Experience Matters

Assisted Amtrak in preparation and presentation of claims against defendant EPC contractor under the Federal False Claims Act on the installation of a high speed rail from Boston to New York.  Client asserted that defendant contractor had improperly billed the government for substantial amounts that did not represent actual increased costs to the contractor but were rather the result of gross miscalculations of alleged increased costs due to scope changes, schedule impacts of changes and resulting acceleration costs.  Claims were settled prior to trial with the contractor agreeing to withdraw over $25 million of invoiced amounts.

On behalf of an owner, reviewed the EPC contract and the project management and project controls procedures for risk identification issues. Provided a claims management and prevention seminar. Also reviewed the EPC contractor's baseline schedule to identify logic and other problems.

Performed schedule delay expert witness services with respect to a $34 million dispute between an electrical power generator and a consortium of power distributors. Issues involved the analysis of concurrent delay. Services included a delay analysis with respect to a forced outage resulting from an alleged force majeure event. Identified and quantified schedule impacts that resulted from accelerating the start of planned outage work that the power plant operator moved to be in parallel with necessary work associated with the forced outage. Provided testimony that addressed impacts to the outage affected by moving the start of planned outage work to be performed concurrently with forced outage work.

Prepared a contractor’s claims for delays, impacts, and cost overruns experienced during construction of a multi-unit apartment complex.

Prepared a claim on behalf of a contractor related to extra work and delays on the construction of an offshore oil platform. Assessed contractual entitlement, owner-responsible and weather-related delays, and the costs associated with the extra-contractual work and delays for an international oilfield and marine services company offering full integrated services.

On behalf of an owner, analyzed entitlement, schedule delay and damages related to a contractor’s $12 million claim against a major international chemical company associated with the construction of two process units in an existing chemical plant. The initial EPC contractor was terminated and sought recovery of its cost overruns as a result of field change orders. The owner alleged that the work was defective as a result of engineering errors, field installation errors, and welding defects.

On behalf of an owner, analyzed a contractor’s $11 million claim involving disputed change order work, loss of productivity, late materials deliveries, and other delay events on a new petrochemical plant project. Issues involved customs clearance delays and inadequate project management by the contractor.

Analyzed a contractor’s claims against the owners of wastewater treatment plant projects. Issues involved included delay, changes, defective specifications, and loss of productivity.

Reviewed an owner’s contracting strategy, ITT packages, contract terms and conditions for FEED contracts, and draft procedures for design and fabrication management of an FPSO project.

Provided analysis regarding schedule delay and cost overrun issues on an NGL processing project involving construction of central process and satellite facilities. Performed the analysis work on behalf of an owner to identify the magnitude and compensability of potential affirmative claims against a prime contractor.