Experience Matters

Prepared a contractor’s claims for delays, impacts, and cost overruns experienced during construction of a multi-unit apartment complex.

Analyzed a contractor’s $22 million delay and disruption claim against the owner of a 3x1 combined cycle power plant in Baytown. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.

On behalf of an owner, assessed delays to overall mechanical completion, delays to initial acceptance, defective works counterclaims, cost reduction claim, elements of technical design, cost and schedule overruns, and Ready For Start-Up (RFSU)/Commissioning delays. Prepared expert reports, expert reply reports, and joint expert reports for tribunal submission. Provided litigation support, including preparation of cross-examination questions, and testified in arbitration hearings.

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.

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.

On behalf of an owner, analyzed a French contractor’s $14 million delay and increased quantities claim on a 36-inch gas pipeline and valve station project. Reviewed the owner’s ITB packages, contracts, project controls procedures, and contract administration procedures and presented a claims prevention seminar. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

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.

Prepared a mechanical contractor’s $20 million claim for delay, additional work, labor disputes, and loss of productivity regarding a $790 million delayed coker project at the Cerro Negro Oil Upgrading Project. Assisted counsel in the preparation of its briefs and document discovery requests. Prepared an expert report that was intended for witness testimony at ICC arbitration hearings in Geneva, Switzerland; however, the case settled before the hearing was conducted.

Provided contract/entitlement analysis and prepared detailed as-planned and as-built schedule analyses for a contractor on a highway construction project in Pennsylvania. Assisted the contractor to prepare a recovery schedule to mitigate construction delays caused by differing site conditions.

Performed a schedule quality assurance review. Reviewed and critiqued a consortium partner’s detailed fabrication schedules. Ascertained the suitability of the schedule to be used as a tool to analyze concurrent delays by maintaining CPM schedule logic to properly understand the client’s, and the consortium partner’s liability for delay, disruption, and impact damages, and any relationship between proceeding activities being the responsibility of other parties. Provided guidance on “best practice” recommendations for on-site schedule control, progress reporting, schedule development, and labor productivity. Recommended suitable effective documentation and record keeping to aid in the support or defense of possible future claims and integration of schedule activities with available cost details to accurately establish the cause and effect relationship among problems, issues, events, schedule impacts, productivity losses, and cost overruns and/or the need for acceleration/mitigation recovery countermeasures.