Experience Matters

On behalf of an owner, analyzed 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.

Assisted a contractor in resolving a dispute related to design changes and late and deficient owner-supplied materials. Prepared and reviewed notice letters and provided input for negotiations for a combined heat and power (CHP) project aimed to replace two old boilers and two steam turbines from an existing power plant. Proposed installed capacities for the project were 450MW of thermal heat and approximately 30MW of electricity. The thermal heat was supplied to an oil refinery and a petrochemical plant within the same site while electricity was supplied to the grid. The project also produced demineralized water.

On behalf of an EPC contractor, analyzed 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.

On behalf of an owner, evaluated the performance of an EPC contractor performing a multibillion-dollar expansion of a U.S. Gulf Coast Refinery under a reimbursable contract. Issues included poor project management performance, delay, disruption, defective designs, and gross negligence, all of which led to significant increased project cost over the initial project budget and multiple budget reforecast during project execution.

Retained by a major U.S. gas generation and distribution company to review existing plans and procedures for change order management and project cost and schedule control. Suggested modifications/enhancements to those plans and procedures and provided templates for the contents of these plans and procedures. Also prepared proforma EPC contracts for lump sum and reimbursable cost work.

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.

On behalf of an owner, provided technical support for a claim against the EPC firm on a fast-track refinery project in the western United States. Issues involved late and deficient engineering, design development and scope increases, loss of construction labor productivity, and mismanagement of subcontractors and costs.

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.

On behalf of a mechanical contractor, analyzed a $1.5 million claim on a new university classroom building project.

On behalf of an 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.