Experience Matters

Prepared a $45 million claim including delay analysis and damages calculations for an Italian construction firm that constructed two hospitals.

On behalf of an insurance carrier, prepared an expert report for a case before the Superior Court of Ontario pertaining to the cost of construction to complete a residence in Metcalfe, Ontario, Canada. Reviewed, analyzed, and commented on the plaintiff’s expert report. Developed an estimated construction cost analysis for the scope of work presented by plaintiff’s expert. Opined on whether individual scopes of work provided by the plaintiff were a part of the completion of the house or an enhancement of the house.

Performed schedule delay expert witness services with respect to a $34 million dispute between an electrical power generator and a consortium of power distributors. Issues involved the analysis of concurrent delay. Services included a delay analysis with respect to a forced outage resulting from an alleged force majeure event. Identified and quantified schedule impacts that resulted from accelerating the start of planned outage work that the power plant operator moved to be in parallel with necessary work associated with the forced outage. Provided testimony that addressed impacts to the outage affected by moving the start of planned outage work to be performed concurrently with forced outage work.

On behalf of interested underwriters, performed cost and data analysis and prepared an expert report for an insurance adjuster. The claim related to a fire loss that was the result of a line failure that caused an oil-based thinning agent to leak at a bitumen upgrader settling basin. The loss occurred for one of the largest operators in the Canadian oil sands industry and its joint venture companies. The facility is an embankment dam that was, by volume of construction material, the largest earth structure in the world in 2001.

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

On behalf of a paint manufacturer, prepared an expert report refuting an EPC contractor’s claim for delay and disruption allegedly resulting from work associated with removal of lead-containing paint from the process plant modules and platforms of an offshore oil production facility installed in the Gulf of Mexico. Case settled prior to trial. The project also involved the defense against the owner’s delay claim for recovery of lost profits due to the delay to the achievement of first oil allegedly caused by the lead abatement program. Presented an expert report demonstrating that the project would have been delayed because of concurrent delay by the EPC contractor. Testified in deposition, which resulted in a successful settlement of the dispute.

Provided construction claims consulting services, claims analysis, and change order reviews related to a methanol plant construction project. Reviewed the EPC contractor’s contract and the EPC contractor’s unresolved claims and change order requests to develop more complete descriptions of the claim issues, evaluate the merits of the claims, and prepare a summary of the claim documentation to support the client’s settlement discussions with the EPC contractor.

Retained by a major U.S. gas generation and distribution company to review existing plans and procedures for change order management and project cost and schedule control. Suggested modifications/enhancements to those plans and procedures and provided templates for the contents of these plans and procedures. Also prepared proforma EPC contracts for lump sum and reimbursable cost work.

On behalf of a construction manager, analyzed a mechanical contractor’s contract and quantum meruit claim for disputed changes in scope, delays, and loss of productivity on the installation of piping systems on a computer microchip manufacturing facility. Presented testimony in arbitration.

On behalf of a major U.S. oil company, analyzed the integrity of a Korean contractor’s EPC schedule regarding logic problems, constraints, and reasonableness of the critical path for a major petrochemical plant project.