Experience Matters

Prepared an expert report for an ICC arbitration in London concerning a refinery project in Iraq.  Prepared analyses and provided opinions regarding the delays that occurred during the project and the parties responsible for the project delays.  Prepared analyses and provided opinions concerning the validity of the costs the contractor incurred as a result of terminating its subcontracts and executing new subcontracts with replacement subcontractors.

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.

Reviewed an owner’s contract for the EPC of a polyethylene plant. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures. Recommended changes to project management, scheduling, and project controls provisions to improve the owner’s visibility into project progress reporting.

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.

Analyzed allegedly defective installations of fiberglass linings in flue gas desulfurization scrubbers in several power plants in the U.S.

Reviewed change orders, schedule delays, and pending disputes between a major U.S. chemical company and its mechanical contractor on a methanol plant in Texas. Advised the client as to its exposure regarding the technical issues involved in these issues for purpose of settlement negotiations.

On behalf of an EPC contractor, analyzed delay and acceleration claims on the EPC of an ammonia plant project.

On behalf of an owner, reviewed a claim involving disputed change orders and extra work by a contractor against a chemical company of an EVS/CVS upgrade project.

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 an EPC contractor, evaluated the causes of cost overruns that it incurred during a project to upgrade the coker in a refinery. Although the work was performed under a reimbursable contract, the owner decided not to pay part of the costs due to an alleged agreement to cap the project management costs and fee.