Experience Matters

Provided a claims prevention training seminar for the National Gas Company.

On behalf of an owner, analyzed various contractor’s delay and change order claims on a major gasoline optimization project, including modifications to an existing FCCU unit, a new alky-acid unit, an isomerization unit, a new heavy naphtha hydrotreater and continuous catalytic regeneration platformer unit, and offsites facilities modifications. Claim evaluations included an assessment of the integrity of the contractor’s baseline and schedule updates, preparation of alternative impact analysis of delays allegedly caused by scope changes as well as concurrent delays caused by the contractor. Also conducted cost support reviews for the change order amounts, recalculation of time-related costs based on delay analyses, and determination of damages based on assessment of contractual entitlements under the terms of the contract. Participated during negotiations to achieve settlement of the change order claims.

Provided expert testimony in arbitration, on behalf of the designer and module fabricator, regarding owner claims of faulty workmanship, delayed project completion, increased project costs, and the designer’s counterclaims of unpaid invoices and change orders related to the design and fabrication of modules and the construction of a gas processing facility. Provided deposition testimony regarding an expert witness rebuttal report.

Furnished CPM scheduling service for a building contractor on the Ft. Gillem Medical Laboratories in Atlanta.

On behalf of a paint manufacturer, prepared an expert report refuting an EPC contractor’s claim for delay and disruption allegedly resulting from work associated with removal of lead-containing paint from the process plant modules and platforms of an offshore oil production facility installed in the Gulf of Mexico. Case settled prior to trial. The project also involved the defense against the owner’s delay claim for recovery of lost profits due to the delay to the achievement of first oil allegedly caused by the lead abatement program. Presented an expert report demonstrating that the project would have been delayed because of concurrent delay by the EPC contractor. Testified in deposition, which resulted in a successful settlement of the dispute.

Prepared a schedule delay analysis for an underground piping subcontractor. Was designated as a CPM scheduling expert. The claim settled in negotiations after preparation of an expert report.

On behalf of an owner, evaluated contractors’ claims for delays and cost overruns associated with two offshore gas pipeline projects.

On behalf of an apartment building owner, performed an assessment to determine whether a contractor met its contractual and/or industry standard of care obligations associated with project management, project schedule development and progress updating, and construction management. Also prepared a schedule delay analysis of the project to identify delays to the project substantial completion date, determined their causes, and allocated responsibility for each delay to the parties. Prepared an expert report of findings and opinions.

Provided expert witness services and prepared preliminary damages analyses for an electrical subcontractor on a water reclamation project.  The claim issues concerned the electrical subcontractor’s loss of productivity and extended overhead damages.  The dispute settled in negotiations after preparation of our expert report.

Assisted a mechanical contractor in a $7 million dispute with an EPC contractor over additional costs associated with delays, disruptions and loss of productivity on a 300 MW combined cycle power plant. Disputed items included: 1) changes in the scope of work, 2) late delivery of EPC contractor-supplied materials and equipment, and 3) late delivery of necessary design information.