Experience Matters

Provided litigation support services for a $3 million real estate development project. Created as-planned and as-built CPM schedules for delay and acceleration evaluations including extensive analysis of weather delays.

The project centered on the EPC design/build of a state-of-the-art sewage treatment plant to replace an existing, overutilized facility in order to meet the current and future needs of the city. Due to site constraints, the plant involved stacking SBR’s on top of each other and building the new works parallel to maintaining the old plant prior to demolition. EU environmental regulations were critical to maintaining high standards of odor and treated water outputs. The plant ultimately failed to meet performance standards, was delayed in construction, and had operational issues for the local residential areas. Engaged to provide support in developing the main contractor’s construction claims (in conjunction with the main contractor’s consortium partners) against the owner and assist with resolution of insurance claims for E&O problems during the design process. This involved CPM and disruption analysis, plus coordinating outside counsel and other experts to support the contractor’s position.

On behalf of underwriters, as a result of a potentially insured event, evaluated whether other causes of schedule delay to the shutdown and refueling of a nuclear power plant would have caused concurrent delays to the project. Participated as a member of the Loss Adjuster’s Team of experts concerning a $140 million property damage claim and a $255 million delayed start-up claim. Evaluated Primavera schedules, analyzed opposing expert’s reports, and provided support to loss adjusters, counsel, and underwriters at market meetings.

On behalf of an owner, reviewed a claim involving disputed change orders and extra work by a contractor against a chemical company of an EVS/CVS upgrade project.

On behalf of a contractor, performed quality control and analyzed the reasonableness of schedule delays on a $70 million dispute for a tunnel-boring contract on the Los Angeles metro subway project. Construction of the subway tunnels was delayed by over two years. Identified and apportioned responsibility for the delays.

On behalf of the EPCM contractor, performed preliminary standard of care analyses regarding an iron ore mining project involving mining, crushing, and grinding processes and potential variations in each of these processes that may have effected production. Evaluated standard of care, schedule delay, life of mine, and loss of profit issues.

Performed CPM scheduling, pay application, and dispute resolution services for the owner of the E-470 Public Toll Road project in Denver. Tracked and monitored the general contractor’s 5,500-activity CPM schedule that was cost and resource loaded. Provided effective pay application payment services by verifying and approving work performed by the general contractor. Performed various special studies regarding disputed pay items as well as the calculations of projected future value of interest for disputed work. Successfully worked with the contractor’s schedulers to develop an effective procedure for schedule updates and changes.

On behalf of an equipment supplier, developed estimates to complete four power plant projects that the contractor left incomplete.

On behalf of the Wyoming Department of Transportation, evaluated a contractor’s delay and extended overhead claims on a structural steel bridge and anchored retaining wall project. Evaluated whether there was a reasonable basis for terminating the contractor.

On behalf of an owner, evaluated a contractor’s expert report and €18 million delay and disruption claim concerning the replacement of emergency diesel generators on a nuclear power plant in Finland. Assessed the expert’s time extension analysis, which was found to lack an assessment of the critical path of the work. The claim was ultimately rejected.