Experience Matters

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.

On behalf of an owner, analyzed entitlement, schedule delay and damages related to a contractor’s $12 million claim against a major international chemical company associated with the construction of two process units in an existing chemical plant. The initial EPC contractor was terminated and sought recovery of its cost overruns as a result of field change orders. The owner alleged that the work was defective as a result of engineering errors, field installation errors, and welding defects.

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.

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.

On behalf of an owner, provided technical support for a claim against the EPC firm on a fast-track refinery project in the western United States. Issues involved late and deficient engineering, design development and scope increases, loss of construction labor productivity, and mismanagement of subcontractors and costs.

On behalf of a major U.S. oil company, analyzed a Korean contractor’s $75 million claim involving delay, disruption, and acceleration on a major oil terminal project. Assessed the contractor’s CPM schedules, change orders, and increased staffing claims. Also evaluated the owner’s counterclaims due to late and defective work.

On behalf of an EPC contractor, analyzed change order, delay, and loss of productivity claims on a linear alpha olefin project.

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.

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 owner, analyzed its $19 million claim for change orders, delay, and disruption on an EPC project involving an MDI chemical plant. The issues also included interpretation of whether the contract was a reimbursable or unit rate/lump sum price.