Experience Matters

Prepared an owner/operator’s claim against a major railroad for causing delays and cost overruns during the construction of fiber optic communications systems along the railroad’s right-of-ways. Developed schedule delay analysis of each of the right-of-ways along which the fiber optic cable was installed in trenches. Identified detailed daily documentation that identified railroad interference or lack of support for the installation of the work.

Performed an extension of time claim review, schedule delay analysis, and forensic planning analysis for a central processing facility to collect gas received from all the concession well fields to be compressed prior to transport via pipeline to the treatment plant. The gas pipeline was 24" in diameter and 370 km in length with a maximum capacity of 10 million Sm3/day.

On behalf of interested underwriters, performed cost and data analysis and prepared an expert report for an insurance adjuster. The claim related to a fire loss that was the result of a line failure that caused an oil-based thinning agent to leak at a bitumen upgrader settling basin. The loss occurred for one of the largest operators in the Canadian oil sands industry and its joint venture companies. The facility is an embankment dam that was, by volume of construction material, the largest earth structure in the world in 2001.

On behalf of an owner, evaluated contractors’ claims for delays and cost overruns associated with two offshore gas pipeline projects.

On behalf of an EPC contractor, analyzed the technical entitlement of over 400 change orders associated with an engineering and construction contractor’s $60 million claim on a magnesium oxide production plant. Determined the cause-effect relationships among the changed work and the resulting schedule impact and additional costs. Provided expert testimony at an ICC arbitration hearing in London. The contractor alleged that the FIDIC-based contract provided relief under the Variations clause. However, the owner argued that it was a fixed price contract, and no relief was available. Also analyzed the cause-effect relationship of improper operation by the owner and resulting poor magnesium oxide production from the facility.

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 an equipment supplier, evaluated a contractor’s time extension request and delay, disruption, and extra work claim on a coke stacker/reclaimer facility.

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.

On behalf of the owner, performed an independent review of the contractor’s delay claim related to curtain wall design, procurement, and construction for a high-end residential tower project. Prepared an expert report presenting findings and conclusions regarding the delay issues for the civil claim before the Supreme Court of British Columbia.

Calculated $5 million in direct and consequential damages incurred by an owner due to the late and defective construction of a housing development.