Experience Matters

On behalf of an equipment manufacturer, analyzed a $7 million claim by a contractor regarding extra work involving the structural steel installations on a new cement manufacturing plant. The analysis also involved the contractor’s claim that it constructively accelerated its work to overcome delays.

On behalf of the government, evaluated the quality of the CPM schedules prepared by several international oil companies for the development of an LNG facility in Tanzania.

Developed the Baseline CPM Schedule for the $76 million Route 18 Extension Section 2A Highway Project.

Assisted original principals in defending a $6 million claim by the acquiring firm regarding a project that manufactured long-term storage containers for spent nuclear fuel. The purchasing firm alleged that the principals of the original firm misrepresented relevant financial information related to the project’s progress and forecast costs at the time of the change in ownership. Assisted original principals in substantiating that actual performance of the work in progress was in fact consistent with projections and the only exceptions were due to a substantial change in the definition and allocation of overhead burdens, and other business decisions made by the acquiring firm subsequent to the transfer of ownership. Claim was settled prior to hearings and on terms very favorable to defendant client.

Performed damages and schedule analyses for a contractor in a $1.3 million dispute with its earthwork and utilities subcontractor. Submitted an expert report that asserted $300,000 in damages and defended a $1 million counterclaim. Prepared all damages and schedule analyses and provided testimony in both deposition and arbitration. The contractor received a favorable award.

Reviewed an owner’s contract for the EPC of a polyethylene plant. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures. Recommended changes to project management, scheduling, and project controls provisions to improve the owner’s visibility into project progress reporting.

On behalf of a piping manufacturer, analyzed the fabrication of piping components as an element of the fabrication and erection of HRSGs including the identification of aspects of the delay resulting from the actions of the various parties included in the project. Prepared an expert report, which led to settlement of the matter.

On behalf of an EPC contractor, provided dispute resolution services to the project management team regarding owner impacts that stemmed from contractual issues, owner-furnished equipment, project permits, schedule delay issues including pacing, and submittal of invoices with supporting invoice documentation for a power plant located in southern Montana. Advised the project management team regarding schedule analysis strategies needed to resolve the dispute. Both the EPC contractor and the owner reached an amicable settlement.

Assessed the delays a contractor experienced on a project. Provided delay analyses and opinions regarding issues that the contractor identified that caused impacts to the project final completion milestone and that the owner allegedly caused. The assessment identified which delays were attributable to the owner's actions or inactions and quantified the number of days for which the contractor was entitled to an extension of time.

On behalf of an EPC contractor, provided claims analysis, entitlement analysis, schedule analysis and assessment of $20 million in cost overruns on a lump sum, fast-track gas processing plant project. Issues included defective specifications, changes, and delays.