Experience Matters

On behalf of a Japanese EPC contractor, prepared a claim, developed a document database, and analyzed costs and schedules for a $450 million fertilizer plant. Prepared a $100 million claim against the owner, which was abandoned as a result of the Gulf War. Successfully negotiated one Turkish and two Korean subcontractors’ claims against the Japanese prime contractor.

On behalf of an African country, provided a rebuttal report and testimony in international arbitration regarding a claimant’s alleged value of its lost business opportunity after performing, at its own expense and risk, engineering and project development services for a port and rail project that it was not awarded. Evaluated the class of the claimant’s estimates of the project costs before and after it performed its de-risking of the project to lower project costs and determined that the estimates were inaccurate based on the information that was available to prepare the estimates. Thus, found that the claimant’s alleged project savings and its claim amount were speculative.

Provided a claims prevention training seminar for project management, contract administration, and legal personnel of a major U.S. oil company.

On behalf of an owner, analyzed a claim associated with the placement of undersea oil and gas pipelines in the Gulf of Mexico. Prepared an expert report regarding technical issues of entitlement for cost overrun issues and substantiation of the accounting records to support the costs associated with the claim. Testified in arbitration.

On behalf of an EPC contractor, provided dispute resolution services to the project management team regarding owner impacts that stemmed from contractual issues, owner-furnished equipment, project permits, schedule delay issues including pacing, and submittal of invoices with supporting invoice documentation for a power plant located in southern Montana. Advised the project management team regarding schedule analysis strategies needed to resolve the dispute. Both the EPC contractor and the owner reached an amicable settlement.

On behalf of a manufacturer of HRSGs, analyzed a contractor’s claim for delay, acceleration, scope of work changes, and loss of productivity on the installation of three waste 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.

On behalf of an owner, analyzed cost overruns incurred by a contractor on an oil terminal project in Alberta. Reviewed and compared bid package drawings with issued for construction drawings, welding data, and other information to determine if the owner had a basis for disputing the contractor’s costs. Participated in mediation to resolve the dispute.

On behalf of a major oil company, reviewed its ITB package for preparation of the FEED for the design of the topsides facilities for an offshore deep-sea oil and gas production platform. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

Furnished CPM scheduling service for a building contractor on the Ft. Gillem Medical Laboratories in Atlanta.