Experience Matters

On behalf of an owner, performed an evaluation of the integrity of a contractor’s schedule and analysis of delay and loss of productivity claims associated with the design and construction of a new geothermal power plant. The contractor alleged delays associated with late drawing comments by the owner, customs clearance problems, and scope of work changes. The contractor also alleged that it had to accelerate to overcome the delays. On behalf of the owner, performed schedule quality assurance review studies of the contractor’s submitted Recovery Schedule compared to its Baseline Schedule. Identified and recommended resolution of hundreds of open-end activities, problems with constraints, and critical and near-critical path problems. Also analyzed issues involving the schedule being “at large.”

On behalf of a major U.S. oil company, analyzed a Korean contractor’s $75 million claim involving delay, disruption, and acceleration on a major oil terminal project. Assessed the contractor’s CPM schedules, change orders, and increased staffing claims. Also evaluated the owner’s counterclaims due to late and defective work.

On behalf of a design firm, evaluated the technical validity and associated damages associated with alleged defective engineering and equipment design for the Pinal Energy Ethanol Plant Project.

On behalf of a contractor, performed quality control and analyzed the reasonableness of schedule delays on a $70 million dispute for a tunnel-boring contract on the Los Angeles metro subway project. Construction of the subway tunnels was delayed by over two years. Identified and apportioned responsibility for the delays.

The project involved disputes among an owner, main contractor, and joint venture power island equipment supplier regarding damage to the combustion turbine (CT) caused by through projectiles in the power stream. The multi-party dispute involved both contract and insurance claims for delay, disruption, liquidated damages, and direct damage reparation works to the CT start-up operations. Managed claims team that was engaged to consult on both the contract and the insurance claims for the main contractor, which involved delay, disruption, and damages analyses for a series of settlement negotiations and mediation. Ultimately, the completion of the damaged CT works had to be factored into the process and the plant restored to full operational capability. Settlement talks ultimately succeeded, and formal litigations proceedings were avoided.

Performed financial and schedule audits for the Los Angeles County Transportation Commission on metro subway projects. Reviewed project budgets, contractor schedules, and construction manager monthly progress reports, and advised the County of potential cost overruns, schedule delays and reporting deficiencies.

Provided support to management team including schedule review and development of working schedules and sub-networks for claims purposes on the $90 million NYC Times Square Rehabilitation Project. The schedule was cost and resource loaded and contained 2,823 activities.

On behalf of an electrical contractor, analyzed its man-hour and cost overruns that resulted from delays in the completion of predecessor work and the loss of labor productivity caused by the cumulative impact of changes on a hospital project. Prepared an expert report. The dispute was settled in mediation.

Prepared an electrical subcontractor’s claim for delays, extra work, and loss of productivity on the installation of fire alarm, security, and communication systems for the Federal Bureau of Prisons Project in Beaumont. The contractor’s increased costs resulted from delays, changes, field work orders, rework, loss of productivity, and acceleration to the Division 17 installation work. Prepared an expert report, and assisted counsel in the defense of the opposing expert’s deposition, which resulted in a successful settlement of the dispute.

On behalf of an insurance company, analyzed a $200 million insurance claim for non traditional coverages resulting from delays and cost overruns on the construction of an oil sands mine facility and upgrader unit in Alberta. Prepared expert witness reports in support of the ICC arbitration.