Experience Matters

On behalf of a mechanical contractor, prepared a $1 million claim involving the installation of new low NOx and boiler reheater facilities on a power plant project.

On behalf of an owner seeking to recover hundreds of millions of dollars in delay and disruption costs paid to an EPC contractor on an LNG plant, performed the following scope of work: 1) critique of the contractor’s compliance with industry practices in the preparation and updating of the project baseline CPM schedule and schedule updates; 2) preparation of a windows-based schedule delay analysis to quantify delays on the critical and near-critical paths; 3) assessment of delay, disruption, and project management performance issues by the EPC contractor; and 4) quantification of delay and disruption damages incurred by the subcontractors in the construction of the facility. Prepared an expert report to be submitted as part of arbitration proceedings.

Provided expert witness services and prepared preliminary damages analyses for an electrical subcontractor on a water reclamation project.  The claim issues concerned the electrical subcontractor’s loss of productivity and extended overhead damages.  The dispute settled in negotiations after preparation of our expert report.

Prepared an expert report for an ICC arbitration in London concerning a refinery project in Iraq.  Prepared analyses and provided opinions regarding the delays that occurred during the project and the parties responsible for the project delays.  Prepared analyses and provided opinions concerning the validity of the costs the contractor incurred as a result of terminating its subcontracts and executing new subcontracts with replacement subcontractors.

Provided damages analysis to rebut an erection contractor’s $1.6 million claim against a steel fabricator on the Kemper Arena. Analysis was used in a rebuttal report and in cross-examination of the opposing expert.

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.

Developed a contractor’s $21 million delay and disruption claim against the owner of a 4x2 combined cycle power plant in Romoland. The scope of work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.

On behalf of a purchaser of LNG from an LNG production facility, evaluated potential causes of an explosion and fire that delayed LNG production and loading of LNG to tankers.

On behalf of an owner, reviewed CPM schedules submitted for arbitration to verify their authenticity for use in a delay analysis by an opposing expert. Prepared examination questions for counsel to cross examine the opposing expert at arbitration regarding causes of delay to the reconstruction of a refinery that a cyclone damaged.

On behalf of an EPC contractor, performed claims analysis, damages assessment, and delay evaluations on a $250 million refinery expansion project involving $20 million in damages. The primary issues included bid error, loss of labor productivity, delay and acceleration.