Experience Matters

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

Prepared the detailed schedule for a multi-block combined cycle conversion project.

EPC design build of a 500 MW gas-fired power plant. The project was significantly delayed and disrupted due to local unavailability of labor resources despite union agreements to provide the required construction manpower. Prepared a force majeure claim based on lack of available local labor and other resources. This involved considerable research into area and regional labor usage, related area and regional construction facilities, and union services interfaces. Submitted a heavily researched paper to the client including supporting CPM analysis and contract entitlements to facilitate settlement negotiations. The main contractor succeeded in recovering additional monies and avoiding liquidated damages.

Analyzed a contractor’s delay and disruption claim against the owner of a 4x2 combined cycle power plant in Athens. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.

Assisted an owner in performing its due diligence of cost estimates and schedules by: (a) validating that the estimations of asset management costs were based on a “Class 2” estimate as defined by the Association of Advancement of Cost Engineering International (AACEI) and (b) reviewing refurbishment schedules to ensure that there were no contingencies in the integrated base schedule.

Provided damages and schedule analysis and claims assistance for an electrical and instrumentation contractor on a geothermal power plant project.

The mechanical subcontractor executed a contract with a power contractor to complete outage work and repowering of CFB Unit #1. The power contractor caused project delays and interferences that delayed the required work to a period outside of the specified outage period and resulted in a shortage of manpower. The mechanical subcontractor accelerated work to maintain the work planned for the outage period. This required additional coordination of utilities and steam blows and functional tests of fuel system, oil-fired burners, CFB boiler, air ducts, flue gas system and stack, feed water systems, etc. Engaged to provide claims review services. Evaluated owner and contractor claims, including a review of the CPM schedule submittals. Produced a schedule delay and productivity analysis to determine responsibility for project delays. The claims team found that power contractor delays and interferences were primarily responsible for the acceleration effort and difficulties experienced by the mechanical subcontractor during the mechanical completion and operational testing phases of work.

On behalf of an owner, analyzed change orders, delays, acceleration, and loss of productivity impacts associated with the relocation of an existing gas-fired turbine generator and the construction of a new HRSG in an existing industrial plant. This project involved the defense against the contractor’s claim and preparation of the owner’s liquidated damages counterclaims. Testified in mediation, which resulted in a successful settlement of the dispute.

On behalf of an owner, prepared and evaluated claims concerning the design and construction of one of Europe’s largest nuclear reactor and turbine generator facilities, involving multiple tranches of claims submitted over the course of several years. Conducted schedule delay and quantum analyses on approximately €3.6 billion in contractor claims and approximately €2 billion of owner counterclaims. Reviewed the merits of outstanding change orders that were part of the contractors’ claims. Assessed claims associated with loss of productivity, time-related costs, subcontractor pass-through costs, delayed and disputed payments, overhead, profit, and interest. Provided expert testimony concerning delays and quantum during arbitration proceedings held at the International Chamber of Commerce.

On behalf of underwriters, as a result of a potentially insured event, evaluated whether other causes of schedule delay to the shutdown and refueling of a nuclear power plant would have caused concurrent delays to the project. Participated as a member of the Loss Adjuster’s Team of experts concerning a $140 million property damage claim and a $255 million delayed start-up claim. Evaluated Primavera schedules, analyzed opposing expert’s reports, and provided support to loss adjusters, counsel, and underwriters at market meetings.