Experience Matters

Prepared a contractor’s delay and loss of productivity claim against an owner cooperative on the construction of a $32 million soybean processing plant. Developed a document database, prepared a detailed schedule analysis, and calculated the contractor’s entitlement to delay and loss of productivity damages as a result of the defective design by the process equipment licensor and late delivery of equipment.

Provided construction claims analysis services related to a major gas pipeline project. Prepared an expert report concerning evaluations, analyses, findings, and opinions regarding the claims a contractor filed against the pipeline owner. Prepared a rebuttal report critiquing the opposing expert’s report submitted on behalf of the contractor.

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 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.

Assisted an owner’s construction manager in the analysis of schedule delay and productivity loss claims submitted by a design-build contractor for the engineering and construction of a roadway project in Colorado. Parties settled prior to arbitration.

On behalf of an owner, performed analyses and prepared expert reports regarding schedule delays and increased costs associated with an EPC contractor’s $138 million claim on a gas plant expansion project. The work involved correction of the contractor’s baseline schedule and schedule updates, assessment of impacts allegedly due to change orders, welding defects, late delivery of drawings by the owner, and contractor performance problems. Prepared time impact and As-Built But-For Schedule Analyses to address time extension entitlement, compensable delay, and loss of productivity. Developed a chronological database and assisted the law firm with witness statements and document disclosure requests. Completed a comparative assessment between the project’s radiography records for the rejected pipe joint welds, and the results that were developed from the owner’s radiography expert’s interpretation of the films. Evaluated the opposing experts’ schedule delay and damages analyses and assessment of responsibilities for project management performance problems. Performed extensive schedule quality assurance review studies of the contractor’s contemporaneous EPC project schedules to ensure that these schedules could be used for delay analysis. Identified and documented numerous problems with open-end activities, overuse of constraints, missing original scope, incorrect as-built dates, missing as-built dates, and missing logic links. The dispute was resolved prior to arbitration.

On behalf of an owner, analyzed a Russian and Turkish contractor’s claim for change orders, delay, and loss of productivity, and the owner’s counterclaims for default due to inadequate project management performance and substandard installations of a residential community project. Developed a document database, inspected the site, reviewed contractual entitlements, and provided the owner with a basis for negotiating a settlement with the contractor.

On behalf of a major U.S. oil company, evaluated a civil subcontractor’s delay claim regarding foundation and civil works associated with a GTL facility. Evaluated the integrity of the subcontractor’s schedules and verified the impact of changes to the subcontractor’s schedule. Participated with the EPC contractor and owner to achieve a settlement of the time extension and cost components of the subcontractor’s claim.

Analyzed a contractor’s delay and loss of productivity claim against a Finnish equipment supplier providing a design build materials handling facility for a glass bottle manufacturing plant. Analyzed the contractor’s schedules, alleged changes to its scope of work, and cost records supporting its labor cost overruns. The case was resolved in arbitration in favor of the equipment supplier client.

On behalf of an owner, analyzed a contractor’s $11 million claim involving disputed change order work, loss of productivity, late materials deliveries, and other delay events on a new petrochemical plant project. Issues involved customs clearance delays and inadequate project management by the contractor.