Experience Matters

EPC design build of a 500 MW gas-fired power plant. The project was significantly delayed and disrupted due to local unavailability of labor resources despite union agreements to provide the required construction manpower. Prepared a force majeure claim based on lack of available local labor and other resources. This involved considerable research into area and regional labor usage, related area and regional construction facilities, and union services interfaces. Submitted a heavily researched paper to the client including supporting CPM analysis and contract entitlements to facilitate settlement negotiations. The main contractor succeeded in recovering additional monies and avoiding liquidated damages.

On behalf of a prime contractor, provided technical, scheduling, loss of productivity, and damages analyses in regard to a $30 million dispute related to the engineering and construction of a high-grade gold processing facility. Prepared the prime contractor's claim, reviewed and prepared a pass-through claim for the mechanical subcontractor, and evaluated the owner's counterclaim. Evaluated the status of design at contract award, the quality of owner-supplied equipment, the accuracy of the contractors' bid estimates, and the responsibility and impact of numerous design and construction changes as well as other issues. Evaluated and apportioned responsibility for delay, disruption, and damages among multiple parties. Quantified disruption resulting from cold-weather work, overtime, crowding, shift work, and the cumulative impact of changes. The parties settled prior to court proceedings.

On behalf of an owner, performed an audit of the EPCM and general contractor’s cost records to identify potential billing discrepancies and problems on cost reimbursable contracts for a calciner expansion project.

On behalf of an insurance company, analyzed a $500 million claim for business interruption losses due to delays to the startup and commissioning of an upgrader refinery that was built to process synthetic crude oil from an oil sands production facility. The delays were allegedly caused by a fire at the oil sands production mine site, which delayed the transport of bitumen to the refinery through a 200-plus-mile pipeline. Prepared detailed CPM schedule analyses and an expert witness report. Designated as a CPM expert witness in support of the ICC arbitration in Alberta.

On behalf of an owner, provided litigation support for a nuclear power plant project involving assessment of cost overruns, delays, inadequate QA/QC documentation, and defective electrical and instrumentation installations.

Reviewed and performed delay and cost analysis services for a mixed-use and retail development project in Roswell. Prepared detailed schedule, damages, and delay analysis in preparation of litigation and support for trial.

On behalf of a major international chemical company, analyzed its contract documents and specifications for engineering, procurement, and construction of chemical plants worldwide. Recommended clauses to resolve the potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures. Provided a claims prevention seminar.

On behalf of an owner, performed a comprehensive audit of issues that caused substantial delay and cost overruns on a multibillion-dollar gas-to-liquids processing plant. Issues included evaluation of the man-hour and cost estimate for the project, labor productivity, effect of design changes, assessment of the EPC contractor’s management performance, and government-caused problems. Delays and cost overruns were tied to issues to allocate responsibility of the parties.

On behalf of an insurance carrier, prepared an expert report for a case before the Superior Court of Ontario pertaining to the cost of construction to complete a residence in Metcalfe, Ontario, Canada. Reviewed, analyzed, and commented on the plaintiff’s expert report. Developed an estimated construction cost analysis for the scope of work presented by plaintiff’s expert. Opined on whether individual scopes of work provided by the plaintiff were a part of the completion of the house or an enhancement of the house.

An EPC contractor installed a wet type fuel gas desulphurization unit to an existing power facility utilizing combustion turbine scrubbers. The project involved coordination or works around an existing operating plant and a tight site with regard to construction and storage space facilities. Prepared defense for the main contractor from subcontractor and critical vendor supplier claims involving delay and disruption impacts and the application of liquidated damages. The project also suffered from prime contract delays caused by owner interference and local labor regulations and rules instigated by the owner post contract execution that severely impacted the main contractor’s ability to manage the subcontract craft workers. Provided CPM schedule, cost, and change order analyses to support the main contractor’s claims against the owner.