Experience Matters

On behalf of an owner, performed analyses and prepared expert reports regarding schedule delays and increased costs associated with an EPC contractor’s $138 million claim on a gas plant expansion project. The work involved correction of the contractor’s baseline schedule and schedule updates, assessment of impacts allegedly due to change orders, welding defects, late delivery of drawings by the owner, and contractor performance problems. Prepared time impact and As-Built But-For Schedule Analyses to address time extension entitlement, compensable delay, and loss of productivity. Developed a chronological database and assisted the law firm with witness statements and document disclosure requests. Completed a comparative assessment between the project’s radiography records for the rejected pipe joint welds, and the results that were developed from the owner’s radiography expert’s interpretation of the films. Evaluated the opposing experts’ schedule delay and damages analyses and assessment of responsibilities for project management performance problems. Performed extensive schedule quality assurance review studies of the contractor’s contemporaneous EPC project schedules to ensure that these schedules could be used for delay analysis. Identified and documented numerous problems with open-end activities, overuse of constraints, missing original scope, incorrect as-built dates, missing as-built dates, and missing logic links. The dispute was resolved prior to arbitration.

On behalf of an electrical contractor, prepared a $1.2 million delay and disruption claim on a new university classroom building project.

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.

Provided a claims prevention training seminar for project management and contract administration personnel of a major U.S. 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.

On behalf of an insurance company, analyzed 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 among the insurers, insured, and insured’s contractor.

Developed a thesis for an Equitable Adjustment. Reviewed existing cost calculations and data and prepared Phase I findings regarding a claim for Equitable Adjustment for a law firm on behalf of a heavy civil contractor regarding the rehabilitation of a mine tailings management area in Manitoba.

On behalf of a subway improvement project, assisted with as-built schedule delay analysis using AACE International MIP 3.9 protocols in support and development of six as-built calculation schedules for as-built but-for calculations for determining contractor compensation delay.

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 and gas production platform. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

Furnished CPM scheduling services for an 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.

Performed a high-level review of an insurer's flood and fire analysis spreadsheets. Assessed reasons for claimed cost denials and/or reductions and reviewed documentation to preliminarily address cost denials and/or reductions. Developed a rebuttal report to claimed cost denials and reductions for a 237-bed, long-term-care living/nursing facility.