Experience Matters

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

On behalf of an owner, analyzed delays and project management performance deficiencies in defense of a $40 million claim of an EPC contractor. The claim involved additional overhead and fee on a cost reimbursable contract for the management of the design and construction of an LNG terminal project that was delayed over 18 months. Analyzed deficiencies in the EPC contractor’s schedules and analyzed concurrent delays. Prepared the basis of a counterclaim by the owner against the EPC contractor.

On behalf of an insurance company, analyzed delays related to the construction of an LNG terminal in New Brunswick. The delay analysis included equipment to unload tanker, transfer to LNG storage tanks, vaporization of the LNG, and metering of the gas as it was introduced into a natural gas pipeline. The owner filed the claim because materials were lost overboard at sea in severe weather while being shipped to the site.

Reviewed an 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.

On behalf of a 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.

On behalf of an 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.

On behalf of an 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 a shale oil project.

Assisted an 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 increased costs due to alleged owner-caused delays and disruption arising from late delivery of proprietary design information, materials, and equipment; and impacts to labor productivity due to numerous changes to the work and contractor’s alleged acceleration to overcome delays.

Performed financial and schedule audits for the Los Angeles County Transportation Commission on metro subway projects. Reviewed project budgets, contractor schedules, and construction manager monthly progress reports, and advised the County of potential cost overruns, schedule delays and reporting deficiencies.

On behalf of an owner, analyzed a Russian and Turkish contractor’s claim for change orders, delay, and loss of productivity, and the owner’s counterclaims for default due to inadequate project management performance and substandard installations of a residential community project. Developed a document database, inspected the site, reviewed contractual entitlements, and provided the owner with a basis for negotiating a settlement with the contractor.