Experience Matters

Provided a claims prevention training seminar for project management and contract administration personnel of a major U.S. chemical company on new boiler addition to an existing chemical plant. Reviewed contract and procedures proposed to be used for the project and recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

On behalf of an owner, evaluated a contractor’s $87 million delay and disruption/loss of productivity claim resulting from alleged design changes to a semi-submersible hull and mooring system project for an offshore oil and gas production facility that was fabricated in Norway for installation in the Gulf of Mexico. Evaluated contractor’s entitlement to unresolved change orders and contractor’s alleged delays associated with owner interference, late owner approvals, ABS approval delays, and out-of-sequence work. Prepared an expert report and testified in arbitration.

Performed a schedule quality assurance review. Reviewed and critiqued a consortium partner’s detailed fabrication schedules. Ascertained the suitability of the schedule to be used as a tool to analyze concurrent delays by maintaining CPM schedule logic to properly understand the client’s, and the consortium partner’s liability for delay, disruption, and impact damages, and any relationship between proceeding activities being the responsibility of other parties. Provided guidance on “best practice” recommendations for on-site schedule control, progress reporting, schedule development, and labor productivity. Recommended suitable effective documentation and record keeping to aid in the support or defense of possible future claims and integration of schedule activities with available cost details to accurately establish the cause and effect relationship among problems, issues, events, schedule impacts, productivity losses, and cost overruns and/or the need for acceleration/mitigation recovery countermeasures.

Provided claims analysis and cost and schedule analyses. Prepared a rebuttal report regarding insurance claims related to defective flue gas desulfurization systems on four coal-fired power plant projects.

On behalf of an owner, provided litigation support for a nuclear power plant project involving assessment of cost overruns, delays, inadequate QA/QC documentation, and defective electrical and instrumentation installations.

On behalf of an insurance company, analyzed a contractor’s claim for costs associated with repairs to damage resulting from a tower crane jacking failure on a mixed-use development project in Atlanta. Prepared detailed analyses and reports to identify reasonableness of costs claimed in preparation of negotiation and settlement among the insurers, insured, and insured’s contractor.

Provided contract/entitlement analysis and prepared detailed as-planned and as-built schedule analyses for a contractor on a highway construction project in Pennsylvania. Assisted the contractor to prepare a recovery schedule to mitigate construction delays caused by differing site conditions.

Analyzed a contractor’s claims against the owners of wastewater treatment plant projects. Issues involved included delay, changes, defective specifications, and loss of productivity.

On behalf of an owner, reviewed the EPC contract and the project management and project controls procedures for risk identification issues. Provided a claims management and prevention seminar. Also reviewed the EPC contractor's baseline schedule to identify logic and other problems.

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.