Experience Matters

On behalf of a major U.S. oil company, performed an analysis and provided deposition testimony regarding a claim against a contractor for $29 million in improper charges on a reimbursable contract for the fabrication of one offshore gas compression platform and two wellhead platforms.

Analyzed an HRSG manufacturer’s responsibility and liability for delays, scope of work changes related to increased piping quantities, and back charges from a general contractor on the installation of four waste HRSGs.

On behalf of a contractor, performed quality control and analyzed the reasonableness of schedule delays on a $70 million dispute for a tunnel-boring contract on the Los Angeles metro subway project. Construction of the subway tunnels was delayed by over two years. Identified and apportioned responsibility for the delays.

Analyzed and presented schedule impacts and litigation support services for a public schools district in defense of a general contractor’s claims on four elementary schools.

On behalf of an owner, evaluated technical issues associated with the commissioning and start-up of an LNG facility.

Priced and negotiated change orders for the Bay Area Rapid Transit District on a $65 million train control contract. Evaluated entitlement, prepared schedule analyses, wrote findings of fact, and negotiated change orders.

Provided claims prevention training seminars for a mineral processing engineering firm in Denver, Tucson, and Mexico City. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

On behalf of an EPC contractor, analyzed the technical entitlement of over 400 change orders associated with an engineering and construction contractor’s $60 million claim on a magnesium oxide production plant. Determined the cause-effect relationships among the changed work and the resulting schedule impact and additional costs. Provided expert testimony at an ICC arbitration hearing in London. The contractor alleged that the FIDIC-based contract provided relief under the Variations clause. However, the owner argued that it was a fixed price contract, and no relief was available. Also analyzed the cause-effect relationship of improper operation by the owner and resulting poor magnesium oxide production from the facility.

Performed schedule delay expert witness services, including testimony during arbitration hearings with respect to a $30 million dispute between an electrical power generator and a consortium of power distributors. Issues involved the analysis of concurrent delay.

On behalf of an owner of an LNG plant, assessed an EPC contractor’s expert’s quantification of costs incurred at the module fabrication yards and the contractor’s quantification of its management personnel costs during the delay period. Prepared two expert reports submitted as part of arbitration proceedings.