Experience Matters

Provided claims prevention training seminars for a mineral processing engineering firm in Denver, Tucson, and Mexico City. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

On behalf of an EPC contractor, analyzed the technical entitlement of over 400 change orders associated with an engineering and construction contractor’s $60 million claim on a magnesium oxide production plant. Determined the cause-effect relationships among the changed work and the resulting schedule impact and additional costs. Provided expert testimony at an ICC arbitration hearing in London. The contractor alleged that the FIDIC-based contract provided relief under the Variations clause. However, the owner argued that it was a fixed price contract, and no relief was available. Also analyzed the cause-effect relationship of improper operation by the owner and resulting poor magnesium oxide production from the facility.

On behalf of a nuclear stem system licensor and supplier, analyzed schedule delay, productivity loss, and direct damages totaling over $1 billion allegedly resulting from problems related to hydrodynamic loads on a nuclear power plant reactor building. Developed a document database comprising hundreds of thousands of documents, and managed the technical experts providing the design analysis.

On behalf of an owner, analyzed a claim for delays and cost overruns against the engineering, procurement, and construction contractor of a polyol chemical plant project.

On behalf of a contractor, prepared a schedule analysis and claim on the assembly of turbine generators on a hydroelectric power plant project. Participated in mediation to resolve the dispute.

The project involved the EPC of a greenfield LNG terminal including major berthing facilities and onshore storage, processing, and pumping services. Provided lead contract and claims support to the joint venture EPC contractor to ensure recovery of owner-caused impacts throughout the construction process. This involved managing and defending a major claim from the international earthworks subcontractor through litigation proceedings in both the U.S. and Mexico. The scope of work further involved detailed rebuttal of schedule, disruption, and damages analyses.

Provided litigation support services for a $3 million real estate development project. Created as-planned and as-built CPM schedules for delay and acceleration evaluations including extensive analysis of weather delays.

On behalf of an EPC contractor, provided claims analysis, entitlement analysis, schedule analysis and assessment of $20 million in cost overruns on a lump sum, fast-track gas processing plant project. Issues included defective specifications, changes, and delays.

On behalf of an owner, performed an audit of the EPCM and general contractor’s cost records to identify potential billing discrepancies and problems on cost reimbursable contracts for a calciner expansion project.

On behalf of the owner of a large petrochemical complex in Louisiana, assessed a scaffolding subcontractor's claim for increased costs on a unit price subcontract where it installed more scaffolding quantities than originally planned and during a longer period due to project delays. Prepared an expert report.