Experience Matters

Calculated $5 million in direct and consequential damages incurred by an owner due to the late and defective construction of a housing development.

Evaluated the merits of a schedule delay claim submitted by a pipe fabricator on a GTL project in Nigeria. Also assisted the owner in settlement negotiations.

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.

Reviewed engineering work processes used by a major engineering company and a major oil company associated with the design of offshore oil and gas production facilities. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

On behalf of an owner, performed a comprehensive “cold eyes” contract risk analysis of the EPC contract documentation, including legal and non-legal exhibits and appendices, contained in the ITT. Provided a written list of recommendations with supporting justification of contractual provisions in the ITT that should be amended, deleted, and/or inserted so as to properly mitigate the client’s risk against spurious and/or undue claims/change orders. Also provided written recommendations as to what impact a project-wide incentive program would have on the contract contingency estimates.

Prepared a claim on behalf of a contractor related to extra work and delays on the construction of an offshore oil platform. Assessed contractual entitlement, owner-responsible and weather-related delays, and the costs associated with the extra-contractual work and delays for an international oilfield and marine services company offering full integrated services.

On behalf of an owner, analyzed a contractor’s delay and loss of productivity claim on the design and construction of a polypropylene project.

Assisted a mechanical contractor in a $7 million dispute with an EPC contractor over additional costs associated with delays, disruptions and loss of productivity on a 300 MW combined cycle power plant. Disputed items included: 1) changes in the scope of work, 2) late delivery of EPC contractor-supplied materials and equipment, and 3) late delivery of necessary design information.

On behalf of an owner, performed a comprehensive audit of issues that caused substantial delay and cost overruns on a multibillion-dollar gas-to-liquids processing plant. Issues included evaluation of the man-hour and cost estimate for the project, labor productivity, effect of design changes, assessment of the EPC contractor’s management performance, and government-caused problems. Delays and cost overruns were tied to issues to allocate responsibility of the parties.

On behalf of a concrete bridge contractor, analyzed key impacting events that delayed and extended drilled foundation pier/shaft work by a subcontractor on a highway bridge in southeast New Mexico. Quantified and allocated delay caused by the subcontractor that resulted in the owner assessing liquidated damages against the concrete bridge contractor. Prepared two expert reports and testified at deposition in preparation of a jury trial. Both parties settled the dispute after depositions.