Experience Matters

On behalf of an owner, analyzed the adequacy of a cost estimate and construction risks associated with the upgrade of an LNG facility.

Provided schedule and damages analysis services and prepared a $1.2 million claim for a contractor that built a grocery store. Responsible for auditing and recoding invoices and timesheets, preparing a cost variance analysis and calculating damages, recreating the as-built schedule, and identifying and apportioning delays.

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.

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.

On behalf of a manufacturer of HRSGs, analyzed a contractor’s claim for delay, acceleration, scope of work changes, and loss of productivity on the installation of three waste HRSGs.

As the owner’s representative, provided technical support and status reporting on a fast-track refinery expansion project in the western United States. Work included preparing a FEL-3 cost estimate and schedule, and weekly project controls and reporting of labor hours, productivity factors, costs, changes, delays, and schedule status.

On behalf of an owner, analyzed various contractor’s delay and change order claims on a major gasoline optimization project, including modifications to an existing FCCU unit, a new alky-acid unit, an isomerization unit, a new heavy naphtha hydrotreater and continuous catalytic regeneration platformer unit, and offsites facilities modifications. Claim evaluations included an assessment of the integrity of the contractor’s baseline and schedule updates, preparation of alternative impact analysis of delays allegedly caused by scope changes as well as concurrent delays caused by the contractor. Also conducted cost support reviews for the change order amounts, recalculation of time-related costs based on delay analyses, and determination of damages based on assessment of contractual entitlements under the terms of the contract. Participated during negotiations to achieve settlement of the change order claims.

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 an owner, analyzed a Canadian contractor’s $25 million delay and disruption claim against the owner of a refinery. The venue was international arbitration under UNCITRAL arbitration rules. The contractor’s scope of work involved the construction of a new visbreaker unit, modernization of instrumentation facilities, and a revamp of a fluid catalytic cracker oil upgrading process unit. The project further involved the organization of thousands of documents and assessments of alleged delays and disruption impacts identified in change orders, correspondence, meeting minutes, disruption notices, monthly progress reports, and CPM updates. The scope of work also included a detailed CPM schedule analysis and the quantification of damages. Prepared an expert report in international arbitration prior to settlement of the dispute.

Provided litigation support for the construction cost overruns and delays for several commercial building projects including a luxury hotel and a major office building.