Experience Matters

Analyzed a contractor’s $9 million delay and disruption claim against the owner of a 4x2 combined cycle power plant in Eunice. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.

On behalf of an owner, performed a review of an EPC contractor’s project management performance and a schedule delay analysis to allocate responsibility for delays to the engineering, procurement, and construction of a multibillion-dollar nickel processing plant in Newfoundland, Canada.  The primary issue was standard of care and whether the EPC contractor was grossly negligent in its performance.  Prepared expert reports and testified in arbitration.

On behalf of an owner, reviewed a claim involving disputed change orders and extra work by a contractor against a chemical company of an EVS/CVS upgrade project.

Provided a claims prevention training seminar for a chemical company and its EPCM contractor on an $800 million methanol project

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.

Provided a claims prevention training seminar for a contractor that manufactures and installs heat recovery steam generators (HRSG) on power plant projects.

Performed an analysis in support of an owner’s claim against an international EPC contractor’s performance, delays, and $100 million cost overrun regarding a Spar production facility that was fabricated in Finland for installation in the Gulf of Mexico. Issues involved material delays, welding rework, quadrupling of labor man-hours, wet mating of hard and soft tank/truss, delay, liquidated damages, conversion of contract issues, and related damages.

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.

The mechanical subcontractor executed a contract with a power contractor to complete outage work and repowering of CFB Unit #1. The power contractor caused project delays and interferences that delayed the required work to a period outside of the specified outage period and resulted in a shortage of manpower. The mechanical subcontractor accelerated work to maintain the work planned for the outage period. This required additional coordination of utilities and steam blows and functional tests of fuel system, oil-fired burners, CFB boiler, air ducts, flue gas system and stack, feed water systems, etc. Engaged to provide claims review services. Evaluated owner and contractor claims, including a review of the CPM schedule submittals. Produced a schedule delay and productivity analysis to determine responsibility for project delays. The claims team found that power contractor delays and interferences were primarily responsible for the acceleration effort and difficulties experienced by the mechanical subcontractor during the mechanical completion and operational testing phases of work.

Provided scheduling and dispute resolution services for an electrical subcontractor on the Alaska Native Medical Center in Anchorage. Furnished CPM schedule assistance to onsite project management team for the completion of remaining electrical work. Assembled productivity data based on certified payroll information in order to demonstrate productivity loss due to project problems. Assisted the general contractor in CPM schedule delay analysis to demonstrate cause/effect impacts caused by the third-party agency. Evaluated and quantified the impacts from over 1,000 late RFIs, hundreds of design changes, winter weather impacts, and impacts from other contractors. Assisted in the development of a $5 million claim for the recovery of schedule delays and increased costs caused by numerous design problems.