Experience Matters

On behalf of a major international chemical company, analyzed its contract documents and specifications for engineering, procurement, and construction of chemical plants worldwide. Recommended clauses to resolve the potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures. Provided a claims prevention seminar.

On behalf of a design firm, evaluated the technical validity and associated damages associated with alleged defective engineering and equipment design for the Pinal Energy Ethanol Plant Project.

On behalf of an EPC contractor, performed claims analysis, damages assessment, and delay evaluations on a $250 million refinery expansion project involving $20 million in damages. The primary issues included bid error, loss of labor productivity, delay and acceleration.

On behalf of an owner, prepared an expert report defending against a contractor’s claim associated with disputed change orders, delay, and loss of productivity on a new refinery debutanizer unit.

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 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.

On behalf of an insurance company, analyzed a $50 million loss for property damage and business interruption resulting from cracking to a reactor vessel at a glycol process plant facility in Alberta. Prepared deposition questions and assisted loss adjusters and counsel for the underwriters with cost and schedule analyses.

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 a pressure vessel manufacturer, analyzed the scheduling issues, delay claims, and damages that a contractor incurred on an oil refinery project. Evaluated the contractor’s failure to properly/fully compensate the pressure vessel manufacturer for two pressure vessels that were fabricated and supplied to the project. Also evaluated the contractor’s disruption claims, performance, productivity, and claim for the repair of alleged faulty work related to the internals of the pressure vessels that our client provided.

On behalf of a Japanese EPC contractor, prepared a claim, developed a document database, and analyzed costs and schedules for a $450 million fertilizer plant. Prepared a $100 million claim against the owner, which was abandoned as a result of the Gulf War. Successfully negotiated one Turkish and two Korean subcontractors’ claims against the Japanese prime contractor.