Experience Matters

Prepared an owner’s claim against an engineering and construction management firm that was terminated for default for defective design work, delays, and cost overruns on a guaranteed maximum price contract to build a commercial-scale chemical plant scaled up from a pilot plant test facility.

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.

Retained by the owner of a surfactants expansion project to defend a claim by an electrical contractor for increased costs and loss of productivity. Evaluated standard of care, schedule, causation, labor productivity (including loss productivity due to changes), and damages.

On behalf of an owner, analyzed a claim for delays and cost overruns against the engineering, procurement, and construction contractor of a polyol chemical plant project.

An EPC contractor installed a wet type fuel gas desulphurization unit to an existing power facility utilizing combustion turbine scrubbers. The project involved coordination or works around an existing operating plant and a tight site with regard to construction and storage space facilities. Prepared defense for the main contractor from subcontractor and critical vendor supplier claims involving delay and disruption impacts and the application of liquidated damages. The project also suffered from prime contract delays caused by owner interference and local labor regulations and rules instigated by the owner post contract execution that severely impacted the main contractor’s ability to manage the subcontract craft workers. Provided CPM schedule, cost, and change order analyses to support the main contractor’s claims against the owner.

Performed schedule delay and change order analysis in support of an owner’s defense of a $10.5 million claim on upgrades to piping, boiler and flare facilities in a major international oil refinery.

Reviewed contracts, policies, and procedures related to project controls, change order management, and scheduling requirements for a major U.S. chemical company. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

On behalf of an owner, analyzed a contractor’s $11 million claim involving disputed change order work, loss of productivity, late materials deliveries, and other delay events on a new petrochemical plant project. Issues involved customs clearance delays and inadequate project management by the contractor.

Reviewed an owner’s contract for the engineering, procurement, and construction of a chemical plant. Recommended changes to project management, scheduling, and project controls provisions to improve the owner’s visibility into the progress reporting on the project. Provided a Claims Prevention Seminar.

Analyzed damages for an owner defending numerous change order claims on an international oil refinery upgrade project. Provided critical assessments of the contractor’s pricing of its change order estimates.