Experience Matters

Provided expert witness services and prepared preliminary damages analyses for an electrical subcontractor on a water reclamation project.  The claim issues concerned the electrical subcontractor’s loss of productivity and extended overhead damages.  The dispute settled in negotiations after preparation of our expert report.

On behalf of an EPC contractor, analyzed change order, delay, and loss of productivity claims on a linear alpha olefin project.

Analyzed a contractor’s $0.9 million delay and disruption claim against the owner of a 1x1 peaker power plant in Yuba City. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.

On behalf of an owner, prepared an expert report defending against a contractor’s claim associated with disputed change orders, delay, and loss of productivity on a new refinery debutanizer unit.

Prepared main contractor’s claim against employer for extension of time for completion with additional payment for the Dubai Maritime City Project. Prepared Statement of Claim for extension of time with quantum for time-related and non-time-related additional costs. The dispute concerned construction delays due to multiple reasons that were attributed to the employer, such as delay in review and approval of submittals, excessive variations, lack of access and obstructions to site, and delay in issuance of IFC drawings.

The mechanical subcontractor executed a contract with a power contractor to complete outage work and repowering of CFB Unit #1. The power contractor caused project delays and interferences that delayed the required work to a period outside of the specified outage period and resulted in a shortage of manpower. The mechanical subcontractor accelerated work to maintain the work planned for the outage period. This required additional coordination of utilities and steam blows and functional tests of fuel system, oil-fired burners, CFB boiler, air ducts, flue gas system and stack, feed water systems, etc. Engaged to provide claims review services. Evaluated owner and contractor claims, including a review of the CPM schedule submittals. Produced a schedule delay and productivity analysis to determine responsibility for project delays. The claims team found that power contractor delays and interferences were primarily responsible for the acceleration effort and difficulties experienced by the mechanical subcontractor during the mechanical completion and operational testing phases of work.

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.

On behalf of an owner, reviewed a contractor’s expert’s schedule delay analysis and damages claim for a wastewater treatment project.  Reviewed the as-planned and as-built schedules, impacted as-built schedule, delay issues, bid data, labor cost overrun data, damages calculations, and project correspondence.  Prepared observations and findings and a draft letter response from the owner to the contractor regarding claim.

Performed an analysis in support of an owner’s claim against an international EPC contractor’s performance, delays, and $100 million cost overrun regarding a Spar production facility that was fabricated in Finland for installation in the Gulf of Mexico. Issues involved material delays, welding rework, quadrupling of labor man-hours, wet mating of hard and soft tank/truss, delay, liquidated damages, conversion of contract issues, and related damages.

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.