Experience Matters

On behalf of an owner, analyzed various contractor’s delay and change order claims on a major gasoline optimization project, including modifications to an existing FCCU unit, a new alky-acid unit, an isomerization unit, a new heavy naphtha hydrotreater and continuous catalytic regeneration platformer unit, and offsites facilities modifications. Claim evaluations included an assessment of the integrity of the contractor’s baseline and schedule updates, preparation of alternative impact analysis of delays allegedly caused by scope changes as well as concurrent delays caused by the contractor. Also conducted cost support reviews for the change order amounts, recalculation of time-related costs based on delay analyses, and determination of damages based on assessment of contractual entitlements under the terms of the contract. Participated during negotiations to achieve settlement of the change order claims.

Reviewed an owner’s contracting strategy and risks associated with the engineering, procurement, and construction of several major chemical plant projects.

On behalf of an insurer representing a contractor, prepared an expert report and provided testimony regarding the analysis of an owner’s property damage claim following a fire at an oil terminal, which damaged the tank areas, including associated equipment, piping, electrical and instrumentation. Also evaluated the validity of the owner’s warranty claims that existed prior to the fire and included in the owner’s alleged damages. Prepared an expert report and testified in deposition, which led to a settlement of the dispute.

As the owner’s representative, provided technical support and status reporting on a fast-track refinery expansion project in the western United States. Work included preparing a FEL-3 cost estimate and schedule, and weekly project controls and reporting of labor hours, productivity factors, costs, changes, delays, and schedule status.

On behalf of an owner, analyzed change order claims alleged by an EPC contractor on an ethanol from corn project at an old brewery site.

On behalf of an EPC contractor, analyzed delays and time extension entitlement on a $75 million claim by the mechanical subcontractor involving the procurement materials and installation of process plant equipment and piping on a major petrochemical plant.

On behalf of an owner, analyzed delays, acceleration, change orders, unit rate, and loss of productivity claims totaling $20 million by a major U.S. engineering contractor. Also analyzed counterclaims by a major U.S. chemical company on an ethylene plant project.

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

On behalf of an EPC contractor, analyzed the technical entitlement of over 400 change orders associated with an engineering and construction contractor’s $60 million claim on a magnesium oxide production plant. Determined the cause-effect relationships among the changed work and the resulting schedule impact and additional costs. Provided expert testimony at an ICC arbitration hearing in London. The contractor alleged that the FIDIC-based contract provided relief under the Variations clause. However, the owner argued that it was a fixed price contract, and no relief was available. Also analyzed the cause-effect relationship of improper operation by the owner and resulting poor magnesium oxide production from the facility.

On behalf of an owner, analyzed a Canadian contractor’s $25 million delay and disruption claim against the owner of a refinery. The venue was international arbitration under UNCITRAL arbitration rules. The contractor’s scope of work involved the construction of a new visbreaker unit, modernization of instrumentation facilities, and a revamp of a fluid catalytic cracker oil upgrading process unit. The project further involved the organization of thousands of documents and assessments of alleged delays and disruption impacts identified in change orders, correspondence, meeting minutes, disruption notices, monthly progress reports, and CPM updates. The scope of work also included a detailed CPM schedule analysis and the quantification of damages. Prepared an expert report in international arbitration prior to settlement of the dispute.