Experience Matters

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.

On behalf of an owner, prepared and evaluated claims concerning the design and construction of one of Europe’s largest nuclear reactor and turbine generator facilities, involving multiple tranches of claims submitted over the course of several years. Conducted schedule delay and quantum analyses on approximately €3.6 billion in contractor claims and approximately €2 billion of owner counterclaims. Reviewed the merits of outstanding change orders that were part of the contractors’ claims. Assessed claims associated with loss of productivity, time-related costs, subcontractor pass-through costs, delayed and disputed payments, overhead, profit, and interest. Provided expert testimony concerning delays and quantum during arbitration proceedings held at the International Chamber of Commerce.

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

On behalf of an owner, provided litigation support for a nuclear power plant project involving assessment of cost overruns, delays, inadequate QA/QC documentation, and defective electrical and instrumentation installations.

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.

Analyzed an HRSG manufacturer’s responsibility and liability for delays, scope of work changes related to increased piping quantities, and back charges from a general contractor on the installation of four waste HRSGs.

On behalf of an owner, evaluated its claims against an engineering and construction contractor for defects in its installations and late completion of the work. Prepared an expert report, but the case settled before the arbitration hearing.

On behalf of an owner, assessed a contractor’s claims involving change orders, delays, and acceleration regarding the design and installation of the topsides for a deep-sea crude oil FPSO project to be installed in Brazil. Evaluated the contractor’s claims regarding loss of productivity for the refurbishment work of the FPSO vessel and for the topsides installation in Dubai. Also supported the owner in resolving a subsea contractor’s prolongation claim.

On behalf of an owner of an LNG plant, assessed an EPC contractor’s expert’s quantification of costs incurred at the module fabrication yards and the contractor’s quantification of its management personnel costs during the delay period. Prepared two expert reports submitted as part of arbitration proceedings.