U.S. Projects by Region

Long International personnel have been involved in numerous claims and project consulting assignments located throughout the United States. Select the region of the country below, and our experience with projects in each State is described.

Midwest
Illinois
CPM Schedule Preparation and Updating; Convention Centers Furnished CPM scheduling services for the electrical subcontractor on the $66 million McCormick Place Convention Center Expansion Project in Chicago. Worked with the subcontractor’s field staff to develop and monitor a resource-loaded completion schedule that tracked the remaining electrical activities. Updated schedules with job cost and certified payroll information. Correctly calculated the critical path on the electrical work and analyzed impacts from other contractors. Performed productivity studies and provided resource and cost projections used for cash flow and cost-to-complete purposes. Assisted the onsite project management team in the successful closeout of the project.
Cement Plants On behalf of the 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.
Heat Recovery Steam Generation On behalf of the manufacturer of the heat recovery steam generators, performed an analysis of EPC contractor’s $35 million claim regarding a lump-sum contract to design and build a gas-fired power plant. Assessed the EPC contractor’s allegations regarding the constructability of the heat recovery steam generators and the delay and disruption impact of those problems on its work.
Natural Gas Liquids (NGL) Plants Analyzed damages for an owner regarding the cost reimbursable construction of a large NGL separation, processing and storage facility. Damages analysis focused on the reasonableness and causation of significant construction and startup cost overruns related to work performed by the prime contractor’s electrical subcontractor.
Natural Gas Liquids (NGL) Plants Retained by the owner of a natural gas liquids extraction and fractionation plant involved in arbitration with the 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.
Pipelines Provided litigation support and expert witness testimony (at deposition) related to the review and evaluation of a contractor’s $11.5 million claim for disruption, delay and increased costs associated with the construction of a 28 mile, 36-inch diameter pipeline.
Refineries On behalf of the EPC contractor, performed an analysis of an owner’s $19 million claim firm relative to home office and field cost budget overruns under a reimbursable contract for a $200 million refinery project.
Steel Mills Prepared damages analyses on a dispute on a steel mill expansion project. Responsible for a unit price variance analysis and estimating costs for civil, concrete, mechanical, and electric work.

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Indiana
Airports Provided deposition testimony on schedule delay, loss of productivity and damages claims of $1.5 million in the construction of a $30 million maintenance facility at an international airport. The case was settled prior to arbitration.
Coal-Fired Power Plant; Coal-Fired Power Plants Provided claims analysis, cost and schedule analyses, and rebuttal report preparation services regarding insurance claims related to defective flue gas desulfurization systems on four coal-fired power plant projects.
Coal-Fired Power Plants On behalf of the mechanical contractor, prepared a $1 million claim involving the installation of new Low NOx and boiler reheater facilities on a power plant project.
Diesel Engine Manufacturing Plant On behalf of the insurer, evaluated property damage claims associated with flood-damaged industrial buildings and manufacturing facilities following a flood. Prepared comparative cost estimates for the damaged equipment and facilities to test the reasonableness of the damage claims alleged by the owner.
Nuclear Power Plants Provided damages analysis for the Federal Government on a major nuclear power plant litigation involving the investigation of damages resulting from alleged antitrust and racketeering activities by several major electrical contractors. Work included database research, discovery and deposition support, issues research, and incurred cost, schedule, productivity, and estimate analyses. Analysis emphasized the evaluation of both estimated and actual electrical commodity quantities, material unit costs, labor unit productivity rates, labor rates and extensions, and global estimate basis assumptions, adjustments, conditioning and productivity factor considerations. The cost evaluations also comprised numerous comparative analyses of project information against industry standards and other nuclear power plants.
Smelters, Furnaces, and Calciners On behalf of the owner, provided schedule delay analysis, cost analysis, and litigation support of a $400 million blast furnace and coke oven battery project involving analysis of construction cost and schedule overruns and the adequacy of the engineering design.

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Iowa
Wastewater Treatment Plants Prepared an Expert Report evaluating safety violations that caused the electrocution of a worker.

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Kansas
Airports Provided schedule delay analysis, prepared an Expert Report, and presented testimony in deposition and arbitration for the general contractor in defense of claims submitted by the glass/glazing subcontractor on the Kansas City Airport Renovation Project.
Coke Gasification Plant On behalf of the owner, performed an analysis of alleged deficiencies in the design of a petroleum coke gasification and syngas plant, resulting in change orders, delay, and loss of productivity claims totaling $25 million against the owner of a refinery. The project involved the relocation of a coal gasification facility from California and redesign of the plant based on petroleum coke feed.
Gas Plants Provided expert witness testimony for a royalty owner / producer dispute regarding post-production expenses associated with the Kansas-Hugoton gas field.
Schools Provided schedule delay analysis and damages quantification for the mechanical subcontractor in a claim to the general contractor on a new high school construction project in Dodge City.

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Michigan
Gas-Fired Power Plants Retained by a HRSG manufacturer on a three-train gas-fired power plant project. Visited the construction site and assessed the impact of delays related to HRSG rework, and the affects of concurrent delays resulting from prime contractor completion work, and delayed owner startup and commissioning activities.
Hospitals Performed schedule and damages analyses for a major mechanical and electrical subcontractor related to delays and disruptions encountered during the construction of a VA Hospital project.
Nuclear Power Plants Performed document research and database management, litigation and deposition support, technical problem/entitlement analyses, and cost, schedule, and labor productivity analyses on a $500 million nuclear power plant litigation. The cost analysis focused on the detailed evaluation of base estimate, change order, actual, trend and forecast costs and man-hours for all construction disciplines. The cost analysis involved cause-effect analyses of cost and man-hour growth, labor productivity analyses, quantity growth analyses, and evaluations regarding the consistency or lack thereof between estimated and forecast man-hours, various production and construction factors, and the project schedule durations, logic, and the mechanical completion date.

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Minnesota
Courthouses Provided analysis and review of delay claims submitted by the contractor due to soil contamination caused by underground gasoline tanks on a federal courthouse project.
Training Seminars; Combined Cycle Power Plants Provided Claims Prevention Training Seminar for a contractor that manufactures and installs heat recovery steam generators on power plant projects.
Training Seminars; Heat Recovery Steam Generation Provided a Claims Prevention Training Seminar for a U.S. contractor that specializes in the design and construction of heat recovery steam generators.
Tunnels On behalf of the contractor, analyzed damages to rebut a $52 million claim from the owner on a large wastewater tunnel. Audited and reconciled $166 million in actual costs versus an after the fact estimate of $114 million.

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Missouri
Roads, Highways & Bridges Analyzed a claim asserted by a general contractor who was engaged in the construction of a new bridge across the Missouri River near St. Louis and St. Charles Counties. Issues involved included the unanticipated presence of boulders in the river bed and the resulting delays and cost impacts.
Roads, Highways & Bridges Evaluated a termination settlement proposal submitted by a general contractor who was engaged in the construction of a cable-stayed bridge across the Mississippi River, located just south of Cape Girardeau, Missouri. Following discovery of a differing site condition under a mid-river caisson, the State terminated the construction contractor for “the convenience of the State.” (A separate specialty contractor was subsequently contracted by the State and spent two years grout-modifying the foundation rock under the affected caisson). Prepared an alternative termination settlement proposal for the State, which became the basis for settlement with the contractor.
Roads, Highways & Bridges Analyzed a claim asserted by a general contractor who was engaged in construction of a bridge across the Missouri River east of Kansas City, Missouri. Issues involved included weather and river stage delays and unanticipated buried timbers under a proposed abutment.
Roads, Highways & Bridges Analyzed a claim asserted by a general contractor who was engaged in the construction of a two-mile long bridge approach ramp built primarily from material hydraulically dredged from the adjacent Missouri River in St. Louis County. Issues involved included allegedly unanticipated boulders in the material to be dredged and the resulting delays and cost impacts.
Roads, Highways & Bridges Analyzed a claim asserted by a general contractor who was engaged in construction of a ten-mile, four-lane, highway located in Jefferson County, Missouri, characterized by deep rock cuts and unclassified fills. Issues involved included an alleged change in sequencing of the work and resulting delays and cost impacts.
Roads, Highways & Bridges Analyzed a claim asserted by a general contractor who was engaged in the superstructure fabrication and erection for a new three-lane continuous cantilever truss bridge across the Missouri River, located in Jefferson City, Missouri. Issues involved included steel surface and edge treatment in preparation for painting, bolt and nut approvals and failures, the shop drawing submittal and approval process, inspection and testing, and delays and cost impacts.
Roads, Highways & Bridges Evaluated a claim asserted by a general contractor who was engaged in the construction of a seven-mile highway by-pass involving earthwork, drainage and a bridge. The project was located just to the south of Poplar Bluff, Missouri. The issues involved included alleged earthwork material balances and resultant delays and cost impacts.
Roads, Highways & Bridges Evaluated a claim asserted by a general contractor who was engaged in the construction of a seven-mile, two-lane highway located in the northern Ozark Mountains, west of Branson, Missouri. The issue involved was an alleged differing site condition regarding the boundary depth between soil-like and rock-like materials to be excavated, each of which allegedly required totally different means and methods of construction.
Roads, Highways & Bridges Analyzed a claim asserted by a general contractor who was engaged in a two-lane widening of an existing bypass road and a median strip. The existing two lanes were required to be in continuous operation during the new construction near Fulton, Missouri. Issues involved were alleged mis-represented existing utility lines, material imbalances, and alleged delays and cost impacts.
Roads, Highways & Bridges Evaluated a claim asserted by a general contractor who was engaged in the construction of a three-mile roadway, drainage structures, retaining walls, and bridge abutments. The project was located in Kansas City, Missouri. The issue involved was alleged earthwork material imbalance, and alleged resultant delays and cost impacts.
Stadium Provided damages analysis to rebut an erection contractor’s $1.6 million claim against a steel fabricator on the Kemper Arena. Analysis was used in a rebuttal report and in cross-examination of the opposing expert.
Stadium and Convention Center On behalf of the electrical contractor, prepared a $6 million delay and disruption claim on the St. Louis Stadium and Convention Center Project.
Universities Performed schedule delay analysis, prepared an Expert Report, and presented expert testimony in deposition and arbitration for the general contractor in a claim against the owner on a commercial construction project at Truman State University.

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Nebraska
Coal-Fired Power Plants The project centered on the contract to design and build a 663 MW sub-critical pulverized coal fired plant addition to an existing brown field facility. This was a full EPC contract involving multiple stakeholders including a joint venture between the major contracting entities and power island suppliers. Management of team engaged to provide risk management and claims avoidance advisory and training services to the on-site project teams. Services also included claims avoidance management both on a term and “as required” basis to facilitate early settlement of project problems and avoid lengthy disputes. The project was completed with no major claims or dispute issues.
Courthouses Performed schedule delay and damages analyses for the GSA in defense of a claim submitted by the general contractor on the construction of a new federal court house in Omaha. Prepared the GSA’s presentation in mediation regarding the findings of the analyses and assisted the GSA in the negotiation of a settlement.

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Ohio
Coal-Fired Power Plant; Coal-Fired Power Plants Provided claims analysis, cost and schedule analyses, and rebuttal report preparation services regarding insurance claims related to defective flue gas desulfurization systems on four coal-fired power plant projects.
Fuel Gas Desulphurization Unit The 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 existing operating plant and a tight site with regard to construction and storage space facilities. Prepared defense for the main contractor from sub-contractor 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 signing 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.
Fuel Gas Desulphurization Unit Analysis of allegedly defective installations of fiberglass linings in flue gas desulfurization scrubbers in several power plants in the U.S.
Housing Provided litigation support services for a $3 million real estate development project. Created as-planned and as-built CPM schedules for delay and acceleration evaluations including extensive analysis of weather delays.
Nuclear Power Plants On behalf of the nuclear stem system licensor and supplier, performed an analysis of schedule delay, productivity loss, and direct damages totaling over $1 billion allegedly resulting from problems related to hydrodynamic loads on a nuclear power plant reactor building. Developed a document database comprising hundreds of thousands of documents, and management technical experts providing the analysis of the design.
Nuclear Power Plants Performed an analysis of entitlement, schedule, and cost issues on litigation arising from the termination of a nuclear demolition contractor by the construction manager. Prepared an affirmative claim valued at $2.3 million and rebutted the contractor’s counterclaim valued at $1.5 million.
Nuclear Power Plants Provided damages analysis for a nuclear reactor vendor to defend against claims alleged against the vendor by a nuclear power plant owner. The damage analysis focused on the evaluation of the basis for, and reasonableness of, numerous large claims for direct and time related damages resulting from alleged scope growth, labor inefficiencies, and schedule delays attributed by the owner to NSSS design and operational defects. The damage analysis comprised detailed evaluations of estimated and incurred time-related costs and the costs for all construction disciplines such as civil, structural, equipment, piping, electrical and instrumentation. Cause and effect analysis, WBS cost matrix analysis, and schedule analysis techniques were employed to evaluate and refute the alleged damages. Some of the alleged damages were found to be attributable to estimate errors and performance problems for which the owner was responsible, and remaining damages were found to be largely unsubstantiated or very excessive.
Re-Powering of Power Plant The mechanical subcontractor executed a contract with a power contractor to complete outage work and repowering of CFB Unit #1. The power contractor caused project delays and interferences that delayed the required work to a period outside of the specified outage period and resulted in a shortage of manpower. The mechanical subcontractor accelerated work to maintain the work planned for the outage period. This required additional coordination of utilities and steam blows and functional tests of fuel system, oil fired burners, CFB boiler, air ducts, flue gas system and stack, feed water systems, etc. Engaged to provide claims review services. Evaluated owner and contractor claims, including a review of the CPM schedule submittals. A schedule delay and productivity analysis was produced to determine responsibility for project delays. The claims team found that power contractor delays and interferences were primarily responsible for the acceleration effort and difficulties experienced by the mechanical subcontractor during the mechanical completion and operational testing phases of work.
Wastewater Treatment Plants Provided dispute resolution services for the City of Columbus’ wastewater treatment plant Project “88.” Participated in document research and discovery of 160,000 project documents. Created an as-built CPM schedule with over 1,600 activities in order to evaluate alleged delays and impacts. Performed a retrospective CPM schedule delay analysis to determine schedule delays to the critical path as well as project acceleration. Determined the validity of 141 alleged contractor claim issues with a value over $7 million. Scrutinized the cause and effect relationship between alleged impact issues and schedule delays. Assisted in damage calculations and manpower distribution analysis. Based on the team's analysis of the facts, the City of Columbus successfully negotiated an equitable settlement of claims.

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South Dakota
Food Processing Plants Prepared a contractor’s delay and loss of productivity claim against an owner cooperative on the construction of a $32 million soybean processing plant. Developed a document database, prepared a detailed schedule analysis, and calculated the contractor’s entitlement to delay and loss of productivity damages as a result of the defective design by the process equipment licensor and late delivery of equipment.

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Northeast
Connecticut
Cogeneration Power Plants Provided analysis in defense of a $7.1 million claim brought by the mechanical erection subcontractor for increased scope, delay, extended overheads, and lost productivity on a $189 million simple cycle cogeneration plant.
Combined Cycle Power Plant; Combined Cycle Power Plants Assisted insurance company against claim by the EPC contractor on a project involving the design, procurement and construction of a new 550 MW combined cycle power plant. The contractor claimed that an insured accident caused over $30 million in impact costs including 6 months of project delay and loss of labor productivity and increased support costs in attempts to accelerate to overcome delays. Performed a schedule delay analysis to demonstrate that actual impact of insured accident was negligible and concurrent with delays caused by the EPC contractor. Case was settled just prior to hearings.
Gas-Fired Combined Cycle Power Plants Analysis of a $50 million delayed start-up claim on a 500 MW power plant. Evaluated project delays and cost impacts related to the Heat Recovery Steam Generator (HRSG) collapse.
Railroads Performed schedule delay analyses and prepared expert and rebuttal reports for the general contractor in claims against the owner on the Amtrak Northend Electrification Project from Boston to New Haven.

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Maryland
Microchip Facilities Provided entitlement and damages analyses on an $11 million dispute arising from the construction of a semi-conductor fabrication facility. Prepared issue analyses related to mechanical and piping design changes and performed estimates on mechanical and piping work to analyze cost overruns.
Resource Recovery Facility Provided deposition testimony on schedule delay, loss of productivity, extra work, and damage claims of $2 million on an FGD installation for a Resource Recovery Facility. The case was settled in mediation prior to a trial.
Training Seminars Provided a scheduling and delay analysis training seminar for the U.S. Army Corps of Engineers in Baltimore, Maryland.

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Massachusetts
Combined Cycle Power Plants Assisted supplier of air-cooled condensers in preparing and presenting $6 million claims for project delay and loss of labor productivity on a project involving the design, supply and construction of two (2) - thirty cell air-cooled condensers to support a new 500 MW combined cycle power plant. Delays, disruptions and interferences were caused by lack of progress in overall project and the directed acceleration of supplier’s efforts when defendant EPC contractor knew the client’s work was not on the project critical path.
Combined Cycle Power Plants Provided schedule delay, loss of productivity and damages deposition testimony regarding a $60 million claim on a $300 million combined cycle power plant. The case was settled successfully in arbitration.
Combined Cycle Power Plants Performed an analysis of a contractor’s delay and disruption claim against the owner of 2x1 combined cycle power plant in Boston. The scope of the work included a detailed CPM Schedule analysis to determine delay and acceleration responsibility.
Convention Centers Evaluated an owner’s planned schedule and prepared a retrospective “windows” analysis using the updated and as-built schedules in order to assess the validity of the owner’s claim against the design team for increased costs related to acceleration, labor inefficiency, and expediting/contracting premiums allegedly resulting from design errors and omissions that were identified during construction. Also provided expert testimony (at deposition) on behalf of the design team related to the impact of a fast-track schedule and changes on the design team’s ability to progress its work.
Housing In arbitration for a housing finance agency, provided standards of practice regarding project management and subcontractor management, and schedule delay analysis testimony. The client was awarded over 50% of the liquidated damages claimed.
Laboratory Buildings On behalf of the owner, evaluated a contractor’s delay claim as well as the owner’s claim against the architect for errors and omissions related to the design and construction of a bio-research facility.
Nuclear Fuel Storage Containers 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 for 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. 
Railroads Performed schedule delay analyses and prepared expert and rebuttal reports for the general contractor in claims against the owner on the Amtrak Northend Electrification Project from Boston to New Haven.
Roads, Highways & Bridges As part of the claim scheduling team, provided support documentation, presentation, and negotiation for a $30 million claim on the $400 million Boston Central Artery Project “Big Dig.”

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New Jersey
CPM Schedule Preparation and Updating; Light Rail Assisted design-build contractor with developing a 12,000 activity, cost loaded rolling wave schedule for the Southern New Jersey Light Rail Transportation Project. The work involved preparing a CPM schedule for a $605 million project that involved the design and construction of a 45-mile commuter rail transit line between Trenton and Camden, along an existing rail corridor.
CPM Schedule Preparation and Updating; Roads, Highways & Bridges Developed the Baseline CPM Schedule for the $76 million Route 18 Extension Section 2A Highway Project.
Combined Cycle Power Plants Performed schedule delay and damages analyses and prepared an expert’s report for the subcontractor performing the cooling tower design and construction on a combined cycle power plant project.
Combined Cycle Power Plants Assisted the mechanical contractor for a 300 MW combined cycle power plant in a $7 million dispute with the EPC contractor over additional costs associated with delays, disruptions and loss of productivity arising from: 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.
Office Buildings Evaluated a contractor’s claim associated with the installation of a building management system for a new office complex.

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New York
CPM Schedule Preparation and Updating; Combined Cycle Power Plants Provided scheduling support to estimating team on the $250 million Poletti 500 MW Power Plant Project. Developed pre-bid schedule over 12-month period and multiple proposals through contract award. This project required extensive analysis including resource leveling through the use of resource histograms.
CPM Schedule Preparation and Updating; Heavy Rail Provided support to management team including schedule review and development of working schedules and sub-networks for claims purposes on the $90 million NYC Time Square Rehabilitation Project. The schedule was cost and resource loaded and contained 2,823 activities.
CPM Schedule Preparation and Updating; Railroads Provided scheduling support to the estimating team for the $77 million Highbridge Yard Maintenance Facility. Developed pre-bid schedule and aided in the development of Baseline CPM Schedule. The project consisted of the construction of a 62,000 SF rail car maintenance facility (ten car lengths) with two tracks and the installation of associated maintenance and repair equipment. The facility also included an additional 8,300 SF of office space and employee locker rooms located on the second floor. Other project components include the construction of 35,000 feet of track along with 32 switches and electric substation, as well as an employee station.
CPM Schedule Preparation and Updating; Roads, Highways & Bridges Developed the Baseline CPM Schedule for the $136 million FDR Drive Reconstruction Project. The schedule was cost and resource loaded with 2,344 activities.
CPM Schedule Preparation and Updating; Roads, Highways & Bridges Developed and maintained updates of the Baseline CPM Schedule for the $230 million Brooklyn-Queens Expressway (BQE) Project. Provided schedule expertise, project administration, coordination, analysis, and negotiation of all time-related issues. The schedule was resource loaded with 2,840 activities.
CPM Schedule Preparation and Updating; Roads, Highways & Bridges Provided support to management team including schedule coordination, review and development of Baseline CPM Schedule for the $87 million Roosevelt Avenue/74th Street Reconstruction project. The schedule was resource loaded with 3,200 activities.
Combined Cycle Power Plants Performed an analysis of a contractor’s delay and disruption claim against the owner of 4x2 combined cycle power plant in Athens. The scope of the work included a detailed CPM Schedule analysis to determine delay and acceleration responsibility.
Ethanol Plant On behalf of the owner, analyzed change order claims alleged by the EPC contractor on an Ethanol from corn project at an old brewery site.
Ethanol Plant On behalf of the owner, reviewed schedule acceleration and delays associated with the construction of an ethanol plant. Issues involved force majeure, changed site conditions, and defective work by the EPC contractor.
Prisons Prepared a request for an equitable contract adjustment to assist an electrical and security contractor obtain a time extension and compensation for delays experienced during the construction of a prison project.
Schools Prepared a claim including an entitlement analysis, schedule analyses and damage assessment to assist an electrical contractor obtain a time extension and compensation for delays experienced during the construction of a school project.
Universities On behalf of the contractor, performed a schedule analysis and prepared a proposed change order request for submittal to the State University Construction Fund for additional general condition costs.

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Pennsylvania
Combined Cycle Power Plants Performed an analysis of a contractor’s delay and disruption claim against the owner of 3x1 combined cycle power plant in Philadelphia. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.
Combined Cycle Power Plants Performed an analysis of a contractor’s $8 million delay and disruption claim against the owner of 2x1 combined cycle power plant in Redding. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.
Pipeline and Compressor Station Projects On behalf of the owner, analyzed the validity of costs that were invoiced by the contractor on a pipeline project. Prepared an Expert Report and testified in trial.
Roads, Highways & Bridges Provided contract/entitlement analysis and prepared a detailed as-planned and as-built schedule analyses for the contractor on a highway construction project in Pennsylvania. Assisted the contractor to prepare a recovery schedule to mitigate construction delays caused by differing site conditions.
Sewer On behalf of a public owner, prepared an Expert Report evaluating a contractor’s claims for construction of a sewer expansion project.

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Rhode Island
Gas-Fired Combined Cycle Power Plants EPC design build of a 500 MW gas fired power plant. The project was significantly delayed and disrupted due to local unavailability of labor resources despite union agreements to provide the required manpower for construction. Prepared a force majeure claim based on lack of available local labor and other resources. This involved considerable research into area and regional labor usage, related area and regional construction facilities, and union services interfaces. A heavily researched paper was submitted to the client including supporting CPM analysis and contract entitlements to facilitate settlement negotiations. The main contractor was successful in recovering additional monies and avoiding liquidated damages.

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Washington, DC
CPM Schedule Preparation and Updating; Heavy Rail Provided support to management team including schedule coordination, review and development of Baseline CPM Schedule for the $62 million New York Avenue Metrorail Station. The project consisted of the construction of a new “drop in” metro station, including all track work and connections.
Libraries Reviewed and performed quantification and analysis of errors and omissions related to standard of care issues on the Library of Congress Conservation Facility.

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Various Northeast States
Heavy Rail Assisted Amtrak in preparation and presentation of claims against defendant EPC contractor under the Federal False Claims Act on the installation of a high speed rail from Boston to New York.   Client asserted that defendant contractor had improperly billed the government for substantial amounts that did not represent actual increased costs to the contractor, but were rather the result of gross miscalculations of alleged increased costs due to scope changes, schedule impacts of changes and resulting acceleration costs.  Claims were settled prior to trial with the contractor agreeing to withdraw over $25 million of invoiced amounts.
Railroads Prepared an owner/operator’s claim against a major railroad for causing delays and cost overruns during the construction of fiber optic communications systems along the railroad’s right-of-ways. Developed schedule delay analysis of each of the right-of-ways along which the fiber optic cable was installed in trenches. Identified detailed daily documentation that identified railroad interference or lack of support for the installation of the work.

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Southeast
Alabama
CPM Schedule Preparation and Updating; Storage Facilities Provided the contractor’s baseline and update schedules, change order request and general site supervision on a cement storage and distribution center in Mobile.
Coal Gasification Plant On behalf of the owner, provided litigation support, database management system development, and assessment of the technical design, cost and schedule overruns, and start-up problems of a coal gasification project.
Food Processing Plants Represented a general contractor in defending against a $1 million delay, acceleration and loss of productivity claim on a poultry processing plant. Case was settled during trial with defendant client paying $150,000.
School; Schools On behalf of the insurance company, performed an analysis of a contractor’s claim for costs associated with repairs to 25% of a recently completed community school. Prepared detailed analyses and reports to identify reasonableness of costs claimed in preparation of a settlement negotiation by the insurer.
Schools Provided analysis and review of final completion claims submitted by the owner, against a contractor, due to non-contract compliance and partially caused by design errors/omissions on a county high school project in Baldwin County. Prepared damages related to quantification and analysis of errors/omissions.

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Arkansas
Fiber Optic Underground Cable Systems Provided arbitration support and expert witness testimony (at deposition), including an analysis of damages for claim issues related to the installation of an underground fiber optics network.
Gas Turbine Generator Design, supply, and supervision of installation of a 153 megawatt combustion turbine and generator. Managed the site-based commercial and contract aspects of the project, reporting to the project management team. Contract value: US$50 million.
Schedule Quality Assurance Services; Coal-Fired Power Plants On behalf of the owner, performed an analysis of EPC schedules for an $880 million coal-fired power plant. Evaluated schedule metrics, reviewed schedule logic, and assessed the reasonableness of the critical path.

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Florida
CPM Schedule Preparation and Updating; Condominium Complexes Furnished CPM scheduling services for a building contractor on multiple $40 million+ high rise condominium complexes located in Miami and West Palm Beach.
CPM Schedule Preparation and Updating; Custom Home Furnished CPM scheduling services for building contractor on a luxury apartment home project located in Celebration, Florida.
CPM Schedule Preparation and Updating; Light Rail Prepared monthly progress reports and schedule updates for the preliminary engineering and final civil design of the $600 million Central Florida Light Rail Transit System in Orlando. Developed detailed civil design, construction and system-wide interface schedules.
CPM Schedule Preparation and Updating; Schools Furnished CPM scheduling services for building contractor on the Dade County high school located in Miami.
CPM Schedule Preparation and Updating; Schools Prepared a contractor’s baseline schedule for a classroom addition to an elementary school.
Cement Plants Assisted the owner in the defense of a $12 million claim on a project involving the design, delivery and construction of a new cement production line from ore receiving to finish mill and product loadout.  The EPC contractor claimed for increased costs due to alleged owner-caused delays and disruption arising from late delivery of proprietary design information, and late delivery of materials and equipment, and impacts to labor productivity due to numerous changes to the work and contractor’s alleged acceleration to overcome delays.
Cement Plants On behalf of the owner, evaluated a piping contractor’s claim associated with increased piping quantities for the construction of a cement plant. Prepared an Expert Report and testified in arbitration.
Cement Plants; Schedule Quality Assurance Services On behalf of the owner, analyzed a $60 million claim from the general contractor related to alleged project delay, increased scope and loss of labor productivity. The project was for the expansion of an existing cement manufacturing plant in Florida and involved the construction of an additional 2800 ton per day production line from raw material handling through bulk material load out. Performed schedule quality assurance reviews of the contractor’s contemporaneous schedules to correctly quantify project delay and disruption from alleged late delivery of owner equipment. Worked closely with the owner to resolve problems contained within the contractor’s contemporaneous schedules such as open-end activities, overuse of constraints, missing original scope, incorrect as-built dates, missing as-built dates, and missing logic links.
Coal/Gas-Fired Conversion to Natural Gas Only Assisted with the preparation of the contractor’s delay claim for late delivery of owner supplied piping and equipment; extensive rework on improperly fabricated superheat panels; unrealistic, overzealous and extra-contractual inspections and QA/QC demands by owner personnel; extensive additional work associated with the electrical scope; late and incomplete submittal of necessary design information; and, excessive changes to design data subsequent to Issue for Construction drawings, particularly for the electrical work.
Cogeneration Power Plants Prepared an entitlement analysis and a preliminary analysis of schedule and damages associated with delays and disruptions experienced by an insulation subcontractor during the construction of a cogeneration project.
Condominium Complex; Condominium Complexes On behalf of the underwriter, evaluated the owner’s property damage claim and delays resulting from heavy rains and flooding on a residential and commercial condominium project.
Condominium Complex; Condominium Complexes On behalf of the insurance company, performed a schedule delay analysis and provided expert testimony in litigation brought by the insured against an underwriter for severe weather-related delays during the construction of a condominium and commercial retail development in Miami Beach. The parties settled the litigation following deposition testimony
Condominium Complex; Condominium Complexes On behalf of the contractor and underwriter, performed an analysis of reduced operating cash flows for a mixed-use building, including $5.1 million in damages claimed by the plaintiffs for alleged loss of profits related to the conversion of the apartment units to an independent living facility.
Condominium Complexes Analyzed a contractor’s claim on a Miami condominium involving disputed scope changes, design omissions and evaluated costs for responsible parties for the contractor’s claim against the owner.
Condominium Complexes Reviewed a subcontractor’s claim for delay and extra work cost against a contractor for a condominium development. Prepared damages related to direct and indirect construction costs.
Contract and Procedures Reviews; Hotels Reviewed and analyzed contracts of various parties involved in the development and operation of a major hotel & residences project located in Ft. Lauderdale. Provided analysis regarding pre-construction duties and obligations.
Fossil Fueled Power Boiler Erection The EPC contractor designed and supplied two 300 MW Circulating Fluidized-Bed (CFB) boilers to replace the oil and gas fired boilers, as well as boiler islands on two units. Engaged to prepare a schedule delay analysis related to a claim filed for an equitable adjustment of the contract price on behalf of the EPC contractor, against the owner. The project team later made a presentation for mediation to the owner on the EPC contractor behalf.
Gas-Fired Heat Recovery Generator On behalf of the piping manufacturer, performed an analysis of the fabrication of piping components as an element of the fabrication and erection of Heat Recovery Steam Generators including the identification of aspects of the delay resulting from the actions of the various parties included in the project. Prepared an Expert Report which led to settlement of the matter.
Housing Provided cost estimate analysis and contract analysis for a single family luxury custom home located on the Florida coast.
Municipal Park Project Defended an owner from a $4.1 million alleged delay and disruption damages claim by a general contractor for the construction of a municipal park project. Evaluated the contractor’s entitlement to costs and delays that the contractor purported to be based on outstanding change orders and unresolved issues related to potential change for conditions and impact. Based on the findings, the contractor’s claims were grossly overstated and unsupported for which the owner received a favorable settlement.
Prisons Prepared a damage and schedule analysis on behalf of a general contractor for a $560,000 claim on a new cafeteria building and dormitory renovation project at a youth detention facility in Okeechobee. Designated as a CPM expert witness for the jury trial and presented preliminary findings at the court ordered mediation which resulted in a successful settlement.
Re-Powering of Power Plant Analyzed delay claims and supporting documentation submitted by the contractor for the manufacture of four Heat Recovery Steam Generators (HRSGs) for the Bartow Repowering Project.
Reclamation Project Prepared a preliminary damage analysis for an electrical subcontractor on the South Cross Bayou Water Reclamation Project in Pinellas County. Designated as an expert witness on the electrical subcontractor’s loss of productivity and extended overhead damages. Claim settled in negotiations after preparation of an Expert Report.
Remediation Project Reviewed and analyzed a contractor’s claim for scope changes and differing conditions encountered on branch creek remediation project.
Roads, Highways & Bridges Analyzed a claim asserted by a general contractor who was engaged in the construction of a cable-stayed bridge main span and high-level approaches across Tampa Bay. Issues included delays caused by late completion of an earlier contract (performed by others), multiple design changes, and resulting delays and cost impacts.
Roads, Highways & Bridges Analyzed claims asserted by two separate (bridge and roadway) general contractors who were engaged in the construction of an interchange of two interstate highways and a toll road located in Broward County, Florida. Issues involved included coordination between the two contractors, earthwork balances, alleged design defects, and the resulting delays and cost impacts.
Roads, Highways & Bridges Performed an analysis of a delay and disruption claim on the engineering and construction of a causeway project located in Tampa.
Roads, Highways & Bridges Prepared a schedule delay analysis for an underground piping subcontractor. Designated as a CPM scheduling expert. Claim settled in negotiations after preparation of an Expert Report.
Roads, Highways & Bridges Prepared a contractor’s baseline and update schedules on the $100 million Palm Beach International Airport Interchange. Preparation of contractor’s claim against owner due to unforeseen conditions, owner delays, and productivity issues.
Schools Analyzed and presented schedule impacts and litigation support services for a public schools district in defense of the general contractor’s claims on four elementary schools.

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Georgia
CPM Schedule Preparation and Updating; Laboratory Buildings Furnished CPM scheduling service for building contractor on the Ft. Gillem Medical Laboratories located in Atlanta.
CPM Schedule Preparation and Updating; Museum Furnished CPM scheduling service for building contractor on the High Museum of Art expansion project located in Atlanta.
Convention Centers Reviewed multiple trade contractor claims against the contractor on a convention center and performed productivity analysis, schedule analysis, and cost analysis to determine reasonableness and entitlement. Trade contractors analyzed included: demolition, drywall, structural steel, mechanical and electrical.
Convention Centers Provided claims analysis in support of the contractor’s $30 million claim against owner caused by design deficiencies resulting in delay and disruption on a world class convention center in Atlanta.
Criminal Laboratory Performed an analysis of a mechanical contractor’s claim for disputed changes in scope, delays, and resequencing associated with the design of a criminal lab facility.
Fire Stations Evaluated Expert Reports provided by consultants regarding “sick building” conditions of five county fire department/sheriff department facilities. Prepared Expert Reports regarding quality of construction issues and performed site investigations to identify and investigate alleged deficiencies in construction methods and materials. Designated as a construction expert witness.
Food Processing Plant; Food Processing Plants Prepared cost estimates to support a $5 million insurance claim for food processing building and equipment losses resulting from fire, and provided project management of building stability and safety for examination and documentation of conditions resulting from fire and fire explosion damage. Supported the preparation of detailed CPM schedule analyses. Designated as a construction cost expert in support of the insured’s claim.
Food Processing Plants Performed a $20 million estimate to support a claim for the as-built building cost and replacement cost value resulting from a total loss fire at a poultry processing facility.
Medical Buildings Provided expert testimony regarding entitlement and damages through detailed cost comparison and analysis of as-priced and as-designed construction documents in support of contractor’s claim for unforeseen added project costs on a comprehensive critical care center located on Skidaway Island.
Medical Buildings Prepared change order requests and general site supervision on an out-patient/MRI medical clinic in Austell.
Mixed-Use & Retail On behalf of the insurance company, performed an analysis of a contractor’s claim for costs associated with repairs to damage resulting from a tower crane jacking failure on a mixed use development project in Atlanta. Prepared detailed analyses and reports to identify reasonableness of costs claimed in preparation of negotiation and settlement between the insurers, insured, and the insured’s contractor.
Mixed-Use & Retail Reviewed and performed delay and cost analysis services for a mixed use and retail development project in Roswell. Prepared detailed schedule, damages, and delay analysis in preparation of litigation and support for trial.
Other Government Buildings Prepared a damage analysis on behalf of a municipality authority for a $1.0 million claim against the designer on a new riverquarium and omniplex project facility in the Southeastern U.S. Provided Expert Report supplements leading to the successful settlement of the case prior to State District Court trial. Supplemental reports were also utilized in the successful settlement of a secondary settlement of claims against the structural engineer.
Storage Facilities Prepared change order requests and general site supervision on various tilt-up concrete warehouse/office build outs in Atlanta.
Tunnels Analyzed a pipe tunneling contractor’s claim for extended equipment cost and prepared evaluation and cost related damages on a delay and disruption claim.

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Kentucky
Cogeneration Power Plants LI292
Gas-Fired Power Plants Testified regarding damages on behalf of a HRSG manufacturer on a gas-fired power plant project. Analysis work and testimony related to the independent analysis and rebuttal of significant cost overruns alleged by the prime contractor for schedule delays and changes.
Wastewater Treatment Plants The project involved the expansion and redevelopment of an existing wastewater treatment plant while maintaining service and operation of existing plant. Provided contract and claims support to the EPC contractor joint venture to ensure recovery of owner caused impacts throughout the construction process. This involved weekly contract support during construction as well as claims preparation including delay and disruption analysis and entitlement to damages.

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Louisiana
Chemical Plants On behalf of the owner, performed an analysis of entitlement, schedule delay and damages related to a contractor’s $12 million claim against a major international chemical company associated with the construction of two process units in an existing chemical plant. The initial EPC contractor was terminated, and sought recovery of its cost overruns as a result of field change orders. The owner alleged that the work was defective as a result of engineering errors, field installation errors, and welding defects.
Chemical Plants Provided construction claims consulting services, claims analysis, and change order reviews related to a methanol plant construction project. Reviewed the EPC contractor’s contract and the EPC contractor’s unresolved claims and change order requests to develop more complete descriptions of the claim issues, evaluate the merits of the claims, and prepare a summary of the claim documentation to support client's settlement discussions with the EPC contractor.
Chemical Plants On behalf of the contractor, performed an analysis of an EPC contractor’s change order and delay claims on a chemical plant project.
Chemical Storage Facility On behalf of the operator of a chemical storage facility, evaluated a claim associated with delays and cost overruns caused by scope changes and hurricane impacts. Operator alleged that the cost of the facility significantly increased as a result of owner-caused changes and impacts from Hurricanes Katrina and Rita, and that the owner agreed to compensate the operator for the Hurricane impacts. The owner alleged that the operator mismanaged the project, and that the delays and cost increases were primarily caused by other problems not related to the hurricanes.
Combined Cycle Power Plants Performed an analysis of a contractor’s $9 million delay and disruption claim against the owner of 4x2 combined cycle power plant in Eunice. The scope of the work included a detailed CPM Schedule analysis to determine delay and acceleration responsibility.
Dams Prepared schedule delay and damages analyses and an Expert Report on behalf of the electrical subcontractor on claims against the general contractor on two Corps of Engineers lock and dam projects on the Red River.
Electrical Transmission Lines On behalf of the power company, performed an analysis of labor productivity costs associated with repair of damaged electrical transmission lines following Hurricane Rita.
Gulf of Mexico; Offshore Oil & Gas Production Facility On behalf of the paint manufacturer, prepared an Expert Report refuting the EPC contractor’s claim for delay and disruption allegedly resulting from work associated with removal of lead-containing paint from the process plant modules and platforms of an offshore oil production facility installed in the Gulf of Mexico. Case settled prior to trial. This project also involved the defense against the owner’s delay claim for recovery of lost profits due to the delay to the achievement of First Oil allegedly caused by the lead abatement program. Presented an Expert Report demonstrating that the project would have been delayed because of concurrent delay by the EPC contractor, and testified in deposition, resulting in a successful settlement of the dispute.
Heat Recovery Steam Generation On behalf of the manufacturer of the heat recovery steam generators, performed an analysis of a contractor’s claim for delay, acceleration, scope of work changes, and loss of productivity on the installation of three waste heat recovery steam generators.
Nuclear Power Plants On behalf of the owner, provided litigation support of a nuclear power plant project involving assessment of cost overruns, delays, inadequate QA/QC documentation, and defective electrical and instrumentation installations.
Offshore Gas Compression and Wellhead Platforms On behalf of a major U.S. oil company, performed an analysis and provided deposition testimony regarding a claim against a contractor for $29 million in improper charges on a reimbursable contract for the fabrication of one offshore gas compression platform and two wellhead platforms.
Oil Terminal Project; Oil Terminal Projects On behalf of the insurer representing the contractor, prepared an Expert Report and provided testimony regarding the analysis of an owner’s property damage claim following a fire at an oil terminal which damaged the tank areas, including associated equipment, piping, electrical and instrumentation. Also evaluated the validity of the owner’s warranty claims that existed prior to the fire and included in the owner’s alleged damages. Prepared an Expert Report and testified in deposition, which led to a settlement of the dispute.
Pipeline and Compressor Station Projects On behalf of the owner, performed an assessment of the 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.
Pipelines On behalf of the owner, evaluated delays to the installation of a natural gas pipeline project caused by weather delays, defective pipe, and poor performance by the pipeline contractor.

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North Carolina
Office Buildings On behalf of the contractor, provided claim preparation services on a Federal Reserve Bank project, including entitlement analysis, preparation of a detailed as-built but-for CPM schedule analysis to determine responsibility for delay time and damages.

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South Carolina
Contract and Procedures Reviews; Chemical Plants Reviewed the owner’s contract for the engineering, procurement, and construction of a chemical plant. Recommended changes to project management, scheduling, and project controls provisions to improve the owner’s visibility into the progress reporting on the project. Provided a Claims Prevention Seminar.
Dams Prepared entitlement and damage analyses for a hydroelectric pumped storage facility. Performed financial analyses and wrote Expert Reports.
Polyester Chip Facility Assisted EPC contractor with $10 million claim against 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 manufacture of plastic soda bottles.
Roads, Highways & Bridges Prepared claim analysis on a SC DOT project regarding delays and cost claim associated with equipment charges.

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Tennessee
Chemical Plants On behalf of the owner, analyzed a claim for delays and cost overruns against the engineering, procurement, and construction contractor of a polyol chemical plant project.
Chemical Plants; Contract and Procedures Reviews Reviewed Contracts, Policies, and Procedures related to Project Controls, Change Order Management, and Scheduling Requirements for a major U.S. Chemical Company. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.
Chemical Plants; Training Seminars Provided Claims Prevention Training Seminar for Project Management, Contract Administration, and Legal Personnel of a major US oil company building a new chemical plant.
Coal-Fired Power Plants On behalf of the mechanical contractor, performed an analysis of an $11 million claim against an engineering and construction contractor involving the installation of new pollution control equipment on a power plant project.
Libraries On behalf of the 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.
Post Office Buildings Testified for a mechanical subcontractor on a Postal Service automated mail handling system. Testimony concerned the independent analysis and defense of claims alleged by the prime contractor against the subcontractor, and preparation of subcontractor claims against the prime for delays and scope changes. Work involved a retrospective schedule delay analysis, quantification and causation of cost growth, a scope change analysis, preparation of an Expert Report, and expert testimony.

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Virginia
Apartment Buildings Evaluated project delay and impact, analysis of resources and productivity and quantification of damages for the owner of a high rise apartment complex in Arlington.
CPM Schedule Preparation and Updating; Coal-Fired Power Plants Developed the detailed schedule and project control system for a 2x400 MW coal fueled power plant. Created and maintained an accounting and reporting system to track the financial participation of four consortium partners.
Chemical Plants; Training Seminars Provided Claims Prevention Training Seminar for Project Management and Contract Administration Personnel of a major US chemical company on new boiler addition to an existing chemical plant. Reviewed contract and procedures proposed to be used for the project and recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.
Food Processing Plants Reviewed and analyzed both approved and pending change order costs by a construction manager, for entitlement and reasonability to assist the owner of a food processing facility in Smithfield.
Microchip Facilities On behalf of the construction manager, performed an analysis of a mechanical contractor’s contract and quantum meruit claim for disputed changes in scope, delays, and loss of productivity on the installation of piping systems on a computer microchip manufacturing facility. Presented testimony in arbitration.
Other Government Buildings Provided analysis and review of multiple cost claims submitted by the contractor, due to finalization of construction documents, and then erroneously approved by an owner’s construction manager on a patent & trade office.
Sewer On behalf of the contractor, prepared an Expert Report in response to the Sewer Authority's estimate of potential costs of completing work items that were alleged to be incomplete or defective.
Sewer On behalf of the contractor, prepared a response to the Sewer Authority’s estimate of potential costs of completing work items that were alleged to be incomplete or defective.
Wastewater Treatment Plants Evaluated entitlement and prepared damage analyses for the general contractor on a $120 million water treatment reclamation facility regarding concrete cost overruns, and prepared weather impact study to be used in trial. Performed analysis of mechanical subcontractor’s loss of productivity and prepared general contractor’s extended overhead damages resulting from interference by other parties.

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West Virginia
Chemical Plants Retained by the owner of a surfactants expansion project to defend a claim by the electrical contractor for increased costs and loss of productivity. Evaluated standard of care, schedule, causation, labor productivity (including loss productivity due to changes), and damages.
Coal-Fired Power Plants Provided schedule delay, loss of productivity, extra work, and damages testimony in State Court of West Virginia regarding a $3 million claim on a $100 million Waste Coal Power Plant. The testimony resulted in a jury award slightly greater than client’s settlement offer.
Hydroelectric Power Plants Provided entitlement analysis and evaluation for back charges, for a contractor, related to the supply of equipment for a hydroelectric power plant.

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Southwest
Arizona
CPM Schedule Preparation and Updating; Coal-Fired Power Plants Prepared the detailed schedule for a 500 MW coal-fueled power plant.
Ethanol Plant On behalf of the design firm, evaluated the technical validity and associated damages associated with alleged defective engineering and equipment design for the Pinal Energy Ethanol Plant Project.
Nuclear Power Plants Performed a prudency audit of a large nuclear power plant including the evaluation of the justification and causes for scope and cost growth as well as the origin, components and reasonableness of $1.3 billion of start-up and commissioning cost overruns.
Roads, Highways & Bridges Assisted a general contractor in formulating a strategy to develop a claim against the Arizona Department of Transportation arising from the construction of a new four-lane highway bridge located in a mountainous region. Both approaches to the bridge were characterized by “side-hill” cuts.
Training Seminars; Mineral Processing Plants Provided Claims Prevention Training Seminars for a Mineral Processing Engineering firm in Denver, Tucson, and Mexico City. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

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New Mexico
Dams Prepared a detailed as-planned and as-built schedule analyses for the contractor on an earth-filled dam project in New Mexico. Participated in negotiations between the contractor and the U.S. Bureau of Reclamation that resulted in a $55 million settlement for the contractor.
Wastewater Treatment Plants Performed an analysis of a contractor’s claims against the owners of wastewater treatment plant projects. Issues involved include delay, changes, defective specifications, and loss of productivity.

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Oklahoma
Pipelines Evaluated pipe welding problems and the documentation of increased costs associated with rework, extra work, labor inefficiency and extended site overhead costs on a pipeline project in Oklahoma.

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Texas
CO2 Recovery Process Plants Prepared damages and schedule analyses in support of the owner’s defense against a contractor’s $5 million delay and disruption claim on a fast-track CO2 recovery process plant facility.
Cement Plants On behalf of the owner, evaluated labor productivity issues and increased costs associated with the construction of a cement plant under a reimbursable contract. Prepared an Expert Report, which facilitated settlement of the dispute.
Cement Plants Assisted the supplier of proprietary equipment in defending against $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 with client liable for only a portion of disputed extra work.
Cement Plants Prepared a detailed evaluation of project costs and schedule, and prepared requests for equitable adjustment against the owner and an equipment supplier relative to the design, procurement, construction and start-up of a cement manufacturing facility. Also provided expert testimony (in arbitration) related to defective design, late and out-of-sequence deliveries, extra work, disruptions to the work, and delayed completion of construction.
Chemical Plants On behalf of the owner, reviewed a claim involving disputed change orders and extra work by a contractor against a chemical company of an EVS/CVS upgrade project.
Chemical Plants Reviewed and evaluated a contractor’s request for loss of labor productivity labor costs associated with RFIs and change orders, a time extension and additional compensation related to the revamp of piping systems for a styrene chemical plant. Completed an evaluation of entitlement, prepared a time impact schedule analysis, assessed the contractor’s loss of productivity, and developed an assessment of compensable damages. Also provided expert testimony (at deposition) on behalf of the contractor relative to the analyses performed and related findings and opinions.
Chemical Plants On behalf of the owner, performed an analysis of its $19 million claim for change orders, delay, and disruption on an EPC project involving a MDI chemical plant. The issues also included interpretation of whether the contract was reimbursable or unit rate/lump sum price.
Chemical Plants; Training Seminars Provided a claims prevention training seminar for a chemical company and its EPCM contractor on a $800 million methanol project
Coal-Fired Power Plants Retained by a Texas utility and power company to evaluate contract terms and conditions, and to participate in an evaluation and risk analysis of a contractor’s technical and commercial proposals for construction of a multi-million dollar bag house retrofit project for a coal-fired power plant. Work also included a review of the contractor’s cost estimate and trade-offs between acceptable financial risks and contract incentives.
Combined Cycle Power Plants Performed an analysis of a contractor’s $22 million delay and disruption claim against the owner of 3x1 combined cycle power plant in Baytown. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.
Combined Cycle Power Plants Performed an analysis of a contractor’s $8 million delay and disruption claim against the owner of 4x2 combined cycle power plant in Fairfield. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.
Contract and Procedures Reviews; Chemical Plants Reviewed owner’s contracting strategy and risks associated with the engineering, procurement, and construction of several major chemical plant projects.
Contract and Procedures Reviews; Offshore Oil & Gas Production Facility On behalf of a major oil company, reviewed its ITB package for preparation of the FEED for the design of the Topsides facilities for an offshore deep-sea oil & gas production platform. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.
Contract and Procedures Reviews; Petrochemical Plants On behalf of a major international chemical company, analyzed its contract documents and specifications for engineering, procurement, and construction of chemical plants worldwide. Recommended clauses to resolve the potential inconsistencies, ambiguities, and conflicts. Prepared clauses for the cost and schedule control procedures. Provided a Claims Prevention Seminar.
Contract and Procedures Reviews; Schedule Quality Assurance Services; Floating Production, Storage and Off-loading Facilities Schedule Quality Assurance Review. Review and critique of Consortium Partner's detailed fabrication schedules, ascertained the schedule’s suitability to be used as a tool to analyze concurrent delays by maintaining CPM schedule logic to properly understand the Client's, and the Consortium Partner's liability for delay, disruption, and impact damages, and any relationship between proceeding activities being the responsibility other Parties. Provided guidance on “best practice” recommendations for on-site schedule control, progress reporting, schedule development, and labor productivity. Recommended suitable effective documentation and record keeping to aid in the support or defense of possible future claims and integration of schedule activities with available cost details to accurately establish the cause and effect relationship between problems, issues, events, schedule impacts, productivity losses and cost overruns and/or the need for acceleration/mitigation recovery counter measures.
Floating Offshore Oil Production Platform Provided deposition testimony on loss of productivity, extra work, and damages claims of $6.5 million on the erection of a Floating Offshore Oil Production Platform. The case was settled in mediation prior to trial.
Gulf of Mexico; Offshore Oil & Gas Production Facility Performed an analysis in support of an owner’s claim against an international EPC contractor’s performance, delays, and $100 million cost overrun regarding a Spar production facility that was fabricated in Finland for installation in the Gulf of Mexico. Issues involve material delays, welding rework, quadrupling of labor man-hours, wet mating of hard and soft tank/truss, delay, liquidated damages, conversion of contract issues, and related damages.
Gulf of Mexico; Offshore Oil & Gas Production Facility On behalf of the paint manufacturer, prepared an Expert Report refuting the EPC contractor’s claim for delay and disruption allegedly resulting from work associated with removal of lead-containing paint from the process plant modules and platforms of an offshore oil production facility installed in the Gulf of Mexico. Case settled prior to trial. This project also involved the defense against the owner’s delay claim for recovery of lost profits due to the delay to the achievement of First Oil allegedly caused by the lead abatement program. Presented an Expert Report demonstrating that the project would have been delayed because of concurrent delay by the EPC contractor, and testified in deposition, resulting in a successful settlement of the dispute.
Gulf of Mexico; Undersea Pipelines On behalf of the owner, performed an analysis of a claim associated with the placement of undersea oil & gas pipelines in the Gulf of Mexico. Prepared an Expert Report regarding technical issues of entitlement for cost overrun issues and substantiation of the accounting records to support the costs associated with the claim. Testified in arbitration.
Hospital; Hospitals The hospital facility was badly damaged during a major hurricane storm. Provided full insurance claim review services working with claim adjusters to assess and review actual damage and required construction repair services. This involved a full construction assessment of building, services, and medical equipment damages including time/costs and rectification budget for repair and/or total replacement of facility.
Hospitals Performed schedule delay analysis, damages analysis and prepared an Expert Report for the electrical and mechanical subcontractors on the Dallas VA Hospital project. Two claim documents were submitted as part of the general contractor’s overall omnibus claim to the VA.
Nuclear Power Plants Assessed the management performance and analyzed cost overruns on the South Texas Nuclear Project. Presented testimony in the prudency hearings conducted by the Texas Utility Commission.
Office Buildings Provided litigation support for the construction cost overruns and delays for several commercial building projects including a luxury hotel and a major office building.
Offshore Drilling Rig On behalf of the owner, performed an analysis of contractual responsibilities for cost overruns and delays on the fabrication of components of an offshore drilling rig.
Offshore Gas Production Platform and Onshore Gas Plant; Contract and Procedures Reviews Reviewed typical contracts, cost and schedule control procedures used by an offshore oil & gas contractor to identify language that could be improved to reduce risks, identify ambiguities, and mitigate the potential for claims.
Offshore Oil & Gas Production Facility Defended oil & gas producer against an $8 million claim from an EPC contractor and shipyard for additional costs alleged to have arisen as a result of significant increase in scope and project delay.  Analysis revealed that defendant had failed to properly consider nearly $8 million in paid extra work.  Claim was settled in mediation.
Offshore Oil & Gas Production Facility On behalf of the owner, performed an analysis of an $85 million change order and delay claim regarding an offshore Compliant Piled Tower constructed in Texas and topsides facilities fabricated in South Korea for installation offshore Angola.
Offshore Oil & Gas Production Facility On behalf of the owner, performed an analysis of a mechanical contractor’s $7 million marine lien delay and disruption claim against a major oil company on an offshore oil production project. The claim involved the value of equipment, piping, and structural installations on two refurbished rigs.
Offshore Oil & Gas Production Facility; Contract and Procedures Reviews Reviewed Engineering Work Processes used by a major engineering company and a major oil company associated with the design of offshore oil & gas production facilities. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.
Paper Plants Performed an analysis of a contractor’s cost claim for unforeseen conditions for the owner of a paper manufacturing facility.
Petrochemical Plants On behalf of the owner, performed an analysis of a $500 million property damage and business interruption claim resulting from fire damage to a petrochemical plant. Costs estimates for the property damage claim and schedule analyses were prepared considering acceleration, betterments, upgrades, and non-rebuilt facilities.
Petrochemical Plants On behalf of the EPC contractor, performed an analysis of delays and time extension entitlement on a $75 million claim by the mechanical subcontractor involving the procurement materials and installation of process plant equipment and piping on a major petrochemical plant.
Pipelines Provided construction claims analysis services related to a major gas pipeline project. Prepared an Expert Report concerning evaluations, analyses, findings, and opinions regarding the claims filed by the contractor against the pipeline owner. Prepared a Rebuttal Report critiquing the opposing expert's report submitted on behalf of the contractor.
Pipelines Prepared a cost estimate and schedule for the engineering, procurement, and construction of an artificial island, marine off-loading facilities, sub-sea pipeline, 1,500 miles of 30-inch land pipeline, pumping stations, a communications system, a terminal, and storage facilities for a proposed pipeline project.
Prisons Prepared an electrical subcontractor’s claim for delays, extra work, and loss of productivity on the installation of fire alarm, security, and communications systems for the Federal Bureau of Prisons Project in Beaumont. The contractor’s increased costs resulted from delays, changes, field work orders, rework, loss of productivity, and acceleration to the Division 17 installation work. Prepared an Expert Report and assisted counsel in the defense of the opposing expert’s deposition, which resulted in a successful settlement of the dispute.
Refineries On behalf of the manufacturer of the pressure vessels, performed an analysis of the scheduling issues, delay claims, and damages incurred by the contractor on an oil refinery project. Evaluated the contractor’s failure to properly/fully compensate the pressure vessel manufacturer for two pressure vessels that were fabricated and supplied to the project. Also evaluated the contractor’s disruption claims and the contractor’s performance and productivity and its claim for the repair of alleged faulty work related to the internals of the pressure vessels that were provided by our client.
Refineries On behalf of the EPC contractor, performed an analysis of change order, delay and disruption claims involving a ultra low-sulfur diesel Unicracker project at a refinery.
Refineries On behalf of the manufacturer, performed an analysis and an Expert Report regarding design defects that allegedly caused a failure of welds attaching the diplegs to the cyclone body in an FCC regenerator.
Refineries On behalf of the owner, evaluated a claim for the recovery of costs, lost profits, and other asserted monetary damages allegedly incurred from furnishing ash materials to a major refinery expansion in Texas. Prepared an Expert Report and testified in deposition, which led to a successful settlement of the dispute.
Risk Analysis; Chemical Plants Reviewed change orders, schedule delays, and pending disputes between a major U.S. chemical company and its mechanical contractor on a methanol plant in Texas. Advised client as to its exposure regarding the technical issues involved in these issues for purpose of settlement negotiations.
Schedule Quality Assurance Services; Chemical Plants On behalf of the owner, performed a schedule quality assurance review of the EPCM contractor’s EPC schedule on a new methanol plant.
Schedule Quality Assurance Services; Gas-Fired Power Plants Provided dispute resolution services to a general contractor in support of $50 million of impacts against a turbine/generator manufacturer on a new power plant project. Worked directly with the general contractor’s field and office staff to research contemporaneous project records in support of project issues and impacts. Analyzed the delays stemming from hundreds of late change orders, late and inadequate responses to RFIs, wet and muddy conditions, filter house fire, and late and incomplete delivery of materials and equipment by the turbine/generator manufacturer. Utilized retrospective CPM schedule delay analysis methodology to successfully demonstrate and quantify impacts to the critical path for a 2,500 activity schedule. Applied retrospective CPM schedule delay analysis methodology to correctly calculate entitled time extension as well as prove constructive project acceleration. An amicable settlement for the contractor was achieved. Performed schedule quality assurance reviews of the contractor’s contemporaneous schedules to correctly quantify project delay and disruption. Worked closely with the contractor to resolve problems contained within its contemporaneous schedules such as open-end activities, overuse of constraints, unexplained suspension periods on activities, incorrect as-built dates, missing as-built dates, and missing logic links.
Training Seminars Provided Graduate Course Instruction in Claims Prevention for the University of Houston.

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West
Alaska
Gas-Fired Power Plant and Heat Recovery Steam Generator On behalf of the owner, performed an analysis of 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 heat recovery steam generator 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.
Hospitals Provided scheduling and dispute resolution services for an electrical subcontractor on the Alaska Native Medical Center in Anchorage. Furnished CPM schedule assistance to onsite project management team for the completion of remaining electrical work. Assembled productivity data based on certified payroll information in order to demonstrate productivity loss due to project problems. Assisted the general contractor in CPM schedule delay analysis to demonstrate cause/effect impacts caused by the third party agency. Evaluated and quantified the impacts from over a 1,000 late RFIs, hundreds of design changes, winter weather impacts, and impacts from other contractors. Assisted in the development of a $5 million claim for the recovery of schedule delays and increased costs caused by numerous design problems.
Offshore Oil & Gas Production Facility On behalf of the government, evaluated the merits of a $2 billion tax petition relative to the dismantlement of oil production and related facilities on the North Slope. The evaluation included a review and critique of the overall dismantlement, removal and restoration plan, estimated quantities of work, labor and equipment costs, logistics and transportation, disposal of scrap and salvaged materials, and the dismantlement schedule.
Refineries On behalf of the owner, performed an analysis of a large engineering and construction firm’s claims for cost overruns and delays associated with the lump sum construction of hydrocarbon production and process modules for the Kuparuk project.
Wastewater Treatment Plants Performed an analysis of a contractor’s claims against the owners of wastewater treatment plant projects. Issues involved include delay, changes, defective specifications, and loss of productivity.

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California
Airports On behalf of the general contractor, provided claim preparation, schedule and damage analyses, and litigation support services for the $100 million John Wayne Airport expansion project. Prepared detailed as-planned and as-built schedule analyses.
Apartment Buildings Presented expert witness testimony for the electrical subcontractor regarding reasonableness of their estimating methodology and construction means and methods used on an apartment building project in San Diego.
Biomass Power Plant On behalf of the bank who provided funding for the projects, performed an analysis of operating performance problems and cost overruns for the lending bank on a cattle manure-fueled power plant and several agricultural waste-fueled power plants.
CPM Schedule Preparation and Updating; Airports 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.
CPM Schedule Preparation and Updating; Combined Cycle Power Plants On behalf of the owner, furnished CPM scheduling services for a 2x1 combined cycle power plant in San Jose.
CPM Schedule Preparation and Updating; Hospitals Assisted the Sutter Health Corporation in developing a detailed template schedule that addressed a typical project’s scope of work, starting from project inception, through design, construction, occupancy and close-out. This schedule was used as part of the foundation for Sutter Health’s Enterprise Project Management System (EPMS) that was implemented to support a $4.5 billion projected capital expenditure in healthcare projects.
CPM Schedule Preparation and Updating; Other Government Buildings Provided CPM scheduling using Primavera on the $13 million San Marcos Town Center project in San Diego. This project included 2,700 LF of box culvert, a CIP bridge structure, grading, paving, traffic control, and the relocation of utilities including fiber optics. The contractor also relocated railroad tracks with ballast to accommodate construction.
CPM Schedule Preparation and Updating; Roads, Highways & Bridges Provided CPM scheduling on the Molton section of the $800 million San Joaquin Hills Transportation Corridor project in Irvine. This project had over 100 new CIP bridge structures, miles of driven piles, retaining walls, and storm drains, in addition to over 1 million CY of cut/fill earthwork. The Molton Section “Working Schedule” included 1,544 activities.
Combined Cycle Power Plants Developed contractor’s $21 million delay and disruption claim against the owner of 4x2 combine cycle power plant in Romoland. The scope of work included a detailed CPM Schedule analysis to determine delay and acceleration responsibility.
Contract and Procedures Reviews; Light Rail Provided Project Management Oversight for the Long Beach-LA Light Rail Transit Project in Los Angeles. Worked on the review, definition, creation and implementation of project control policies, procedures, systems, methods, reporting, data acquisition and organizational interfaces.
Cost Estimate Reviews; Libraries Prepared detailed cost evaluations of municipal library prototype designs for a California municipality.
Electrical Transmission Lines The project centered on the installation of a 230 kV transmission line: 24 miles underground and 3.5 miles overhead, through an extremely diverse and environmentally sensitive and challenged series of districts. The major infrastructure subcontractor alleged major delay and disruption impacts caused by the main contractor. Engaged to provide claim support services to the main contractor against the subcontractor’s claims. A defense position paper was prepared involving CPM analysis, disruption analysis, and contract entitlement to rebut the subcontractor’s Expert Report which ultimately resulted in mediation proceedings and a series of settlement negotiations. Also claims avoidance training and lessons learned reviews were given to the main contractor construction team to facilitate improved management of future similar projects.
Gas Plants On behalf of the EPC contractor, provided claims analysis, entitlement analysis, schedule analysis and assessment of $20 million in cost overruns on a lump sum, fast-track gas processing plant project. Issues included defective specifications, changes, and delays.
Gas-Fired Power Plants Performed an analysis of contractor’s $0.9 million delay and disruption claim against the owner of 1x1 peaker power plant in Yuba City. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.
Geothermal Power Plants Provided damages and schedule analysis and claims assistance for the electrical and instrumentation contractor on a geothermal power plant project.
Geothermal Power Plants Performed schedule delay and damages analysis, prepared Expert Reports, and presented testimony in deposition for the design/build turnkey contractor in claims against the owner on two geothermal power plant projects in the Salton Sea area.
Heat Recovery Steam Generation Performed an analysis of the HRSG manufacturer’s responsibility and liability for delays, scope of work changes related to increased piping quantities, and back charges from the general contractor on the installation of four waste heat recovery steam generators.
Heavy Rail Priced and negotiated change orders for the Bay Area Rapid Transit District on a $65 million train control contract. Evaluated entitlement, prepared schedule analyses, wrote findings of fact, and negotiated change orders.
Hospitals Provided dispute resolution services on a $100 million Stanford University Hospital Modernization Project in Palo Alto. Performed document discovery and reviewed 200,000 project documents. Utilized R:Base to create a 40,000-row document database and cost allocation model. Developed a job cost/variance model used in computing compensable client damages. Determined the validity and entitlement for $6 million outstanding change orders. Assisted in the development of graphic work products for mediation and assisted in the successful mediated settlement of all outstanding claim issues.
Hospitals On behalf of the 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, and the dispute was settled in mediation.
Hospitals Provided litigation support services on the $75 million Kaiser Hospital complex in Riverside, California. Performed detailed quantity take-offs for earthwork, concrete foundations structures and slabs, metal deck, drywall, chemical fireproofing, marblecrete, glass curtain walls, and storefront. Created a 900 activity as-bid CPM schedule to determine a reasonable project schedule. Developed a 1,100 activity as-built CPM schedule and analyzed actual manpower distribution to evaluate lost productivity issues.
Hospitals On behalf of the owner, provided an analysis of delay claims on the renovation of a hospital project in Oakland.
Landfill As a neutral, third-party, analyzed and evaluated a contractor’s claim relative to entitlement, costs, and compensable damages associated with the completion of a landfill remediation project. Facilitated settlement and the successful resolution of the claim.
Office Buildings Performed schedule delay analysis, prepared an Expert Report, and presented testimony for the architect/engineer on a high-rise commercial building in Westwood.
Other Government Buildings On behalf of the public owner, performed entitlement analysis, damage evaluation and negotiation of change orders related to the construction of a civic center complex which included a library, jail, fire station, and city hall.
Pipelines Evaluated a contractor’s claim for environmental and permitting delays, disruption to work activities, changes in scope, and changes in alignment associated with the construction of 70 miles of 20-inch diameter pipeline. The assignment also included the identification and systematic evaluation of major engineering and construction problems and their cause/effect relationship on cost overruns and schedule impacts.
Pipelines Prepared a cost estimate and schedule for the engineering, procurement, and construction of an artificial island, marine off-loading facilities, sub-sea pipeline, 1,500 miles of 30-inch land pipeline, pumping stations, a communications system, a terminal, and storage facilities for a proposed pipeline project.
Power Supplier/EPC Contractor The executive management of this EPC contractor desired to make its project financial forecasting more robust after suffering a number of project write downs. Having verified that this was more than an accounting exercise, the EPC contractor wanted an independent third party to evaluate its bidding and execution practices, benchmark them against industry practices, and develop an integrated project risk management/project governance system that executive management could rely upon. Engaged to evaluate the written procedures and practices of each of the four divisions against industry practices. After the steps required to make those procedures and practices more robust were defined, the team worked with the client to revise the procedures and adjust its practices to make the output of the bidding and execution processes more reliable and transparent to management. This work also involved developing a client custom project governance program to identify high-risk bids and projects during execution and define the tools/staff needed to address these high risk situations.
Prisons Analyzed detailed as-planned and as-built schedules for two state prison projects and a city prison project.
Project Performance Reviews; Heavy Rail Performed financial and schedule audits for the Los Angeles County Transportation Commission on metro subway projects. Reviewed project budgets, contractor schedules, construction manager monthly progress reports, and advised the County of potential cost overruns, schedule delays and reporting deficiencies.
Project Performance Reviews; Office Buildings Enlisted by the Tokai Bank, the project’s lender, to independently conduct monthly evaluations of the construction progress on a 32-story corporate headquarters office complex located in Glendale and valued at $132 million. Completed monthly site inspections. Reviewed architect’s and contractor’s monthly progress billings. Prepared a monthly report to bank officers that offered a comparative analysis of reported versus observed progress status for each major pay item.
Refineries On behalf of the EPC contractor, performed claims analysis, damages assessment, and delay evaluations on a $250 million refinery expansion project involving $20 million in damages. The primary issues included bid error, loss of labor productivity, delay and acceleration.
Sludge Facility Peer review of an analysis of a contractor’s right to recover damages for delay to early completion on an Activated Sludge Facility sanitation project in California.
Training Seminars; Offshore Oil & Gas Production Facility Provided Claims Prevention Training Seminar for Project Management, Contract Administration, and Legal Personnel of a major U.S. oil company.
Tunnels Performed schedule delay analysis, prepared an Expert Report, and presented testimony at a DRB hearing on behalf of the general contractor in a claim for a compensable time extension and related damages against the owner on a tunneling project.
Tunnels Performed quality control and reasonableness review of a schedule delay analysis for a tunnel-boring contract on the Los Angeles metro subway project.
Tunnels On behalf of the contractor, analyzed schedule delays in a $70 million dispute resulting from the construction of subway tunnels which were delayed by over two years. Responsible for identifying and apportioning delays.
Universities Prepared and analyzed detailed as-planned and as-built schedules to assist the owner defend against contractor claims on a university dormitory project in Riverside.
Wharf Evaluated entitlements and prepared the claim analyses for the contractor for a U.S. Coast Guard wharf at the Port of Los Angeles. Analyzed entitlement issues and wrote Expert Reports.

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Colorado
Served as a sole arbitrator in a dispute between a prime (general) contractor and a grading subcontractor who were engaged in the construction of a highway project located near Dillon, Colorado. The issue involved was the subcontractor’s alleged abandonment of the contract and the value of the work subsequently taken over by the prime contractor.
Airports Provided contract administration, schedule development, schedule delay and damages analysis, and claim preparation services for several contractors on the construction of buildings and facilities at the new Denver International Airport.
Airports Performed schedule delay and damages analysis and prepared the claim document for the electrical subcontractor on the glycol recovery project at Denver International Airport. The claim was prepared as a pass-through claim to be submitted through the general contractor’s surety to the project owner.
Apartment Buildings On behalf of a drywall and painting subcontractor, provided analysis and quantification of schedule delay, labor productivity loss, and other damage resulting from change orders on a commercial facility in Colorado. Prepared and submitted an Expert Report. Parties settled prior to arbitration.
Apartment Buildings Prepared a claim on behalf of a local contractor for delays, impacts, and cost overruns experienced during construction of a multiunit apartment complex.
Apartment Buildings Prepared a contractor’s claims for delays, impacts, and cost overruns experienced during construction of a multi-unit apartment complex.
CPM Schedule Preparation and Updating; Church Prepared a contractor’s baseline schedule and schedule updates for the construction of a $5 million church and related site work.
Chemical Plants Prepared an owner’s claim against an engineering & construction management firm which was terminated for default for defective design work, delays, and cost overruns on a guaranteed maximum price contract to build a commercial-scale chemical plant scaled up from a pilot plant test facility.
Condensate Plant Performed an analysis of an owner’s errors and omissions claim against the design contractor on a condensate plant project.
Condominium Complexes Prepared a claim involving total cost reconstruction and damages analysis for a resort condominium complex.
Condominium Complexes Damages expert for a material manufacturer vs. a general contractor, regarding alleged defects and repair costs on a large condominium construction project. The engagement comprised the evaluation and rebuttal of the plaintiff’s costs and damage allocations to the parties, the preparation of alternative damages quantifications based upon several different causation and entitlement theories, and expert testimony.
Condominium Complexes Performed schedule delay analysis, damages analysis and prepared Expert Reports for the mechanical subcontractor on claims against the general contractors and owners on two condominium projects in Winter Park and Avon.
Contract and Procedures Reviews; Roads, Highways & Bridges Assisted an owner's construction manager in the analysis of schedule delay and productivity loss claims submitted by a design-build contractor for the engineering and construction of a roadway project in Colorado. Parties settled prior to arbitration.
Contract and Procedures Reviews; Wastewater Treatment Plants On behalf of the contractor, developed and evaluated alternatives for the modification of a large wastewater treatment plant. The work focused on the identification and evaluation of project risks and cost/schedule impacts associated with each of several design/construction alternatives.
Cost Estimate Reviews; Airports Performed bid estimate review and an evaluation and critique of civil work including mass cut, haul and fill operations at the Denver International Airport.
Cost Estimate Reviews; Hospitals Provided cost management services on four major hospital projects. Total value of the projects was approximately $300 million. Responsible for preparing cost report updates and forecasts, based on approved invoice and cost information, for each project on a monthly basis. Met with corporate and hospital administration to review monthly cost status. Also on a monthly basis, met with corporate accounting to review and reconcile any cost variances. Assisted corporate and hospital administration during project audits and in resolving any cost issues.
Cost Estimate Reviews; Mineral Processing Plants On behalf of the owner, developed cash flow economic evaluation computer models and prepared capital and operating cost estimates and economic analyses used in the negotiation of the $1.1 billion project loan guarantee for the Colony Shale Oil Project.
Earthwork and Underground Utilities Performed damages and schedule analyses for a contractor in a $1.3 million dispute with its earthwork and utilities subcontractor. Submitted an Expert Report which asserted $300,000 in damages and defended a $1 million counterclaim. Prepared all damages and schedule analyses and provided testimony in both deposition and arbitration. The contractor received a favorable award.
Gas Turbine Generator Provided dispute resolution services for a general contractor in defense of $2.5 million in assessed liquidated damages by the owner of a power plant. Evaluated contemporaneous project records to identify project impacts. Identified and quantified critical path delays and lost productivity impacts caused by the late delivery of equipment and materials, late responses to RFIs, and last minute changes by the owner’s turbine/generator supplier on a new power plant project. Used retrospective CPM schedule delay analysis methodology to demonstrate delays caused by the identified impacts. CPM schedule delay analysis successfully supported general contractor’s defense against owner’s assessment of liquidated damages against general contractor. General contractor and owner ultimately reached a negotiated settlement.
Glass Bottle Plant Performed an analysis of a contractor’s delay and loss of productivity claim against a Finnish equipment supplier providing a design build materials handling facility for a glass bottle manufacturing plant. Analyzed the contractor’s schedules, alleged changes to its scope of work, and cost records supporting its labor cost overruns. The case was resolved in arbitration in favor of the client equipment supplier.
Hotels Prepared a delay claim on behalf of an electrical contractor for a remodel of a upscale hotel in Aspen.
Hotels 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.
Hotels Prepared a Request for Equitable Contract Adjustment for additional compensation for an electrical subcontractor to recover compensable cost overruns experienced on the re-model of the Snowmass Westin Resort. This request resulted from a Project that experienced a 104 percent labor-hour overrun due to excessive and untimely changes to the electrical scope of work, subsequent lost productivity, stacking of trades, out-of-sequence work, additional work, and re-designed work during a thirty-seven week construction duration.
Housing Performed schedule delay analysis and negotiation for the Denver Housing Authority in defense of claims submitted by the general contractor for the renovation of the old YMCA building into low-income housing.
Housing Calculated $5 million in direct and consequential damages incurred by an owner due to the late and defective construction of a housing development.
Hydroelectric Power Plants On behalf of the contractor, prepared a schedule analysis and claim on the assembly of turbine generators on a hydroelectric power plant project. Participated in mediation to resolve the dispute.
Microchip Facilities Performed independent contract and cost audits to identify a number of inappropriate charges in the design builder’s monthly payments on a semi-conductor manufacturing facility.
Microchip Facilities Prepared an electrical contractor’s claim involving engineering delay, errors and omissions resulting in work arounds and construction delays on the installation of Life Safety Systems, and Instrumentation and Control Automation on a Silicone Chip Plant and Cleanroom Facility located in Colorado Springs. Performed a schedule analysis of delay impacts due to engineering rework and added change order work, causing schedule compression and acceleration with trade stacking, over manning of crews with a shortage of qualified labor causing productivity loss due to overtime fatigue, lack of coordinated drawings, late material delivery, and substandard supervisory management and cost controls by the construction manager.
Mineral Processing Plants On behalf of a prime contractor, provided technical, scheduling, loss of productivity, and damages analyses in regard to a $30 million dispute related to the engineering and construction of a high-grade gold processing facility. Prepared the prime contractor's claim, reviewed and prepared a pass-through claim for the mechanical subcontractor, and evaluated the Owner's counterclaim. Evaluated the status of design at contract award, the quality of Owner-supplied equipment, the accuracy of the contractors' bid estimates, and the responsibility and impact of numerous design and construction changes, as well as other issues. Evaluated and apportioned responsibility for delay, disruption, and damages amongst multiple parties. Quantified disruption resulting from cold-weather work, overtime, crowding, shift work, and the cumulative impact of changes. The parties settled prior to court proceedings.
Mixed-Use & Retail Provided schedule and damages analysis services and prepared a $1.2 million claim for a contractor that built a grocery store. Responsible for auditing and recoding invoices and timesheets, preparing a cost variance analysis and calculating damages, recreating the as-built schedule, and identifying and apportioning delays.
Parking Structure Prepared a report, damage analysis, and schedule analysis on behalf of a subcontractor for a $450,000 change order on the construction of a parking structure with post-tensioned structural concrete. Prepared an as-built “but-for” schedule analysis and calculated claimed costs.
Pipeline and Compressor Station Projects On behalf of the owner, prepared an Expert Report regarding the potential impact on the surrounding area caused by the construction and operation of a compressor station project.
Pipeline and Compressor Station Projects Analysis of an electrical and instrumentation subcontractor’s claim on behalf of the EPC contractor regarding a compressor station project. Assessed allegations of schedule impact and acceleration, and prepared an Expert Report that challenged the claims made by the subcontractor’s expert.
Prisons Performed schedule delay analysis, damages analysis, preparation of expert’s report and presentation of testimony in deposition for the general contractor’s surety in defense of a claim submitted by the electrical subcontractor on the construction of a correctional facility in Arapahoe County.
Prisons Prepared an Expert Report regarding disputed change orders, delay, and project management performance on an expansion of a county jail.
Prisons Prepared a contractor’s $250,000 change request for delay and disruption associated with structural, mechanical, and electrical design changes in the construction of a correctional facility.
Project Performance Reviews; Airports Provided project management and control services for the contractor providing Fire Alarm and Voice Paging Systems work on Concourses A, B, and C, the Airport Office Building, and the Terminal Complex at the Denver International Airport (DIA). Assisted client in cost control monitoring, schedule interfaces, change negotiations, and problem resolutions on a $12 million contract. Prepared financial and schedule analyses for the project and interfaced with the Project Management Team (PMT) for monthly pay applications and resolution of issues. Assisted in the client’s successful settlement of $6 million of outstanding changes with the owner due to unexpected changed conditions and third party contractor interference.
Project Performance Reviews; Other Government Buildings Conducted an independent audit of the program’s fiscal year schedule performance and reported earned value for work completed at the U.S. Department of Energy’s Rock Flats Environmental Technology Site (RFETS). Prepared an Expert Report that was based on interviews with project planning managers, and from an evaluation of information from the baseline and current schedules. Presented the findings to management.
Refineries On behalf of the owner, prepared an Expert Report defending against a contractor’s claim associated with disputed change orders, delay, and loss of productivity on a new refinery debutanizer unit.
Roads, Highways & Bridges Assessed a claim from the Colorado Department of Transportation, owner of the Eisenhower/Johnson Tunnels, each two-miles long, two-lane Interstate Highway 70 regarding an alleged defective admixture used in the fabrication of tunnel wall tile panels. Made recommendations for and developed detailed arguments, based on cause and effect, for causes other than a defective product as the primary cause of the tile panel distress.
Roads, Highways & Bridges Independently interpreted specific representations made in the bidding/contract documents regarding the subsurface soil/rock interface within zones to be excavated for improvements to an existing metro Denver, Colorado Interstate highway interchange in support of the contractor’s claim for differing site conditions.
Roads, Highways & Bridges Independently interpreted specific and implied representations made in the bidding/contract documents and the contractor’s pre-bid site investigation regarding drainage conditions to be reasonably expected, and then compared those representations to a collection of drainage reports and other related data available to the owner and not made available to the bidders nor the contractor during construction, all in support of the contractor’s claim for misrepresentation and superior knowledge by the owner, the city of Louisville, Colorado.
Roads, Highways & Bridges Determined the responsible party for the cause of a viaduct collapse, occurring during construction, onto existing Interstate Highway 25 in Denver, Colorado, and testified at trial in Federal Court.
Roads, Highways & Bridges Prepared project schedule for the general contractor on a highway construction project, analyzed delays, and prepared written reports for time extension requests to project owner. Testified in arbitration.
Roads, Highways & Bridges Provided schedule delay and damages analysis for the general contractor on a highway improvement project.
Roads, Highways & Bridges Performed CPM scheduling, pay application, and dispute resolution services for the owner of the E-470 Public Toll Road Project in Denver. Tracked and monitored the general contractor’s 5,500 activity CPM schedule that was cost and resource loaded. Provided effective pay application payment services by verifying and approving work performed by the general contractor. Performed various special studies regarding disputed pay items as well as the calculations of projected future value of interest for disputed work. Successfully worked with the contractor’s schedulers to develop an effective procedure for schedule updates and changes.
Roads, Highways & Bridges Defended against claims brought by the contractor on the 19th and 20th Streets HOV Project for the Denver RTD. Analyzed and rebutted plaintiff’s claim, prepared alternative quantum calculations, prepared an Expert Report, assisted in discovery and deposition preparation, and provided expert testimony during arbitration proceedings.
Roads, Highways & Bridges Evaluated a contractor’s claim for disruption and delay as well as the increased costs associated with the installation of underground utilities and street modifications for an infrastructure improvement project.
Schools On behalf of Denver Public Schools (DPS), provided CPM schedule and cost analysis and dispute resolution services that defended against unsubstantiated general contractor claims that exceeded $3 million. Participant in the DPS dispute resolution team that resulted in the successfully negotiated settlement of all general contractor claims at a significantly reduced amount.
Stadium; CPM Schedule Preparation and Updating On behalf of the electrical contractor, reviewed the CPM schedule prepared for the construction of the electrical work on the new Denver Broncos Stadium
Training Seminars Provided Claims Prevention Training Seminar for Project Management and Contract Administration Personnel of the National Electrical Contractors Association in Colorado.
Training Seminars Provided scheduling and schedule delay analysis training for a large national electric contractor.
Training Seminars; Mineral Processing Plants Provided Claims Prevention Training Seminars for a Mineral Processing Engineering firm in Denver, Tucson, and Mexico City. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.
Universities On behalf of the mechanical contractor, analyzed a $1.5 million claim on a new university classroom building project.
Waste Shipping Facility Provided an independent analysis and evaluated subcontractor change orders for the construction of the Building 440 Addition, TRU Waste Shipping Facility. In addition, prepared budget estimates for the construction of a Gas Generator Testing System and for the installation of the TRU waste container lid stands.
Wastewater Treatment Plants Provided schedule delay and damages analysis, and prepared an Expert Report and a rebuttal report for the general contractor in a claim against the owner on the construction of a new wastewater treatment facility.

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Montana
Cost Estimate Reviews; Coal-Fired Power Plants Performed an audit of the reclamation procedures and costs of a western coal producer/supplier for a major central U.S. power company.
Other Government Buildings Provided litigation support including an evaluation of a general contractor’s claim against its subcontractor for alleged schedule delays and damages related to the construction of a civil engineering complex on an air force base.
Pipelines On behalf of the owner, evaluated a horizontal directional drilling contractor’s plan as well as its actual execution of a drilled crossing of a creek and wetland area and provided expert testimony (at deposition) related to the plan, the execution, recommended guidelines, industry standards, and liability for the breach of an existing pipeline, the resulting release of product, and the damage to the environment.
Prisons Performed claims analysis, construction oversight, contract administration and expert testimony for a surety involved in the mechanical installations on a prison project.
Water Distribution Pipeline Retained by an architectural design firm to defend against claims brought by a contractor for cost overruns and delays on a water distribution pipeline project.

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Nevada
CPM Schedule Preparation and Updating; Nuclear Waste Storage Facility Developed CPM schedule on a U.S. Department of Energy nuclear waste storage facility construction project for an international heavy civil contractor.
Earthmoving, Concrete, Utilities, and Heavy Civil Construction Prepared a $30 million claim for an international construction company on a heavy civil construction project.
Fire Stations On behalf of the architect, prepared an Expert Report regarding design changes, delay, contractual responsibilities, and damages involving a dispute between the architect and the general contractor on the design and construction of three new fire stations.
Mineral Processing Plants In an International Chamber of Commerce, International Court of Arbitration, provided deposition testimony on schedule delay, loss of productivity, cost reporting, extra work, and damages claims of $50 million on the construction of a $150 million Refractory Ore Treatment Plant. The case was settled in arbitration with the defendant client paying no damages.
Mineral Processing Plants Assisted equipment supplier in defending against a $10 million claim by the owner of a gold mine. The project involved the design and construction of a prototype gold ore processing plant.  The owner sought recovery of costs associated with alleged breaches by client resulting from late and deficient proprietary engineering information, late delivery of proprietary equipment, and failure of equipment to perform as specified.  Case was settled during arbitration with client paying no damages.
Other Government Buildings Provided dispute resolution services to a general contractor in support of a $25 million claim on the construction of the Hoover Dam Visitor Center and Parking Structure. Responsible for the research and evaluation of the contractor’s issues for RFIs and change orders in support of the legal effort to prepare a breach of contract claim. Developed narratives, tables, graphs and schedules that summarized and demonstrated the level of issue caused impacts on construction. Assisted with evaluating the variances between the Project Adjusted As-Planned Schedule and the As-Built Schedule. Conducted damages analysis and prepared the concrete supplier’s claim.
Prisons Prepared and analyzed estimated quantities and costs of pending work. Evaluated alleged deficiencies against a contractor’s surety for a regional criminal justice facility. Designated as a construction cost expert witness.
Prisons Provided supporting constructability analysis on a criminal justice facility. Analyzed delays and causal facts, contract document errors, and sequencing of construction activities.
Roads, Highways & Bridges Provided cost and CPM scheduling services on a City of Las Vegas Traffic and Communication project. Developed and monitored resource-loaded completion schedules for the remaining work. Performed a retrospective CPM schedule analysis to prove change order impacts to the critical path of the project. Used activity-based costing techniques to appropriately allocate extended corporate and project overhead costs due to a 6-month suspension period. Performed productivity studies and provided resource and cost projects used for cash flow and cost-to-complete purposes. Successfully performed change order pricing and negotiations ($750K) with the owner for numerous design impacts.

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Oregon
Gas-Fired Combined Cycle Power Plants The project involved disputes between the 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. Management of claims team 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 were ultimately successful and formal litigations proceedings were avoided.
Roads, Highways & Bridges Analyzed a claim asserted by a general contractor who was engaged in the rehabilitation of a two-deck vertical lift bridge and construction of two land approaches. The project was located in downtown Portland, Oregon. During construction, the lower level of the bridge required continuous bridge operation for railroad traffic. The upper level was to be used, after reconstruction, for both light rail and highway traffic. Issues involved included unknown characteristics of the existing steel, design changes, and the resulting delays and cost impacts.
Steel Mills Performed entitlement and schedule analysis on a $60 million dispute arising from a steel mill expansion project. Reviewed RFIs, drawing changes, and change orders to identify and apportion schedule impacts.

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Washington
CPM Schedule Preparation and Updating; Food Processing Plants Developed a 1,200-activity master schedule for a new $98 million sugar beet refinery project. Established the work breakdown structure for the project. With the corporate accounting department, developed the cost code of accounts. Integrated the master schedule activity coding and breakdown with the coding and breakdown created for the job cost system. Prepared graphics and summary schedules for presentation at public and Board of Directors’ meetings.
Electrical Substation On behalf of the contractor, analyzed schedule delays on a naval facility electrical substation project including: outage delays, switchgear design deficiencies, SCADA design deficiencies, and ground mat deficiencies.
Paper Plants Performed an analysis of a Swedish contractor’s delay and disruption claim involving the design and construction of a pulp and paper mill.
Roads, Highways & Bridges Served as chairman of a three-member Dispute Review Board panel for a contract segment of Interstate Highway 90 across Mercer Island, Washington. The contract work required construction of roadway and paving, exit ramps and bridges, utility relocations, lighting and signage, and concrete roof covers (for noise abatement and to be subsequently landscaped) over the roadway segments.
Sealift Waterflood Project Developed cost estimates for all change orders impacting the Lower-48 field budget for EPC contractor on a Sealift Waterflood Project. Provided support to the owner in determining the estimated engineering and construction costs for potential changes to the structural, mechanical and process systems designs.
Universities On behalf of the electrical contractor, prepared a $1.2 million delay and disruption claim on a new university classroom building project.

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Wyoming
Airports Performed on behalf of the owner an evaluation of the contractor’s claim on a new airport terminal building project.
Gas Plants On behalf of the owner, evaluated its claims against the engineering and construction contractor for defects in its installations and late completion of the work. Prepared an Expert Report, but the case settled before the arbitration hearing.
Natural Gas Liquids (NGL) Plants Provided analysis regarding schedule delay and cost overrun issues on a NGL processing project involving construction of central process and satellite facilities. The analysis work was performed on behalf of the owner to identify the magnitude and compensability of potential affirmative claims against the prime contractor.
Post Office Buildings Evaluated entitlement and prepared damage analyses for the contractor for a main post office. Prepared financial analyses and wrote Expert Reports.
Refineries On behalf of the EPC contractor, evaluated the causes of cost overruns that it incurred during a project to upgrade the coker in a refinery. Although the work was performed under a reimbursable contract, the owner decided to not pay part of the costs due to an alleged agreement to cap the Project Management costs and Fee.
Roads, Highways & Bridges On behalf of the Wyoming Department of Transportation, evaluated the contractor’s delay and extended overhead claims on a structural steel bridge and anchored retaining wall project. Evaluated whether or not there was a reasonable basis for terminating the contractor.
Roads, Highways & Bridges Provided litigation support and expert witness testimony (at deposition), including determination of recoverable damages related to the construction of a national forest access road.

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