Experience Matters

On behalf of an owner, analyzed alleged deficiencies in the design of a petroleum coke gasification and syngas plant that resulted in change orders, delay, and loss of productivity claims totaling $25 million against the owner of a refinery. The project involved the relocation of a coal gasification facility from California and redesign of the plant based on petroleum coke feed.

Prepared main contractor’s delay and disruption claim with additional costs on two of The Pearl Qatar residential towers, Plots 20 and 21, due to change orders issued by the client for finished works. Testified concerning the validity of the delay analysis and the resultant cause-effect on the project contractual milestones and the validity of the additional costs claimed by the main contractor.

On behalf of an owner, performed an assessment of a Change Order Request for Labor Productivity Impacts and Extended General Conditions Cost. The assessment revealed that the contractor did not follow the MCAA instructions on the use of MCAA’s Labor Factors found in MCAA Management Methods Manual Bulletin No. PD2 (Revised 2011). The assessment also identified that the claim for General Conditions Cost was not supported by any schedule analysis and was a total cost claim even though there were numerous executed change orders, which included a 14 percent markup for supervision, quality control, and safety.

Provided scheduling support to the estimating team for the $77 million Highbridge Yard Maintenance Facility. Developed pre-bid schedule and aided in the development of Baseline CPM Schedule. The project consisted of the construction of a 62,000 SF rail car maintenance facility (ten car lengths) with two tracks and the installation of associated maintenance and repair equipment. The facility also included an additional 8,300 SF of office space and employee locker rooms located on the second floor. Other project components included the construction of 35,000 feet of track along with 32 switches and electric substation, as well as an employee station.

On behalf of a contractor, prepared a response to an owner’s experts’ reports for an ICC arbitration in London regarding the reasonableness of a bid estimate and the cost to complete an airport project.

Provided claims prevention training seminars for a mineral processing engineering firm in Denver, Tucson, and Mexico City. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

EPC design build of a 280 MW gas-fired combined cycle power expansion to a refinery brownfield site. Managed and directed contract administration and claims procedures team. Defended and negotiated a series of owner/subcontractor claims against the EPC contractor. Prepared a force majeure weather impact claim.

Prepared fit-out contractor’s delay and disruption claim with additional associated costs for a five-star hotel due to construction work delay by the main contractor, the MEP subcontractor, constant changes in fit-out works, and delay in approvals by both the consultant and client.

Provided litigation support services for a $3 million real estate development project. Created as-planned and as-built CPM schedules for delay and acceleration evaluations including extensive analysis of weather delays.

Performed a high-level review of an insurer's flood and fire analysis spreadsheets. Assessed reasons for claimed cost denials and/or reductions and reviewed documentation to preliminarily address cost denials and/or reductions. Developed a rebuttal report to claimed cost denials and reductions for a 237-bed, long-term-care living/nursing facility.