Experience Matters

Performed CPM scheduling, pay application, and dispute resolution services for the owner of the E-470 Public Toll Road project in Denver. Tracked and monitored the general contractor’s 5,500-activity CPM schedule that was cost and resource loaded. Provided effective pay application payment services by verifying and approving work performed by the general contractor. Performed various special studies regarding disputed pay items as well as the calculations of projected future value of interest for disputed work. Successfully worked with the contractor’s schedulers to develop an effective procedure for schedule updates and changes.

On behalf of an owner, performed a comprehensive “cold eyes” contract risk analysis of the EPC contract documentation, including legal and non-legal exhibits and appendices, contained in the ITT. Provided a written list of recommendations with supporting justification of contractual provisions in the ITT that should be amended, deleted, and/or inserted so as to properly mitigate the client’s risk against spurious and/or undue claims/change orders. Also provided written recommendations as to what impact a project-wide incentive program would have on the contract contingency estimates.

On behalf of a manufacturer of HRSGs, analyzed an EPC contractor’s $35 million claim regarding a lump-sum contract to design and build a gas-fired power plant. Assessed the EPC contractor’s allegations regarding the constructability of the HRSGs and the delay and disruption impact of those problems on its work.

Provided claims prevention and claims analysis, claims management, contract administration, and dispute resolution services on behalf of the owner of a CAD$6.2 billion hydroelectric power and transmission line construction project.

Developed a thesis for an Equitable Adjustment. Reviewed existing cost calculations and data and prepared Phase I findings regarding a claim for Equitable Adjustment for a law firm on behalf of a heavy civil contractor regarding the rehabilitation of a mine tailings management area in Manitoba.

The project centered on the contract to design and build a 663 MW sub-critical pulverized coal-fired plant addition to an existing brownfield facility. This was a full EPC contract involving multiple stakeholders including a joint venture between the major contracting entities and power island suppliers. Managed a team engaged to provide risk management and claims avoidance advisory and training services to the on-site project teams. Services also included claims avoidance management both on a term and “as required” basis to facilitate early settlement of project problems and avoid lengthy disputes. The project was completed with no major claims or dispute issues.

Provided litigation support services on the $75 million Kaiser Hospital complex in Riverside, California. Performed detailed quantity take-offs for earthwork, concrete foundations structures and slabs, metal deck, drywall, chemical fireproofing, marblecrete, glass curtain walls, and storefront. Created a 900-activity as-bid CPM schedule to determine a reasonable project schedule. Developed a 1,100-activity as-built CPM schedule and analyzed actual manpower distribution to evaluate lost productivity issues.

Retained by the owner of a natural gas liquids extraction and fractionation plant involved in arbitration with an electrical and instrumentation contractor. Analysis and opinions provided included contract review, determination of breach of contract, delay analysis, and calculation of cost reimbursements owed to the contractor and damages incurred by the owner.

Performed schedule delay and damages analyses and prepared an expert report for a subcontractor performing the cooling tower design and construction on a combined cycle power plant project.

Wrote an expert report for an owner regarding a Construction Manager’s (CM) project management performance on the construction of a new hospital facility. The contract was CM at risk with a guaranteed maximum price contract of $280 million. The project scope consisted of a seven-story acute care tower, two-story base facility, six-story medical office building, underground parking and two-story parking structure, and central energy plant. The project incurred over one year of critical path delay, ultimately resulting in the owner terminating the CM for default.