Experience Matters

Provided claims analysis and cost and schedule analyses. Prepared a rebuttal report regarding insurance claims related to defective flue gas desulfurization systems on four coal-fired power plant projects.

On behalf of a concrete bridge contractor, analyzed key impacting events that delayed and extended drilled foundation pier/shaft work by a subcontractor on a highway bridge in southeast New Mexico. Quantified and allocated delay caused by the subcontractor that resulted in the owner assessing liquidated damages against the concrete bridge contractor. Prepared two expert reports and testified at deposition in preparation of a jury trial. Both parties settled the dispute after depositions.

On behalf of a government controlled nuclear management company, performed a third-party review and upgrade analyses of its bidding processes and contract conditions for the decommissioning and new construction of nuclear power plants. Reviewed the contract/bidding documents and provided an independent risk management report covering best practices, PMBOK application, project success goals, and general procedures for upgrading contractor performance.

An EPC contractor designed and supplied two 300 MW Circulating Fluidized Bed (CFB) boilers to replace oil and gas-fired boilers, as well as boiler islands on two units. Engaged to prepare a schedule delay analysis related to a claim filed for an equitable adjustment of the contract price on behalf of the EPC contractor against the owner. The project team later made a presentation for mediation to the owner on the EPC contractor’s behalf.

On behalf of a pressure vessel manufacturer, analyzed the scheduling issues, delay claims, and damages that a contractor incurred on an oil refinery project. Evaluated the contractor’s failure to properly/fully compensate the pressure vessel manufacturer for two pressure vessels that were fabricated and supplied to the project. Also evaluated the contractor’s disruption claims, performance, productivity, and claim for the repair of alleged faulty work related to the internals of the pressure vessels that our client provided.

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 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 a paint manufacturer, prepared an expert report refuting an EPC contractor’s claim for delay and disruption allegedly resulting from work associated with removal of lead-containing paint from the process plant modules and platforms of an offshore oil production facility installed in the Gulf of Mexico. Case settled prior to trial. The project also involved the defense against the owner’s delay claim for recovery of lost profits due to the delay to the achievement of first oil allegedly caused by the lead abatement program. Presented an expert report demonstrating that the project would have been delayed because of concurrent delay by the EPC contractor. Testified in deposition, which resulted in a successful settlement of the dispute.

On behalf of an owner, performed a review of an EPC contractor’s project management performance and a schedule delay analysis to allocate responsibility for delays to the engineering, procurement, and construction of a multibillion-dollar nickel processing plant in Newfoundland, Canada.  The primary issue was standard of care and whether the EPC contractor was grossly negligent in its performance.  Prepared expert reports and testified in 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.