Experience Matters

On behalf of an owner, analyzed a mechanical contractor’s $7 million marine lien delay and disruption claim against a major oil company on an offshore oil production project. The claim involved the value of equipment, piping, and structural installations on two refurbished rigs.

Assisted an owner’s construction manager in the analysis of schedule delay and productivity loss claims submitted by a design-build contractor for the engineering and construction of a roadway project in Colorado. Parties settled prior to arbitration.

On behalf of an owner, analyzed a Japanese contractor’s $35 million change order, delay, and loss of productivity claims on an LPG FPSO project that was fabricated in Japan and installed in Angola.

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

On behalf of a major oil company, reviewed its ITB package for preparation of the FEED for the design of the topsides facilities for an offshore deep-sea oil and gas production platform. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

On behalf of an owner, analyzed contractual responsibilities for cost overruns and delays on the fabrication of components of an offshore drilling rig.

On behalf of an owner, performed an assessment of a Change Order Request for Labor Productivity Impacts and Extended General Conditions Cost. The assessment revealed that the contractor did not follow the MCAA instructions on the use of MCAA’s Labor Factors found in MCAA Management Methods Manual Bulletin No. PD2 (Revised 2011). The assessment also identified that the claim for General Conditions Cost was not supported by any schedule analysis and was a total cost claim even though there were numerous executed change orders, which included a 14 percent markup for supervision, quality control, and safety.

On behalf of a compressor manufacturer, analyzed delay and performance problems on a gas compressor/pipeline project resulting in liquidated damages in excess of $50 million. This project involved ICC arbitration in Geneva, Switzerland.

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 a high-level review of an insurer's flood and fire analysis spreadsheets. Assessed reasons for claimed cost denials and/or reductions and reviewed documentation to preliminarily address cost denials and/or reductions. Developed a rebuttal report to claimed cost denials and reductions for a 237-bed, long-term-care living/nursing facility.