Experience Matters

Analyzed a contractor’s $8 million delay and disruption claim against the owner of a 2x1 combined cycle power plant in Redding. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.

On behalf of an electrical subcontractor, prepared a labor productivity analysis as part of a subcontractor’s pass-through claim to the owner through the prime contractor. The project related to the construction of a large, mixed-use residential and commercial complex.

On behalf of an owner, performed a comprehensive “cold eyes” contract risk analysis of the EPC contract documentation, including legal and non-legal exhibits and appendices, contained in the ITT. Provided a written list of recommendations with supporting justification of contractual provisions in the ITT that should be amended, deleted, and/or inserted so as to properly mitigate the client’s risk against spurious and/or undue claims/change orders. Also provided written recommendations as to what impact a project-wide incentive program would have on the contract contingency estimates.

On behalf of an insurance company, performed a schedule delay analysis and provided expert testimony in litigation brought by the insured against an underwriter for severe weather-related delays during the construction of a condominium and commercial retail development in Miami Beach. The parties settled the litigation following deposition testimony.

Analyzed entitlement, schedule, and cost issues on litigation arising from a construction manager’s termination of a nuclear demolition contractor. Prepared an affirmative claim valued at $2.3 million and rebutted the contractor’s counterclaim valued at $1.5 million.

On behalf of an owner, analyzed delays, acceleration, change orders, unit rate, and loss of productivity claims totaling $20 million by a major U.S. engineering contractor. Also analyzed counterclaims by a major U.S. chemical company on an ethylene plant project.

On behalf of an owner, analyzed a French contractor’s $14 million delay and increased quantities claim on a 36-inch gas pipeline and valve station project. Reviewed the owner’s ITB packages, contracts, project controls procedures, and contract administration procedures and presented a claims prevention seminar. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

Reviewed typical contracts, cost and schedule control procedures that an offshore oil and gas contractor used to identify language that could be improved to reduce risks, identify ambiguities, and mitigate the potential for claims.

On behalf of a major international chemical company, analyzed its contract documents and specifications for engineering, procurement, and construction of chemical plants worldwide. Recommended clauses to resolve the potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures. Provided a claims prevention seminar.

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.