Experience Matters

On behalf of an owner, performed an assessment of a Change Order Request for Labor Productivity Impacts and Extended General Conditions Cost. The assessment revealed that the contractor did not follow the MCAA instructions on the use of MCAA’s Labor Factors found in MCAA Management Methods Manual Bulletin No. PD2 (Revised 2011). The assessment also identified that the claim for General Conditions Cost was not supported by any schedule analysis and was a total cost claim even though there were numerous executed change orders, which included a 14 percent markup for supervision, quality control, and safety.

Wrote an expert report for an owner regarding a Construction Manager’s (CM) project management performance on the construction of a new hospital facility. The contract was CM at risk with a guaranteed maximum price contract of $280 million. The project scope consisted of a seven-story acute care tower, two-story base facility, six-story medical office building, underground parking and two-story parking structure, and central energy plant. The project incurred over one year of critical path delay, ultimately resulting in the owner terminating the CM for default.

On behalf of an insurance company, analyzed a $50 million loss for property damage and business interruption resulting from cracking to a reactor vessel at a glycol process plant facility in Alberta. Prepared deposition questions and assisted loss adjusters and counsel for the underwriters with cost and schedule analyses.

On behalf of an owner, analyzed delays, acceleration, change orders, unit rate, and loss of productivity claims totaling $20 million by a major U.S. engineering contractor. Also analyzed counterclaims by a major U.S. chemical company on an ethylene plant project.

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.

On behalf of a contractor, evaluated defective design and project management performance problems associated with an offshore underwater gas extraction facility, offshore pipelines, and an onshore gas processing plant. The contractor was a joint venture of the design firm and the underwater pipeline installation company. Under a lump sum turnkey contract, the contractor was responsible for carrying out project design, engineering, procurement, construction and commissioning. The owner terminated the contractor and sought damages recovery.

On behalf of an owner, analyzed change orders, delays, acceleration, and loss of productivity impacts associated with the relocation of an existing gas-fired turbine generator and the construction of a new HRSG in an existing industrial plant. This project involved the defense against the contractor’s claim and preparation of the owner’s liquidated damages counterclaims. Testified in mediation, which resulted in a successful settlement of the dispute.

On behalf of an owner, analyzed the adequacy of a cost estimate and construction risks associated with the upgrade of an LNG facility.

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.

Performed quality control and reasonableness review of a schedule delay analysis for a tunnel-boring contract on the Los Angeles metro subway project.