Experience Matters

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.

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.

Prepared a mechanical contractor’s $20 million claim for delay, additional work, labor disputes, and loss of productivity regarding a $790 million delayed coker project at the Cerro Negro Oil Upgrading Project. Assisted counsel in the preparation of its briefs and document discovery requests. Prepared an expert report that was intended for witness testimony at ICC arbitration hearings in Geneva, Switzerland; however, the case settled before the hearing was conducted.

Analyzed a contractor’s $0.9 million delay and disruption claim against the owner of a 1x1 peaker power plant in Yuba City. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.

Prepared a contractor’s baseline schedule and schedule updates for the construction of a $5 million church and related site work.

Assisted an owner in performing its due diligence of cost estimates and schedules by: (a) validating that the estimations of asset management costs were based on a “Class 2” estimate as defined by the Association of Advancement of Cost Engineering International (AACEI) and (b) reviewing refurbishment schedules to ensure that there were no contingencies in the integrated base schedule.

On behalf of an owner, analyzed a claim for delays and cost overruns against the engineering, procurement, and construction contractor of a polyol chemical plant project.

On behalf of a contractor, analyzed damages to rebut a $52 million claim from the owner on a large wastewater tunnel. Audited and reconciled $166 million in actual costs versus an after the fact estimate of $114 million.

This project involved an evaluation of the schedule at a U.S. refinery following a fire and explosion in 2019 and a dispute between the insurance company and owner concerning a business interruption loss due to the refinery shutdown. We reviewed the relevant documents that described the potential refinery rebuild project scope of work and provided an opinion addressing whether the reconstruction schedule was reasonable. We also determined whether the schedule incorporated the rebuild project scope of work set forth in the rebuild cost estimate. Finally, we provided our opinion regarding considerations the rebuild contractor did not address, adequately or at all, that we believe would have had an impact on the rebuild timeline.

Provided dispute resolution services for a general contractor in defense of $2.5 million in assessed liquidated damages by the owner of a power plant. Evaluated contemporaneous project records to identify project impacts. Identified and quantified critical path delays and lost productivity impacts caused by the late delivery of equipment and materials, late responses to RFIs, and last-minute changes by the owner’s turbine/generator supplier on a new power plant project. Used retrospective CPM schedule delay analysis methodology to demonstrate delays caused by the identified impacts. CPM schedule delay analysis successfully supported the general contractor’s defense against the owner’s assessment of liquidated damages against the general contractor. The general contractor and owner ultimately reached a negotiated settlement.