Experience Matters

On behalf of an owner, analyzed delay claims on a hospital renovation project in Oakland.

On behalf of a government controlled nuclear management company, performed a third-party review and upgrade analyses of its bidding processes and contract conditions for the decommissioning and new construction of nuclear power plants. Reviewed the contract/bidding documents and provided an independent risk management report covering best practices, PMBOK application, project success goals, and general procedures for upgrading contractor performance.

Assisted a supplier of proprietary equipment in defending against a $20 million claim on a project involving the design, delivery and construction of a new cement production line from ore receiving to clinker storage and loadout. The general contractor claimed for increased costs allegedly due to delays, disruption and labor impact arising from late delivery of design data and proprietary equipment, and a defective design. The case was arbitrated in Texas. The client was found liable for only a portion of disputed extra work.

On behalf of a piping manufacturer, analyzed the fabrication of piping components as an element of the fabrication and erection of HRSGs including the identification of aspects of the delay resulting from the actions of the various parties included in the project. Prepared an expert report, which led to settlement of the matter.

Provided construction claims management services for the owner of a hydroelectric transmission line project. The CAD$4.6 billion transmission line project included a 1,384 km, 500‑kV HVDC transmission line, two new converter stations, and additional 230-kV transmission line interconnections.

On behalf of a paint manufacturer, prepared an expert report refuting an EPC contractor’s claim for delay and disruption allegedly resulting from work associated with removal of lead-containing paint from the process plant modules and platforms of an offshore oil production facility installed in the Gulf of Mexico. Case settled prior to trial. The project also involved the defense against the owner’s delay claim for recovery of lost profits due to the delay to the achievement of first oil allegedly caused by the lead abatement program. Presented an expert report demonstrating that the project would have been delayed because of concurrent delay by the EPC contractor. Testified in deposition, which resulted in a successful settlement of the dispute.

Assisted an EPC contractor with a $10 million claim against an owner for increased costs associated with increased scope of work, project delays and disruption, and loss of labor productivity arising from subsequent acceleration on the design, delivery and construction of an additional line for the production of polyester chips for use in plastic soda bottle manufacturing.

On behalf of an apartment building owner, performed an assessment to determine whether a contractor met its contractual and/or industry standard of care obligations associated with project management, project schedule development and progress updating, and construction management. Also prepared a schedule delay analysis of the project to identify delays to the project substantial completion date, determined their causes, and allocated responsibility for each delay to the parties. Prepared an expert report of findings and opinions.

Performed data analysis on a natural gas floating platform. The scope of work included analysis of daily project reports, vessel’s master daily logs, daily work tickets, and contractor/client correspondence.

On behalf of a drywall and painting subcontractor, provided analysis and quantification of schedule delay, labor productivity loss, and other damage resulting from change orders on a commercial facility in Colorado. Prepared and submitted an expert report. Parties settled prior to arbitration.