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.

On behalf of an EPC contractor, evaluated the causes of cost overruns that it incurred during a project to upgrade the coker in a refinery. Although the work was performed under a reimbursable contract, the owner decided not to pay part of the costs due to an alleged agreement to cap the project management costs and fee.

On behalf of an electrical contractor, reviewed the validity of backcharge claims alleged by a general contractor. Prepared a report to facilitate settlement of the claims.

Lead cost and schedule consultant retained by a group of insurance companies to evaluate the reasonableness of a $200 million cost estimate and cost/schedule risks associated with the repair of fire damage to four electrostatic precipitators and enclosures in a large oil sands plant in Alberta. The engagement involved site visits, interviews, and the evaluation of rebuild cost and schedule estimates and supporting documentation, with particular emphasis on assumptions, construction means and methods, labor costs and productivity, field indirect costs, contingency, and expediting and delay costs. Final work products included written reports, which addressed the bases for and reasonableness of the repair schedule and cost estimate, and the cost impact of several expedited repair schedule alternatives, and oral presentations to loss adjusters and insurance company representatives.

Prepared a contractor’s $250,000 change request for delay and disruption associated with structural, mechanical, and electrical design changes in the construction of a correctional facility.

Analyzed a major fire at an upgrader in Alberta that processed synthetic crude oil from an oil sands facility. The client, a major construction company and its insurer, was defending against liability for property damage and business interruption damages totaling $1 billion.

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.

On behalf of a government controlled nuclear management company, performed a third-party review and upgrade analyses of its bidding processes and contract conditions for the decommissioning and new construction of nuclear power plants. Reviewed the contract/bidding documents and provided an independent risk management report covering best practices, PMBOK application, project success goals, and general procedures for upgrading contractor performance.

Prepared a claim involving total cost reconstruction and damages analysis for a resort condominium complex.

Reviewed an owner’s contracting strategy and risks associated with the engineering, procurement, and construction of several major chemical plant projects.