Experience Matters

On behalf of an owner, analyzed rework costs caused by defective engineering and poor project management performance by the EPCM contractor of a LNG facility. Developed a basis for estimating the rework costs and prepared several comprehensive reports that the owner used to facilitate a large settlement against the contractor.

On behalf of the public owner and its attorney, provided analysis of material and construction deficiencies that were performed by the construction contractor that replaced a sanitary sewer pipeline in Utah. The contractor was required to design its installation to keep groundwater from intrusion into the pipe after completion of its work, which it failed to do, alleging changed conditions. The owner issued multiple notices of defects to the contractor in a timely manner. The contractor abandoned the project. Work to date has included an expert report and deposition. Testimony not yet scheduled.

Calculated $5 million in direct and consequential damages incurred by an owner due to the late and defective construction of a housing development.

Analyzed a contractor’s $0.9 million delay and disruption claim against the owner of a 1x1 peaker power plant in Yuba City. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.

Analyzed a contractor’s delay and disruption claim against the owner of a 3x1 combined cycle power plant in Philadelphia. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.

On behalf of an EPC contractor, analyzed delays and time extension entitlement on a $75 million claim by the mechanical subcontractor involving the procurement materials and installation of process plant equipment and piping on a major petrochemical plant.

An EPC contractor designed and supplied two 300 MW Circulating Fluidized Bed (CFB) boilers to replace oil and gas-fired boilers, as well as boiler islands on two units. Engaged to prepare a schedule delay analysis related to a claim filed for an equitable adjustment of the contract price on behalf of the EPC contractor against the owner. The project team later made a presentation for mediation to the owner on the EPC contractor’s behalf.

On behalf of an EPC contractor, performed claims analysis, damages assessment, and delay evaluations on a $250 million refinery expansion project involving $20 million in damages. The primary issues included bid error, loss of labor productivity, delay and acceleration.

Damages expert for a material manufacturer vs. a general contractor regarding alleged defects and repair costs on a large condominium construction project. The engagement comprised the evaluation and rebuttal of the plaintiff’s costs and damage allocations to the parties, the preparation of alternative damages quantifications based upon several different causation and entitlement theories, and expert testimony.

The project centered on the EPC design/build of a state-of-the-art sewage treatment plant to replace an existing, overutilized facility in order to meet the current and future needs of the city. Due to site constraints, the plant involved stacking SBR’s on top of each other and building the new works parallel to maintaining the old plant prior to demolition. EU environmental regulations were critical to maintaining high standards of odor and treated water outputs. The plant ultimately failed to meet performance standards, was delayed in construction, and had operational issues for the local residential areas. Engaged to provide support in developing the main contractor’s construction claims (in conjunction with the main contractor’s consortium partners) against the owner and assist with resolution of insurance claims for E&O problems during the design process. This involved CPM and disruption analysis, plus coordinating outside counsel and other experts to support the contractor’s position.