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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.

Pipelines and Utilities

Utah

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.

Building Construction

North Dakota

Wrote an expert report for an owner regarding a Construction Manager’s (CM) project management performance on the construction of a new hospital facility. The contract was CM at risk with a guaranteed maximum price contract of $280 million. The project scope consisted of a seven-story acute care tower, two-story base facility, six-story medical office building, underground parking and two-story parking structure, and central energy plant. The project incurred over one year of critical path delay, ultimately resulting in the owner terminating the CM for default.

Transportation

Massachusetts, Connecticut, New York

Assisted Amtrak in preparation and presentation of claims against defendant EPC contractor under the Federal False Claims Act on the installation of a high speed rail from Boston to New York.  Client asserted that defendant contractor had improperly billed the government for substantial amounts that did not represent actual increased costs to the contractor but were rather the result of gross miscalculations of alleged increased costs due to scope changes, schedule impacts of changes and resulting acceleration costs.  Claims were settled prior to trial with the contractor agreeing to withdraw over $25 million of invoiced amounts.

Transportation

Washington DC

Provided support to management team including schedule coordination, review and development of Baseline CPM Schedule for the $62 million New York Avenue Metrorail Station. The project consisted of the construction of a new “drop in” metro station, including all track work and connections.

Mining and Mineral Processing

Colorado, Arizona

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.

Power

Connecticut

Analyzed a $50 million delayed start-up claim on a 500 MW power plant. Evaluated project delays and cost impacts related to the Heat Recovery Steam Generator (HRSG) collapse.

Water, Wastewater, Dams, and Marine

Kentucky

The project involved the expansion and redevelopment of an existing wastewater treatment plant while maintaining service and operation of existing plant. Provided contract and claims support to the EPC contractor joint venture to ensure recovery of owner caused impacts throughout the construction process. This involved weekly contract support during construction as well as claims preparation including delay and disruption analysis and entitlement to damages.

Power

Rhode Island

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.

Building Construction

Texas

A hospital facility was badly damaged during a major hurricane. Provided full insurance claim review services. Worked with claim adjusters to assess and review actual damage and required construction repair services. This involved a full construction assessment of building, services, and medical equipment damages including time/costs and rectification budget for repair and/or total replacement of facility.

Power

California

The project centered on the installation of a 230 kV transmission line: 24 miles underground and 3.5 miles overhead, through an extremely diverse and environmentally sensitive and challenged series of districts. The major infrastructure subcontractor alleged major delay and disruption impacts caused by the main contractor. Engaged to provide claim support services to the main contractor against the subcontractor’s claims. Prepared a defense position paper involving a CPM analysis, disruption analysis, and contract entitlement to rebut the subcontractor’s expert report, which ultimately resulted in mediation proceedings and a series of settlement negotiations. Also provided claims avoidance training and lessons learned reviews to the main contractor construction team to facilitate improved management of future similar projects.

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Our extensive international experience includes large, complex, grass roots, revamp, and reconstruction projects incorporating conventional-phased, fast-track, and EPC turnkey concepts.