Experience Matters

On behalf of an owner, prepared and evaluated claims concerning the design and construction of one of Europe’s largest nuclear reactor and turbine generator facilities, involving multiple tranches of claims submitted over the course of several years. Conducted schedule delay and quantum analyses on approximately €3.6 billion in contractor claims and approximately €2 billion of owner counterclaims. Reviewed the merits of outstanding change orders that were part of the contractors’ claims. Assessed claims associated with loss of productivity, time-related costs, subcontractor pass-through costs, delayed and disputed payments, overhead, profit, and interest. Provided expert testimony concerning delays and quantum during arbitration proceedings held at the International Chamber of Commerce.

On behalf of an owner, analyzed a mechanical contractor’s $7 million marine lien delay and disruption claim against a major oil company on an offshore oil production project. The claim involved the value of equipment, piping, and structural installations on two refurbished rigs.

Reviewed typical contracts, cost and schedule control procedures that an offshore oil and gas contractor used to identify language that could be improved to reduce risks, identify ambiguities, and mitigate the potential for claims.

On behalf of an owner, performed analyses and prepared expert reports regarding schedule delays and increased costs associated with an EPC contractor’s $138 million claim on a gas plant expansion project. The work involved correction of the contractor’s baseline schedule and schedule updates, assessment of impacts allegedly due to change orders, welding defects, late delivery of drawings by the owner, and contractor performance problems. Prepared time impact and As-Built But-For Schedule Analyses to address time extension entitlement, compensable delay, and loss of productivity. Developed a chronological database and assisted the law firm with witness statements and document disclosure requests. Completed a comparative assessment between the project’s radiography records for the rejected pipe joint welds, and the results that were developed from the owner’s radiography expert’s interpretation of the films. Evaluated the opposing experts’ schedule delay and damages analyses and assessment of responsibilities for project management performance problems. Performed extensive schedule quality assurance review studies of the contractor’s contemporaneous EPC project schedules to ensure that these schedules could be used for delay analysis. Identified and documented numerous problems with open-end activities, overuse of constraints, missing original scope, incorrect as-built dates, missing as-built dates, and missing logic links. The dispute was resolved prior to arbitration.

On behalf of an owner, reviewed CPM schedules submitted for arbitration to verify their authenticity for use in a delay analysis by an opposing expert. Prepared examination questions for counsel to cross examine the opposing expert at arbitration regarding causes of delay to the reconstruction of a refinery that a cyclone damaged.

An EPC contractor installed a wet type fuel gas desulphurization unit to an existing power facility utilizing combustion turbine scrubbers. The project involved coordination or works around an existing operating plant and a tight site with regard to construction and storage space facilities. Prepared defense for the main contractor from subcontractor and critical vendor supplier claims involving delay and disruption impacts and the application of liquidated damages. The project also suffered from prime contract delays caused by owner interference and local labor regulations and rules instigated by the owner post contract execution that severely impacted the main contractor’s ability to manage the subcontract craft workers. Provided CPM schedule, cost, and change order analyses to support the main contractor’s claims against the owner.

Prepared main contractor’s claim against employer for extension of time for completion with additional payment for the Dubai Maritime City Project. Prepared Statement of Claim for extension of time with quantum for time-related and non-time-related additional costs. The dispute concerned construction delays due to multiple reasons that were attributed to the employer, such as delay in review and approval of submittals, excessive variations, lack of access and obstructions to site, and delay in issuance of IFC drawings.

Analyzed and presented schedule impacts and litigation support services for a public schools district in defense of a general contractor’s claims on four elementary schools.

Developed the detailed schedule and project control system for a 2x400 MW coal-fueled power plant. Created and maintained an accounting and reporting system to track the financial participation of four consortium partners.

Performed schedule delay expert witness services, including testimony during arbitration hearings with respect to a $30 million dispute between an electrical power generator and a consortium of power distributors. Issues involved the analysis of concurrent delay.