Experience Matters

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

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. Produced a schedule delay and productivity analysis 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.

On behalf of an electrical contractor, prepared a $6 million delay and disruption claim on the St. Louis Stadium and Convention Center project.

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

On behalf of 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.

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.

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

On behalf of an owner, evaluated its position for a claim against the EPCM contractor for mismanagement, cost overruns, and delays on the performance of a cost reimbursable contract to design and build an offshore oil and gas production facility. Performed a schedule and cost variance analysis to identify where delays and cost overruns occurred and the allocated causes for such overruns against the owner and the contractor.

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.

On behalf of an electrical subcontractor, evaluated delays and increased labor costs on the construction of a large highway project in Colorado.