Experience Matters

On behalf of an engineering design and project management firm of a fuel oil and diesel oil bulk storage tank farm facility, evaluated and rebutted claims by the owner regarding alleged delays, loss of revenue, repair costs, and cost overruns caused by errors and omissions in design and negligence that hampered the safe and profitable operation of the storage facility. Prepared an expert report for submission to the Appeals Circuit at the Commercial Court of Jeddah, Saudi Arabia, rebutting the engineering design and project management firm-caused design errors, omissions, and delays.

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.

The project involved disputes among an owner, main contractor, and joint venture power island equipment supplier regarding damage to the combustion turbine (CT) caused by through projectiles in the power stream. The multi-party dispute involved both contract and insurance claims for delay, disruption, liquidated damages, and direct damage reparation works to the CT start-up operations. Managed claims team that was engaged to consult on both the contract and the insurance claims for the main contractor, which involved delay, disruption, and damages analyses for a series of settlement negotiations and mediation. Ultimately, the completion of the damaged CT works had to be factored into the process and the plant restored to full operational capability. Settlement talks ultimately succeeded, and formal litigations proceedings were avoided.

Performed a prudency audit of a large nuclear power plant including the evaluation of the justification and causes for scope and cost growth as well as the origin, components and reasonableness of $1.3 billion of start-up and commissioning cost overruns.

Provided scheduling support to the estimating team for the $77 million Highbridge Yard Maintenance Facility. Developed pre-bid schedule and aided in the development of Baseline CPM Schedule. The project consisted of the construction of a 62,000 SF rail car maintenance facility (ten car lengths) with two tracks and the installation of associated maintenance and repair equipment. The facility also included an additional 8,300 SF of office space and employee locker rooms located on the second floor. Other project components included the construction of 35,000 feet of track along with 32 switches and electric substation, as well as an employee station.

Assisted an owner in performing its due diligence of cost estimates and schedules by: (a) validating that the estimations of asset management costs were based on a “Class 2” estimate as defined by the Association of Advancement of Cost Engineering International (AACEI) and (b) reviewing refurbishment schedules to ensure that there were no contingencies in the integrated base schedule.

On behalf of a contractor, analyzed its pipe fabrication loss of productivity claim on a project involving an upgrade to an existing refinery.

On behalf of an electrical subcontractor, evaluated delays and increased labor costs on the construction of a large highway project in Colorado.

Performed quality control and reasonableness review of a schedule delay analysis for a tunnel-boring contract on the Los Angeles metro subway project.

On behalf of an insurance company, analyzed a $500 million claim for business interruption losses due to delays to the startup and commissioning of an upgrader refinery that was built to process synthetic crude oil from an oil sands production facility. The delays were allegedly caused by a fire at the oil sands production mine site, which delayed the transport of bitumen to the refinery through a 200-plus-mile pipeline. Prepared detailed CPM schedule analyses and an expert witness report. Designated as a CPM expert witness in support of the ICC arbitration in Alberta.