Experience Matters

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

On behalf of an equipment manufacturer, analyzed a $7 million claim by a contractor regarding extra work involving the structural steel installations on a new cement manufacturing plant. The analysis also involved the contractor’s claim that it constructively accelerated its work to overcome delays.

Assisted an EPC contractor with a $10 million claim against an owner for increased costs associated with increased scope of work, project delays and disruption, and loss of labor productivity arising from subsequent acceleration on the design, delivery and construction of an additional line for the production of polyester chips for use in plastic soda bottle manufacturing.

Retained by a major U.S. oil company to evaluate the status, record keeping, schedules, and costs relative to the design and construction of hulls and topsides for two oil and gas processing offshore platforms being constructed in Korea for installation offshore Angola. The evaluation followed a visit to the contractor’s fabrication yard and focused on the analysis of cost overruns, schedule delays, and entitlement, and an assessment of the potential for claims from the prime contractor.

Prepared interior design/fit-out contractor’s delay claim with additional associated costs for five hospitality buildings, a ballroom, a marina, and external works due to construction work delay by the main contractor, the MEP subcontractor, and delay in approvals by the client.

On behalf of an electrical contractor, analyzed its man-hour and cost overruns that resulted from delays in the completion of predecessor work and the loss of labor productivity caused by the cumulative impact of changes on a hospital project. Prepared an expert report. The dispute was settled in mediation.

On behalf of a contractor, analyzed its pipe fabrication loss of productivity claim on a project involving an upgrade to an existing refinery.

Assisted original principals in defending a $6 million claim by the acquiring firm regarding a project that manufactured long-term storage containers for spent nuclear fuel. The purchasing firm alleged that the principals of the original firm misrepresented relevant financial information related to the project’s progress and forecast costs at the time of the change in ownership. Assisted original principals in substantiating that actual performance of the work in progress was in fact consistent with projections and the only exceptions were due to a substantial change in the definition and allocation of overhead burdens, and other business decisions made by the acquiring firm subsequent to the transfer of ownership. Claim was settled prior to hearings and on terms very favorable to defendant client.

On behalf of a subcontractor, prepared a schedule delay and damages claim for the fabrication and installation of glass and metal curtainwalls for the Memphis/Shelby County Library Project.

Assisted a supplier of proprietary equipment in defending against a $20 million claim on a project involving the design, delivery and construction of a new cement production line from ore receiving to clinker storage and loadout. The general contractor claimed for increased costs allegedly due to delays, disruption and labor impact arising from late delivery of design data and proprietary equipment, and a defective design. The case was arbitrated in Texas. The client was found liable for only a portion of disputed extra work.