Experience Matters

Prepared an owner’s claim against an engineering and construction management firm that was terminated for default for defective design work, delays, and cost overruns on a guaranteed maximum price contract to build a commercial-scale chemical plant scaled up from a pilot plant test facility.

On behalf of an owner, performed analyses and prepared expert reports regarding schedule delays and increased costs associated with an EPC contractor’s $138 million claim on a gas plant expansion project. The work involved correction of the contractor’s baseline schedule and schedule updates, assessment of impacts allegedly due to change orders, welding defects, late delivery of drawings by the owner, and contractor performance problems. Prepared time impact and As-Built But-For Schedule Analyses to address time extension entitlement, compensable delay, and loss of productivity. Developed a chronological database and assisted the law firm with witness statements and document disclosure requests. Completed a comparative assessment between the project’s radiography records for the rejected pipe joint welds, and the results that were developed from the owner’s radiography expert’s interpretation of the films. Evaluated the opposing experts’ schedule delay and damages analyses and assessment of responsibilities for project management performance problems. Performed extensive schedule quality assurance review studies of the contractor’s contemporaneous EPC project schedules to ensure that these schedules could be used for delay analysis. Identified and documented numerous problems with open-end activities, overuse of constraints, missing original scope, incorrect as-built dates, missing as-built dates, and missing logic links. The dispute was resolved prior to arbitration.

On behalf of an owner, analyzed an EPC contractor’s $43 million claim on behalf of an owner involving hundreds of alleged P&ID changes to the FEED design of a compressor station and pipeline project. Also analyzed resulting delay to the completion of the project, and the technical entitlement to the P&ID changes based on standard industry practice for design development, the owner’s specifications, and the timing of the changes.

On behalf of the Ontario Provincial Government, evaluated delays to the restart of a power plant unit at a nuclear power electricity generation station located in northwest Ontario. The operator of the nuclear unit suffered a force majeure outage and, as a result, was entitled to balancing payments from the Ontario Government while the unit was being repaired and restarted. The provincial government was concerned that the delays that the unit operator experienced were excessively long. Evaluated whether the operator managed the unit’s outage schedule in the most efficient manner.

On behalf of the owner of an LNG project, reviewed an EPC contractor's values for reimbursable subcontracts and other estimated reimbursable costs and prepared a schedule and cost risk analysis. Preparing expert reports as part of an arbitration proceeding.

Performed a schedule risk assessment on an oil refinery in the Middle East that was undergoing a major expansion and upgrade to increase its capacity. The EPC contractor's work was significantly behind schedule, and the parties were contractually obligated to have an independent schedule risk assessment. Our scope of work included an assessment of the quality of the three EPC contractors' schedules, an evaluation of trends in progress and schedule data, and a Monte Carlo schedule risk analysis to predict when the EPC contractor would achieve startup of the various units of the refinery.

On behalf of an owner, evaluated the project management performance, schedule delay, and cost overrun issues on an LNG facility. Developed report for evaluation by the owner as to the feasibility of recovery from the EPCM contractor of cost overrun issues on a reimbursable contract. Evaluated the integrity of the CPM schedules and cost reporting by the contractor. Evaluated change order and schedule delay issues that the construction contractors alleged.

Retained by the owner of a natural gas liquids extraction and fractionation plant involved in arbitration with an electrical and instrumentation contractor. Analysis and opinions provided included contract review, determination of breach of contract, delay analysis, and calculation of cost reimbursements owed to the contractor and damages incurred by the owner.

The project involved disputes among an owner, main contractor, and joint venture power island equipment supplier regarding damage to the combustion turbine (CT) caused by through projectiles in the power stream. The multi-party dispute involved both contract and insurance claims for delay, disruption, liquidated damages, and direct damage reparation works to the CT start-up operations. Managed claims team that was engaged to consult on both the contract and the insurance claims for the main contractor, which involved delay, disruption, and damages analyses for a series of settlement negotiations and mediation. Ultimately, the completion of the damaged CT works had to be factored into the process and the plant restored to full operational capability. Settlement talks ultimately succeeded, and formal litigations proceedings were avoided.

On behalf of a nuclear stem system licensor and supplier, analyzed schedule delay, productivity loss, and direct damages totaling over $1 billion allegedly resulting from problems related to hydrodynamic loads on a nuclear power plant reactor building. Developed a document database comprising hundreds of thousands of documents, and managed the technical experts providing the design analysis.