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On behalf of an owner, evaluated a contractor’s expert report and €18 million delay and disruption claim concerning the replacement of emergency diesel generators on a nuclear power plant in Finland. Assessed the expert’s time extension analysis, which was found to lack an assessment of the critical path of the work. The claim was ultimately rejected.

On behalf of an owner, prepared and evaluated claims concerning the design and construction of one of Europe’s largest nuclear reactor and turbine generator facilities, involving multiple tranches of claims submitted over the course of several years. Conducted schedule delay and quantum analyses on approximately €3.6 billion in contractor claims and approximately €2 billion of owner counterclaims. Reviewed the merits of outstanding change orders that were part of the contractors’ claims. Assessed claims associated with loss of productivity, time-related costs, subcontractor pass-through costs, delayed and disputed payments, overhead, profit, and interest. Provided expert testimony concerning delays and quantum during arbitration proceedings held at the International Chamber of Commerce.

On behalf of an EPCM contractor for the construction of two coal/oil-fired power plant projects in Saudi Arabia, provided claim support services concerning the owner’s denial of payment of final invoices and other costs associated with the EPCM contractor’s consulting works. The owner alleged that the EPCM contractor did not deliver technical documents such as plans, engineering drawings, computer network support services, and additional engineering support services. Supported the legal team’s preparation of the Statement of Claim submitted to the Riyadh Commercial Court concerning the EPCM contractor’s entitlement to additional payment. The court awarded a very favorable settlement to the EPCM contractor.

On behalf of one of the consortium contractors, evaluated claims against the other consortium contractor associated with a power and desalination project in the Middle East. The power plant design involved a change from a sub-critical power block to high-efficiency super critical technology. Evaluated numerous claims involving disputed variation orders involving technical design, equipment supply, and construction issues, delay, and increased costs. Prepared an expert report in arbitration. Provided direct and cross-examination testimony at the arbitration hearings in Dubai, UAE.

The executive management of this EPC contractor desired to make its project financial forecasting more robust after suffering a number of project write-downs. After verifying that these write-downs were more than an accounting exercise, the EPC contractor wanted an independent third party to evaluate its bidding and execution practices, benchmark them against industry practices, and develop an integrated project risk management/project governance system that executive management could rely upon. Engaged to evaluate the written procedures and practices of each of the four divisions against industry practices. After the steps required to make those procedures and practices more robust were defined, the team worked with the client to revise the procedures and adjust its practices to make the output of the bidding and execution processes more reliable and transparent to management. This work also involved developing a client custom project governance program to identify high-risk bids and projects during execution and define the tools/staff needed to address these high-risk situations.

EPC design build of a 500 MW gas-fired power plant. The project was significantly delayed and disrupted due to local unavailability of labor resources despite union agreements to provide the required construction manpower. Prepared a force majeure claim based on lack of available local labor and other resources. This involved considerable research into area and regional labor usage, related area and regional construction facilities, and union services interfaces. Submitted a heavily researched paper to the client including supporting CPM analysis and contract entitlements to facilitate settlement negotiations. The main contractor succeeded in recovering additional monies and avoiding liquidated damages.