Experience Matters

Provided a claims prevention training seminar for project management and contract administration personnel of a major U.S. chemical company on new boiler addition to an existing chemical plant. Reviewed contract and procedures proposed to be used for the project and recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

On behalf of an insurer representing a contractor, prepared an expert report and provided testimony regarding the analysis of an owner’s property damage claim following a fire at an oil terminal, which damaged the tank areas, including associated equipment, piping, electrical and instrumentation. Also evaluated the validity of the owner’s warranty claims that existed prior to the fire and included in the owner’s alleged damages. Prepared an expert report and testified in deposition, which led to a settlement of the dispute.

Analyzed the expediting costs associated with the $320 million rebuild of a refinery in Alberta following a fire. Performed this work in support of an insurance company’s interest on a property damage claim that the refinery owner filed. Analyzed the trade-offs of increased time-related costs that would have been incurred had the work not been expedited compared to the increased costs as a result of a fast track schedule. Evaluated the results of the various scenarios using Monte Carlo calculations to derive a probabilistic determination of the range of costs as a function of the variables involved in the analyses. Analyses contributed to a successful settlement between the insurance carrier and the owner.

Reviewed an owner’s contract for the engineering, procurement, and construction of a chemical plant. Recommended changes to project management, scheduling, and project controls provisions to improve the owner’s visibility into the progress reporting on the project. Provided a Claims Prevention Seminar.

On behalf of an engineering design and project management firm of a fuel oil and diesel oil bulk storage tank farm facility, evaluated and rebutted claims by the owner regarding alleged delays, loss of revenue, repair costs, and cost overruns caused by errors and omissions in design and negligence that hampered the safe and profitable operation of the storage facility. Prepared an expert report for submission to the Appeals Circuit at the Commercial Court of Jeddah, Saudi Arabia, rebutting the engineering design and project management firm-caused design errors, omissions, and delays.

Prepared an extension of time claim for a Japanese contractor. The claim related to the construction of civil, structural, and building design work on a chemical plant project in the UK. Late access to the site and additional and modified work impacted the contractor’s execution of the work.

Analyzed allegedly defective installations of fiberglass linings in flue gas desulfurization scrubbers in several power plants in the U.S.

On behalf of an owner, evaluated delayed engineering that affected the timely delivery of construction work packages to the construction contractors on the pipeline and gas recovery facilities associated with an LNG facility.

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.

Prepared a claim involving total cost reconstruction and damages analysis for a resort condominium complex.