Experience Matters

Prepared a claim on behalf of a contractor related to extra work and delays on the construction of an offshore oil platform. Assessed contractual entitlement, owner-responsible and weather-related delays, and the costs associated with the extra-contractual work and delays for an international oilfield and marine services company offering full integrated services.

Provided construction claims management services for the owner of a hydroelectric power project. The CAD$6.5 billion, 1,550 MW project involved the construction of four reservoir generating stations and a 150 km road.

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.

An EPC contractor installed a wet type fuel gas desulphurization unit to an existing power facility utilizing combustion turbine scrubbers. The project involved coordination or works around an existing operating plant and a tight site with regard to construction and storage space facilities. Prepared defense for the main contractor from subcontractor and critical vendor supplier claims involving delay and disruption impacts and the application of liquidated damages. The project also suffered from prime contract delays caused by owner interference and local labor regulations and rules instigated by the owner post contract execution that severely impacted the main contractor’s ability to manage the subcontract craft workers. Provided CPM schedule, cost, and change order analyses to support the main contractor’s claims against the owner.

The project centered on the installation of a 230 kV transmission line: 24 miles underground and 3.5 miles overhead, through an extremely diverse and environmentally sensitive and challenged series of districts. The major infrastructure subcontractor alleged major delay and disruption impacts caused by the main contractor. Engaged to provide claim support services to the main contractor against the subcontractor’s claims. Prepared a defense position paper involving a CPM analysis, disruption analysis, and contract entitlement to rebut the subcontractor’s expert report, which ultimately resulted in mediation proceedings and a series of settlement negotiations. Also provided claims avoidance training and lessons learned reviews to the main contractor construction team to facilitate improved management of future similar projects.

On behalf of an owner, analyzed its claim regarding defective designs and installations associated with an offshore gas production facility, pipeline, and onshore gas processing plant. Testified in arbitration.

On behalf of an apartment building owner, performed an assessment to determine whether a contractor met its contractual and/or industry standard of care obligations associated with project management, project schedule development and progress updating, and construction management. Also prepared a schedule delay analysis of the project to identify delays to the project substantial completion date, determined their causes, and allocated responsibility for each delay to the parties. Prepared an expert report of findings and opinions.

On behalf of a contractor, analyzed schedule delays on a naval facility electrical substation project including: outage delays, switchgear design deficiencies, SCADA design deficiencies, and ground mat deficiencies.

Prepared a CPM schedule analysis of alleged contractor claims associated with construction upgrades to the London Underground Subway system in support of an ICC arbitration.

On behalf of an owner, analyzed a contractor’s $11 million claim involving disputed change order work, loss of productivity, late materials deliveries, and other delay events on a new petrochemical plant project. Issues involved customs clearance delays and inadequate project management by the contractor.