Experience Matters

Prepared a damage and schedule analysis on behalf of a general contractor for a $560,000 claim on a new cafeteria building and dormitory renovation project at a youth detention facility in Okeechobee. Was designated as a CPM expert witness for the jury trial and presented preliminary findings at the court-ordered mediation that resulted in a successful settlement.

The project centered on the contract to design and build a 663 MW sub-critical pulverized coal-fired plant addition to an existing brownfield facility. This was a full EPC contract involving multiple stakeholders including a joint venture between the major contracting entities and power island suppliers. Managed a team engaged to provide risk management and claims avoidance advisory and training services to the on-site project teams. Services also included claims avoidance management both on a term and “as required” basis to facilitate early settlement of project problems and avoid lengthy disputes. The project was completed with no major claims or dispute issues.

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.

Provided damages analysis to rebut an erection contractor’s $1.6 million claim against a steel fabricator on the Kemper Arena. Analysis was used in a rebuttal report and in cross-examination of the opposing expert.

Prepared damages and schedule analyses in support of an owner’s defense against a contractor’s $5 million delay and disruption claim on a fast-track CO2 recovery process plant facility.

On behalf of the owner of a large petrochemical plant project in Trinidad, evaluated numerous claims totaling US$230 million involving delays, cumulative impact to the project, and whether the project achieved mechanical completion.

Analyzed a contractor’s $22 million delay and disruption claim against the owner of a 3x1 combined cycle power plant in Baytown. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.

On behalf of an owner, reviewed schedule acceleration and delays associated with the construction of an ethanol plant. Issues involved force majeure, changed site conditions, and defective work by an EPC contractor.

Reviewed typical contracts, cost and schedule control procedures that an offshore oil and gas contractor used to identify language that could be improved to reduce risks, identify ambiguities, and mitigate the potential for claims.

Reviewed an owner’s contract for the engineering, procurement, and construction of a chemical plant. Recommended changes to project management, scheduling, and project controls provisions to improve the owner’s visibility into the progress reporting on the project. Provided a Claims Prevention Seminar.