Experience Matters

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 among 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.

On behalf of an owner, analyzed 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.

Furnished CPM scheduling services for a building contractor on a luxury apartment home project in Celebration, Florida.

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

On behalf of a Swedish subcontractor, reviewed its claim against an EPC contractor for delay and loss of productivity associated with the fabrication and assembly of living quarters for an offshore oil production facility.

Prepared CPM fragnets depicting schedule delays. Analyzed productivity losses on a natural gas liquefaction project.

On behalf of an owner, evaluated a piping module subcontractor’s delay claim associated with a GTL facility. Evaluated the integrity of the subcontractor’s schedules and verified the impact of changes to the subcontractor’s schedule. Participated with the EPC contractor and owner to achieve a settlement of the time extension and cost components of the subcontractor’s claim.

On behalf of an insurance company, analyzed a $500 million claim for business interruption losses due to delays to the startup and commissioning of an upgrader refinery that was built to process synthetic crude oil from an oil sands production facility. The delays were allegedly caused by a fire at the oil sands production mine site, which delayed the transport of bitumen to the refinery through a 200-plus-mile pipeline. Prepared detailed CPM schedule analyses and an expert witness report. Designated as a CPM expert witness in support of the ICC arbitration in Alberta.

On behalf of the owner, performed an independent review of the contractor’s delay claim related to curtain wall design, procurement, and construction for a high-end residential tower project. Prepared an expert report presenting findings and conclusions regarding the delay issues for the civil claim before the Supreme Court of British Columbia.

Provided claims prevention and claims analysis, claims management, contract administration, and dispute resolution services on behalf of the owner of a CAD$6.2 billion hydroelectric power and transmission line construction project.