Experience Matters

On behalf of an owner, performed an assessment of a contractor’s performance and construction productivity, an evaluation of the contractor’s target cost to complete a natural gas pipeline project, and quantification of costs associated with removing and replacing defective pipe.

Performed schedule delay and damages analyses and prepared an expert report for a subcontractor performing the cooling tower design and construction on a combined cycle power plant project.

On behalf of an owner, performed an in-depth integrated cost and schedule risk analysis for a CAD$14 billion oil sands project. Added logic ties and key interface milestone details into the Level II schedule to develop a Risk Analysis Schedule. Provided an assessment as to whether the current schedule and cost forecast was achievable. Provided a “to go” risk analysis on schedule and cost for each project area as well as an assessment of the overall cost (including indirects) and schedule risks. Evaluated current trends in the schedule and cost forecast including field productivity effects. Reviewed the project control processes, provided an assessment including: evaluation of systems/flow of data from EPCs/GCs to the owner, change management processes, and contracts processes for back-charging and processing of claims. Reviewed how material quantities were being managed. Delivered recommendations to further de-risk and improve the probability of achieving project goals.

The project centered on disputes between a major contractor and a mechanical/electrical subcontractor on alleged delay and disruption impacts during the construction of a 380 MW power facility due to alleged late information, delayed procurement, and changes. Project completion was significantly delayed, and the subcontractor claimed the contractor caused the negative schedule impacts, subsequently submitting a request for an equitable adjustment (REA) and filing for arbitration. Team leader engaged to consult on the main contractor’s defense of the claim both during the contract execution works and the post completion arbitration events. This involved day-to-day contract administration, claims preparation, and overall management of claims team, outside counsel, and experts.

Performed an audit of a contractor’s $23 million claim and an owner’s counterclaim on a pipeline project in Alberta. Reviewed the contractor’s cost records, schedules, contract, and claim document and advised the owner on the strengths and weaknesses of each party’s position.

On behalf of a schedule delay consultant, reviewed its expert report regarding a claim on a hotel construction project and testified in arbitration regarding the thoroughness of the consultant’s work and the costs it billed.

On behalf of a contractor, prepared a response to an owner’s experts’ reports for an ICC arbitration in London regarding the reasonableness of a bid estimate and the cost to complete an airport project.

On behalf of a structural steel fabrication and erection subcontractor, evaluated the merits of delay claims asserted against the general contractor and delay claims from the general contractor associated with a sports stadium constructed to open prior to the 2024 World Cup soccer tournament in Qatar.

Provided dispute resolution services in support of a chemical company that was defending against $150 million in impact claims made by a European EPC contractor on several polyethylene terephthalate plants. Participated in the document discovery, research, organization, and coding of over 500,000 project records into an Internet-based document repository. Assisted in answering interrogatories and prepared questions for fact witness depositions. Scrutinized the entitlement of alleged critical path schedule delays due to late and continuous changes, technology changes, late turnover package approvals, weather impacts, and slow agency reviews potentially affecting 15,000 schedule activities. Developed a comprehensive delay allocation model used to quantify and document critical path and concurrent delays affecting the schedules. Correlated issues to schedule activities. Employed a retrospective CPM schedule delay analysis methodology to correctly calculate entitlement for compensable delay costs and evaluate concurrent delays due to approved change orders, fact-based project issues, and weather impacts as supported by project records. Based on the findings, the contractor’s claims were grossly overstated and unsupported; the owner enjoyed a favorable settlement at a small fraction of the total dispute. Performed extensive schedule quality assurance review studies of the contractor’s contemporaneous EPC project schedules to determine if these schedules were fit for delay analysis including identification and resolution of open-end activities, overuse of constraints, incorrect as-built dates, missing as-built dates, missing original scope, and missing logic.

Retained by the owner of a natural gas liquids extraction and fractionation plant involved in arbitration with an electrical and instrumentation contractor. Analysis and opinions provided included contract review, determination of breach of contract, delay analysis, and calculation of cost reimbursements owed to the contractor and damages incurred by the owner.