Experience Matters

On behalf of a construction manager, analyzed a mechanical contractor’s contract and quantum meruit claim for disputed changes in scope, delays, and loss of productivity on the installation of piping systems on a computer microchip manufacturing facility. Presented testimony in arbitration.

On behalf of interested underwriters, performed cost and data analysis and prepared an expert report for an insurance adjuster. The claim related to a fire loss that was the result of a line failure that caused an oil-based thinning agent to leak at a bitumen upgrader settling basin. The loss occurred for one of the largest operators in the Canadian oil sands industry and its joint venture companies. The facility is an embankment dam that was, by volume of construction material, the largest earth structure in the world in 2001.

Provided support to management team including schedule coordination, review and development of Baseline CPM Schedule for the $62 million New York Avenue Metrorail Station. The project consisted of the construction of a new “drop in” metro station, including all track work and connections.

Performed schedule delay expert witness services, including testimony during arbitration hearings with respect to a $30 million dispute between an electrical power generator and a consortium of power distributors. Issues involved the analysis of concurrent delay.

Defended an oil and gas producer against an $8 million claim from an EPC contractor and shipyard for additional costs alleged to have arisen as a result of a significant increase in scope and project delay. Analysis revealed that defendant had failed to properly consider nearly $8 million in paid extra work. Claim was settled in mediation.

On behalf of an owner, reviewed schedule acceleration and delays associated with the construction of an ethanol plant. Issues involved force majeure, changed site conditions, and defective work by an EPC contractor.

The project centered on disputes between a major contractor and a mechanical/electrical subcontractor on alleged delay and disruption impacts during the construction of a 380 MW power facility due to alleged late information, delayed procurement, and changes. Project completion was significantly delayed, and the subcontractor claimed the contractor caused the negative schedule impacts, subsequently submitting a request for an equitable adjustment (REA) and filing for arbitration. Team leader engaged to consult on the main contractor’s defense of the claim both during the contract execution works and the post completion arbitration events. This involved day-to-day contract administration, claims preparation, and overall management of claims team, outside counsel, and experts.

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.

EPC design build of a 280 MW gas-fired combined cycle power expansion to a refinery brownfield site. Managed and directed contract administration and claims procedures team. Defended and negotiated a series of owner/subcontractor claims against the EPC contractor. Prepared a force majeure weather impact claim.

On behalf of an electrical contractor, reviewed the CPM schedule prepared for the construction of the electrical work on the new Denver Broncos Stadium