Experience Matters

On behalf of an electrical contractor, analyzed its man-hour and cost overruns that resulted from delays in the completion of predecessor work and the loss of labor productivity caused by the cumulative impact of changes on a hospital project. Prepared an expert report. The dispute was settled in mediation.

The project centered on disputes between a major contractor and a mechanical/electrical subcontractor on alleged delay and disruption impacts during the construction of a 380 MW power facility due to alleged late information, delayed procurement, and changes. Project completion was significantly delayed, and the subcontractor claimed the contractor caused the negative schedule impacts, subsequently submitting a request for an equitable adjustment (REA) and filing for arbitration. Team leader engaged to consult on the main contractor’s defense of the claim both during the contract execution works and the post completion arbitration events. This involved day-to-day contract administration, claims preparation, and overall management of claims team, outside counsel, and experts.

Prepared a mechanical contractor’s $20 million claim for delay, additional work, labor disputes, and loss of productivity regarding a $790 million delayed coker project at the Cerro Negro Oil Upgrading Project. Assisted counsel in the preparation of its briefs and document discovery requests. Prepared an expert report that was intended for witness testimony at ICC arbitration hearings in Geneva, Switzerland; however, the case settled before the hearing was conducted.

On behalf of underwriters, as a result of a potentially insured event, evaluated whether other causes of schedule delay to the shutdown and refueling of a nuclear power plant would have caused concurrent delays to the project. Participated as a member of the Loss Adjuster’s Team of experts concerning a $140 million property damage claim and a $255 million delayed start-up claim. Evaluated Primavera schedules, analyzed opposing expert’s reports, and provided support to loss adjusters, counsel, and underwriters at market meetings.

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.

On behalf of an owner, assessed delays to overall mechanical completion, delays to initial acceptance, defective works counterclaims, cost reduction claim, elements of technical design, cost and schedule overruns, and Ready For Start-Up (RFSU)/Commissioning delays. Prepared expert reports, expert reply reports, and joint expert reports for tribunal submission. Provided litigation support, including preparation of cross-examination questions, and testified in arbitration hearings.

Prepared a claim involving total cost reconstruction and damages analysis for a resort condominium complex.

On behalf of an owner, evaluated the project management performance, schedule delay, and cost overrun issues on an LNG facility. Developed report for evaluation by the owner as to the feasibility of recovery from the EPCM contractor of cost overrun issues on a reimbursable contract. Evaluated the integrity of the CPM schedules and cost reporting by the contractor. Evaluated change order and schedule delay issues that the construction contractors alleged.

On behalf of a major U.S. oil company, performed an analysis and provided deposition testimony regarding a claim against a contractor for $29 million in improper charges on a reimbursable contract for the fabrication of one offshore gas compression platform and two wellhead platforms.

On behalf of an owner, evaluated its claims against an engineering and construction contractor for defects in its installations and late completion of the work. Prepared an expert report, but the case settled before the arbitration hearing.