Experience Matters

On behalf of the public owner and its attorney, provided analysis of material and construction deficiencies that were performed by the construction contractor that replaced a sanitary sewer pipeline in Utah. The contractor was required to design its installation to keep groundwater from intrusion into the pipe after completion of its work, which it failed to do, alleging changed conditions. The owner issued multiple notices of defects to the contractor in a timely manner. The contractor abandoned the project. Work to date has included an expert report and deposition. Testimony not yet scheduled.

On behalf of an owner, analyzed alleged deficiencies in the design of a petroleum coke gasification and syngas plant that resulted in change orders, delay, and loss of productivity claims totaling $25 million against the owner of a refinery. The project involved the relocation of a coal gasification facility from California and redesign of the plant based on petroleum coke feed.

Performed expert analysis reviews pertaining to a dispute in relation to the construction of a Steam Assisted Gravity Drainage (SAGD) oil sands extraction project in northern Alberta.

Assisted a supplier of proprietary equipment in defending against a $20 million claim on a project involving the design, delivery and construction of a new cement production line from ore receiving to clinker storage and loadout. The general contractor claimed for increased costs allegedly due to delays, disruption and labor impact arising from late delivery of design data and proprietary equipment, and a defective design. The case was arbitrated in Texas. The client was found liable for only a portion of disputed extra work.

On behalf of a contractor, analyzed schedule delays in a $70 million dispute resulting from the construction of subway tunnels that were delayed by over two years. Responsible for identifying and apportioning delays.

On behalf of a purchaser of LNG from an LNG production facility, evaluated potential causes of an explosion and fire that delayed LNG production and loading of LNG to tankers.

This project involved an evaluation of the schedule at a U.S. refinery following a fire and explosion in 2019 and a dispute between the insurance company and owner concerning a business interruption loss due to the refinery shutdown. We reviewed the relevant documents that described the potential refinery rebuild project scope of work and provided an opinion addressing whether the reconstruction schedule was reasonable. We also determined whether the schedule incorporated the rebuild project scope of work set forth in the rebuild cost estimate. Finally, we provided our opinion regarding considerations the rebuild contractor did not address, adequately or at all, that we believe would have had an impact on the rebuild timeline.

Reviewed change orders, schedule delays, and pending disputes between a major U.S. chemical company and its mechanical contractor on a methanol plant in Texas. Advised the client as to its exposure regarding the technical issues involved in these issues for purpose of settlement negotiations.

Provided analysis and review of delay claims that a contractor submitted due to soil contamination caused by underground gasoline tanks on a federal courthouse project.

On behalf of an owner, analyzed delays and project management performance deficiencies in defense of a $40 million claim of an EPC contractor. The claim involved additional overhead and fee on a cost reimbursable contract for the management of the design and construction of an LNG terminal project that was delayed over 18 months. Analyzed deficiencies in the EPC contractor’s schedules and analyzed concurrent delays. Prepared the basis of a counterclaim by the owner against the EPC contractor.