Experience Matters

On behalf of an equipment supplier, evaluated a contractor’s time extension request and delay, disruption, and extra work claim on a coke stacker/reclaimer facility.

On behalf of an owner, performed a review of an EPC contractor’s project management performance and a schedule delay analysis to allocate responsibility for delays to the engineering, procurement, and construction of a multibillion-dollar nickel processing plant in Newfoundland, Canada.  The primary issue was standard of care and whether the EPC contractor was grossly negligent in its performance.  Prepared expert reports and testified in arbitration.

Assisted an equipment supplier in defending against a $10 million claim by the owner of a gold mine. The project involved the design and construction of a prototype gold ore processing plant. The owner sought recovery of costs associated with alleged breaches by the client resulting from late and deficient proprietary engineering information, late delivery of proprietary equipment, and failure of equipment to perform as specified. The case was settled during arbitration with the client paying no damages.

On behalf of a prime contractor, provided technical, scheduling, loss of productivity, and damages analyses in regard to a $30 million dispute related to the engineering and construction of a high-grade gold processing facility. Prepared the prime contractor's claim, reviewed and prepared a pass-through claim for the mechanical subcontractor, and evaluated the owner's counterclaim. Evaluated the status of design at contract award, the quality of owner-supplied equipment, the accuracy of the contractors' bid estimates, and the responsibility and impact of numerous design and construction changes as well as other issues. Evaluated and apportioned responsibility for delay, disruption, and damages among multiple parties. Quantified disruption resulting from cold-weather work, overtime, crowding, shift work, and the cumulative impact of changes. The parties settled prior to court proceedings.

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.

On behalf of the EPCM contractor, performed preliminary standard of care analyses regarding an iron ore mining project involving mining, crushing, and grinding processes and potential variations in each of these processes that may have effected production. Evaluated standard of care, schedule delay, life of mine, and loss of profit issues.

Developed a thesis for an Equitable Adjustment. Reviewed existing cost calculations and data and prepared Phase I findings regarding a claim for Equitable Adjustment for a law firm on behalf of a heavy civil contractor regarding the rehabilitation of a mine tailings management area in Manitoba.

On behalf of an owner, developed cash flow economic evaluation computer models and prepared capital and operating cost estimates and economic analyses used in the negotiation of the $1.1 billion project loan guarantee for a shale oil project.

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.