Experience Matters

On behalf of an owner, analyzed a contractor’s delay and loss of productivity claim on the design and construction of a polypropylene project.

On behalf of an owner, analyzed a French contractor’s $14 million delay and increased quantities claim on a 36-inch gas pipeline and valve station project. Reviewed the owner’s ITB packages, contracts, project controls procedures, and contract administration procedures and presented a claims prevention seminar. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

On behalf of a purchaser of LNG from an LNG production facility, evaluated potential causes of an explosion and fire that delayed LNG production and loading of LNG to tankers.

Wrote an expert report for an owner regarding a Construction Manager’s (CM) project management performance on the construction of a new hospital facility. The contract was CM at risk with a guaranteed maximum price contract of $280 million. The project scope consisted of a seven-story acute care tower, two-story base facility, six-story medical office building, underground parking and two-story parking structure, and central energy plant. The project incurred over one year of critical path delay, ultimately resulting in the owner terminating the CM for default.

On behalf of an owner, analyzed the adequacy of a cost estimate and construction risks associated with the upgrade of an LNG facility.

On behalf of an owner, evaluated contract terms and conditions and contract procedures for an LNG facility EPC contract. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

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.

On behalf of one of the consortium contractors, evaluated claims against the other consortium contractor associated with a power and desalination project in the Middle East. The power plant design involved a change from a sub-critical power block to high-efficiency super critical technology. Evaluated numerous claims involving disputed variation orders involving technical design, equipment supply, and construction issues, delay, and increased costs. Prepared an expert report in arbitration. Provided direct and cross-examination testimony at the arbitration hearings in Dubai, UAE.

On behalf of an owner, performed a schedule quality assessment of a CPM schedule regarding a new university building for the University of the West Indies.

Reviewed change orders, schedule delays, and pending disputes between a major U.S. chemical company and its mechanical contractor on a methanol plant in Texas. Advised the client as to its exposure regarding the technical issues involved in these issues for purpose of settlement negotiations.