Experience Matters

Provided expert testimony in arbitration, on behalf of the designer and module fabricator, regarding owner claims of faulty workmanship, delayed project completion, increased project costs, and the designer’s counterclaims of unpaid invoices and change orders related to the design and fabrication of modules and the construction of a gas processing facility. Provided deposition testimony regarding an expert witness rebuttal report.

Provided dispute resolution services for a general contractor in defense of $2.5 million in assessed liquidated damages by the owner of a power plant. Evaluated contemporaneous project records to identify project impacts. Identified and quantified critical path delays and lost productivity impacts caused by the late delivery of equipment and materials, late responses to RFIs, and last-minute changes by the owner’s turbine/generator supplier on a new power plant project. Used retrospective CPM schedule delay analysis methodology to demonstrate delays caused by the identified impacts. CPM schedule delay analysis successfully supported the general contractor’s defense against the owner’s assessment of liquidated damages against the general contractor. The general contractor and owner ultimately reached a negotiated settlement.

Assisted an owner in performing its due diligence of cost estimates and schedules by: (a) validating that the estimations of asset management costs were based on a “Class 2” estimate as defined by the Association of Advancement of Cost Engineering International (AACEI) and (b) reviewing refurbishment schedules to ensure that there were no contingencies in the integrated base schedule.

Prepared damages and schedule analyses in support of an owner’s defense against a contractor’s $5 million delay and disruption claim on a fast-track CO2 recovery process plant facility.

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.

Performed project management audits of a gas-to-liquids facility to assist with evaluating the outstanding engineering and construction scope, assess restructuring of the project management team, and assist with the development of a Request for Proposal for the selection of a project management contractor.

On behalf of an owner, performed a comprehensive “cold eyes” contract risk analysis of the EPC contract documentation, including legal and non-legal exhibits and appendices, contained in the ITT. Provided a written list of recommendations with supporting justification of contractual provisions in the ITT that should be amended, deleted, and/or inserted so as to properly mitigate the client’s risk against spurious and/or undue claims/change orders. Also provided written recommendations as to what impact a project-wide incentive program would have on the contract contingency estimates.

An EPC contractor installed a wet type fuel gas desulphurization unit to an existing power facility utilizing combustion turbine scrubbers. The project involved coordination or works around an existing operating plant and a tight site with regard to construction and storage space facilities. Prepared defense for the main contractor from subcontractor and critical vendor supplier claims involving delay and disruption impacts and the application of liquidated damages. The project also suffered from prime contract delays caused by owner interference and local labor regulations and rules instigated by the owner post contract execution that severely impacted the main contractor’s ability to manage the subcontract craft workers. Provided CPM schedule, cost, and change order analyses to support the main contractor’s claims against the owner.

Provided support to management team including schedule review and development of working schedules and sub-networks for claims purposes on the $90 million NYC Times Square Rehabilitation Project. The schedule was cost and resource loaded and contained 2,823 activities.

On behalf of an owner, analyzed a claim for delays and cost overruns against the engineering, procurement, and construction contractor of a polyol chemical plant project.