Experience Matters

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.

Reviewed an owner’s contracting strategy and risks associated with the engineering, procurement, and construction of several major chemical plant projects.

The project involved disputes among an owner, main contractor, and joint venture power island equipment supplier regarding damage to the combustion turbine (CT) caused by through projectiles in the power stream. The multi-party dispute involved both contract and insurance claims for delay, disruption, liquidated damages, and direct damage reparation works to the CT start-up operations. Managed claims team that was engaged to consult on both the contract and the insurance claims for the main contractor, which involved delay, disruption, and damages analyses for a series of settlement negotiations and mediation. Ultimately, the completion of the damaged CT works had to be factored into the process and the plant restored to full operational capability. Settlement talks ultimately succeeded, and formal litigations proceedings were avoided.

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.

On behalf of an EPC contractor, analyzed a claim for delay during the design and construction of an offshore platform. Prepared an expert report in anticipation of arbitration. The case settled.

On behalf of an owner, analyzed a major international contractor’s $22 million delay and disruption claim on a $100 million refinery upgrade project. The project involved new hydrotreater and sulfur recovery units. Prepared a detailed schedule delay analysis and damage analysis and provided mediation testimony, which resulted in a successful settlement of the dispute.

On behalf of a European/Japanese joint venture EPC firm, evaluated a $75 million claim on a refinery upgrade project. Assessed the technical entitlement of over 100 change orders forming the basis of the claims as well as the schedule analysis to demonstrate entitlement to an extension of time and delay damages. Evaluated the contractor’s methodology for performing its schedule delay analysis and quantum calculations, and its loss of productivity analysis for proof of damages for labor cost overruns.

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.

Provided CPM scheduling using Primavera on the $13 million San Marcos Town Center project in San Diego. This project included 2,700 LF of box culvert, a CIP bridge structure, grading, paving, traffic control, and the relocation of utilities including fiber optics. The contractor also relocated railroad tracks with ballast to accommodate construction.

Provided a claims prevention training seminar for a U.S. contractor that specializes in the design and construction of HRSGs.