Experience Matters

On behalf of a contractor, prepared an expert report in response to the Sewer Authority’s estimate of potential costs of completing work items that were alleged to be incomplete or defective.

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.

Provided dispute resolution services for the City of Columbus’ wastewater treatment plant Project “88.” Participated in document research and discovery of 160,000 project documents. Created an as-built CPM schedule with over 1,600 activities in order to evaluate alleged delays and impacts. Performed a retrospective CPM schedule delay analysis to determine schedule delays to the critical path as well as project acceleration. Determined the validity of 141 alleged contractor claim issues with a value over $7 million. Scrutinized the cause and effect relationship between alleged impact issues and schedule delays. Assisted in damage calculations and manpower distribution analysis. Based on the team’s analysis of the facts, the City of Columbus successfully negotiated an equitable settlement of claims.

On behalf of an owner, analyzed a $500 million property damage and business interruption claim resulting from fire damage to a petrochemical plant. Prepared cost estimates for the property damage claim and schedule analyses considering acceleration, betterments, upgrades, and non-rebuilt facilities.

Prepared a contractor’s claims for delays, impacts, and cost overruns experienced during construction of a multi-unit apartment complex.

On behalf of a Japanese EPC contractor, prepared a claim, developed a document database, and analyzed costs and schedules for a $450 million fertilizer plant. Prepared a $100 million claim against the owner, which was abandoned as a result of the Gulf War. Successfully negotiated one Turkish and two Korean subcontractors’ claims against the Japanese prime contractor.

Analyzed damages for an owner defending numerous change order claims on an international oil refinery upgrade project. Provided critical assessments of the contractor’s pricing of its change order estimates.

On behalf of an owner, provided technical support for a claim against the EPC firm on a fast-track refinery project in the western United States. Issues involved late and deficient engineering, design development and scope increases, loss of construction labor productivity, and mismanagement of subcontractors and costs.

Assisted with the preparation of a contractor’s delay claim for late delivery of owner-supplied piping and equipment; extensive rework on improperly fabricated superheat panels; unrealistic, overzealous, and extra contractual inspections and QA/QC demands by owner personnel; extensive additional work associated with the electrical scope; late and incomplete submittal of necessary design information; and excessive changes to design data subsequent to Issue for Construction drawings particularly for the electrical work.

Analyzed the expediting costs associated with the $320 million rebuild of a refinery in Alberta following a fire. Performed this work in support of an insurance company’s interest on a property damage claim that the refinery owner filed. Analyzed the trade-offs of increased time-related costs that would have been incurred had the work not been expedited compared to the increased costs as a result of a fast track schedule. Evaluated the results of the various scenarios using Monte Carlo calculations to derive a probabilistic determination of the range of costs as a function of the variables involved in the analyses. Analyses contributed to a successful settlement between the insurance carrier and the owner.