Experience Matters

The project involved disputes among an owner, main contractor, and joint venture power island equipment supplier regarding damage to the combustion turbine (CT) caused by through projectiles in the power stream. The multi-party dispute involved both contract and insurance claims for delay, disruption, liquidated damages, and direct damage reparation works to the CT start-up operations. Managed claims team that was engaged to consult on both the contract and the insurance claims for the main contractor, which involved delay, disruption, and damages analyses for a series of settlement negotiations and mediation. Ultimately, the completion of the damaged CT works had to be factored into the process and the plant restored to full operational capability. Settlement talks ultimately succeeded, and formal litigations proceedings were avoided.

On behalf of an EPC contractor, provided dispute resolution services to the project management team regarding owner impacts that stemmed from contractual issues, owner-furnished equipment, project permits, schedule delay issues including pacing, and submittal of invoices with supporting invoice documentation for a power plant located in southern Montana. Advised the project management team regarding schedule analysis strategies needed to resolve the dispute. Both the EPC contractor and the owner reached an amicable settlement.

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 an electrical contractor, reviewed the validity of backcharge claims alleged by a general contractor. Prepared a report to facilitate settlement of the claims.

As the owner’s representative, provided technical support and status reporting on a fast-track refinery expansion project in the western United States. Work included preparing a FEL-3 cost estimate and schedule, and weekly project controls and reporting of labor hours, productivity factors, costs, changes, delays, and schedule status.

On behalf of the public owner and its attorney, provided analysis of material and construction deficiencies that were performed by the construction contractor that replaced a sanitary sewer pipeline in Utah. The contractor was required to design its installation to keep groundwater from intrusion into the pipe after completion of its work, which it failed to do, alleging changed conditions. The owner issued multiple notices of defects to the contractor in a timely manner. The contractor abandoned the project. Work to date has included an expert report and deposition. Testimony not yet scheduled.

Provided pre-bid scheduling using Primavera for the $180 million San Diego International Airport expansion and infrastructure project. Also reviewed and approved the contractor’s schedules. This project included CIP bridge structures, utility relocations, demolition of existing bridge structure, grading and paving for detours and airport parking.

This project involved an evaluation of the schedule at a U.S. refinery following a fire and explosion in 2019 and a dispute between the insurance company and owner concerning a business interruption loss due to the refinery shutdown. We reviewed the relevant documents that described the potential refinery rebuild project scope of work and provided an opinion addressing whether the reconstruction schedule was reasonable. We also determined whether the schedule incorporated the rebuild project scope of work set forth in the rebuild cost estimate. Finally, we provided our opinion regarding considerations the rebuild contractor did not address, adequately or at all, that we believe would have had an impact on the rebuild timeline.

On behalf of an owner, participated in the preliminary analysis and evaluations of delay and disruption claims by an EPC contractor on a large LNG project in the southeastern United States. Evaluated multiple EPC contractor delay claim submissions and reports that included calculation of delay costs. The owner used these independent evaluations in pre-mediation discussions and negotiations.

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.