Experience Matters

Analyzed an owner’s errors and omissions claim against the design contractor on a condensate plant project.

On behalf of an owner, analyzed a $60 million claim from a general contractor related to alleged project delay, increased scope, and loss of labor productivity. The project was for the expansion of an existing cement manufacturing plant in Florida and involved the construction of an additional 2,800-ton-per-day production line from raw material handling through bulk material load out. Performed schedule quality assurance reviews of the contractor’s contemporaneous schedules to correctly quantify project delay and disruption from alleged late delivery of owner equipment. Worked closely with the owner to resolve problems contained within the contractor’s contemporaneous schedules such as open-end activities, overuse of constraints, missing original scope, incorrect as-built dates, missing as-built dates, and missing logic links.

Prepared entitlement and damage analyses for a hydroelectric pumped storage facility. Performed financial analyses and wrote expert reports.

On behalf of an owner, performed an in-depth integrated cost and schedule risk analysis for a CAD$14 billion oil sands project. Added logic ties and key interface milestone details into the Level II schedule to develop a Risk Analysis Schedule. Provided an assessment as to whether the current schedule and cost forecast was achievable. Provided a “to go” risk analysis on schedule and cost for each project area as well as an assessment of the overall cost (including indirects) and schedule risks. Evaluated current trends in the schedule and cost forecast including field productivity effects. Reviewed the project control processes, provided an assessment including: evaluation of systems/flow of data from EPCs/GCs to the owner, change management processes, and contracts processes for back-charging and processing of claims. Reviewed how material quantities were being managed. Delivered recommendations to further de-risk and improve the probability of achieving project goals.

Performed an analysis in support of an owner’s claim against an international EPC contractor’s performance, delays, and $100 million cost overrun regarding a Spar production facility that was fabricated in Finland for installation in the Gulf of Mexico. Issues involved material delays, welding rework, quadrupling of labor man-hours, wet mating of hard and soft tank/truss, delay, liquidated damages, conversion of contract issues, and related damages.

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, participated in the preliminary analysis and evaluations of delay and disruption claims by an EPC contractor on a large LNG project in the southeastern United States. Evaluated multiple EPC contractor delay claim submissions and reports that included calculation of delay costs. The owner used these independent evaluations in pre-mediation discussions and negotiations.

Performed claims analysis, construction oversight, contract administration, and expert testimony for a surety involved in the mechanical installations on a prison project.

On behalf of an owner, analyzed a $1.7 million claim for schedule delays and disruptions during the construction of two wastewater treatment plants and barometric condenser conversions at an oil processing unit. Prepared detailed CPM schedule analyses and expert reports. The dispute was successfully resolved prior to the arbitration.

On behalf of an owner, performed a review of an EPC contractor’s project management performance and a schedule delay analysis to allocate responsibility for delays to the engineering, procurement, and construction of a multibillion-dollar nickel processing plant in Newfoundland, Canada.  The primary issue was standard of care and whether the EPC contractor was grossly negligent in its performance.  Prepared expert reports and testified in arbitration.