Experience Matters

Analyzed a contractor’s $9 million delay and disruption claim against the owner of a 4x2 combined cycle power plant in Eunice. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.

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.

On behalf of an owner, analyzed an $85 million change order and delay claim regarding an offshore Compliant Piled Tower constructed in Texas and topsides facilities fabricated in South Korea for installation offshore Angola.

Developed the Baseline CPM Schedule for the $76 million Route 18 Extension Section 2A Highway Project.

Assisted original principals in defending a $6 million claim by the acquiring firm regarding a project that manufactured long-term storage containers for spent nuclear fuel. The purchasing firm alleged that the principals of the original firm misrepresented relevant financial information related to the project’s progress and forecast costs at the time of the change in ownership. Assisted original principals in substantiating that actual performance of the work in progress was in fact consistent with projections and the only exceptions were due to a substantial change in the definition and allocation of overhead burdens, and other business decisions made by the acquiring firm subsequent to the transfer of ownership. Claim was settled prior to hearings and on terms very favorable to defendant client.

Assisted a supplier of proprietary equipment in defending against a $20 million claim on a project involving the design, delivery and construction of a new cement production line from ore receiving to clinker storage and loadout. The general contractor claimed for increased costs allegedly due to delays, disruption and labor impact arising from late delivery of design data and proprietary equipment, and a defective design. The case was arbitrated in Texas. The client was found liable for only a portion of disputed extra work.

The mechanical subcontractor executed a contract with a power contractor to complete outage work and repowering of CFB Unit #1. The power contractor caused project delays and interferences that delayed the required work to a period outside of the specified outage period and resulted in a shortage of manpower. The mechanical subcontractor accelerated work to maintain the work planned for the outage period. This required additional coordination of utilities and steam blows and functional tests of fuel system, oil-fired burners, CFB boiler, air ducts, flue gas system and stack, feed water systems, etc. Engaged to provide claims review services. Evaluated owner and contractor claims, including a review of the CPM schedule submittals. Produced a schedule delay and productivity analysis to determine responsibility for project delays. The claims team found that power contractor delays and interferences were primarily responsible for the acceleration effort and difficulties experienced by the mechanical subcontractor during the mechanical completion and operational testing phases of work.

Provided scheduling support to an estimating team on a $250 million 500 MW power plant project. Developed a pre bid schedule over a 12-month period and multiple proposals through contract award. This project required extensive analysis including resource leveling through the use of resource histograms.

On behalf of a design firm, evaluated the technical validity and associated damages associated with alleged defective engineering and equipment design for the Pinal Energy Ethanol Plant Project.

On behalf of an owner, analyzed a major international contractor’s $22 million delay and disruption claim on a $100 million refinery upgrade project. The project involved new hydrotreater and sulfur recovery units. Prepared a detailed schedule delay analysis and damage analysis and provided mediation testimony, which resulted in a successful settlement of the dispute.