Experience Matters

Provided dispute resolution services for the City of Columbus’ wastewater treatment plant Project “88.” Participated in document research and discovery of 160,000 project documents. Created an as-built CPM schedule with over 1,600 activities in order to evaluate alleged delays and impacts. Performed a retrospective CPM schedule delay analysis to determine schedule delays to the critical path as well as project acceleration. Determined the validity of 141 alleged contractor claim issues with a value over $7 million. Scrutinized the cause and effect relationship between alleged impact issues and schedule delays. Assisted in damage calculations and manpower distribution analysis. Based on the team’s analysis of the facts, the City of Columbus successfully negotiated an equitable settlement of claims.

The project centered on the EPC design/build of a state-of-the-art sewage treatment plant to replace an existing, overutilized facility in order to meet the current and future needs of the city. Due to site constraints, the plant involved stacking SBR’s on top of each other and building the new works parallel to maintaining the old plant prior to demolition. EU environmental regulations were critical to maintaining high standards of odor and treated water outputs. The plant ultimately failed to meet performance standards, was delayed in construction, and had operational issues for the local residential areas. Engaged to provide support in developing the main contractor’s construction claims (in conjunction with the main contractor’s consortium partners) against the owner and assist with resolution of insurance claims for E&O problems during the design process. This involved CPM and disruption analysis, plus coordinating outside counsel and other experts to support the contractor’s position.

On behalf of a contractor, prepared an expert report in response to the Sewer Authority’s estimate of potential costs of completing work items that were alleged to be incomplete or defective.

Prepared detailed as-planned and as-built schedule analyses for a contractor on a dam project. Participated in negotiations between the contractor and the Province of Alberta.

Peer review of an analysis of a contractor’s right to recover damages for delay to early completion on an Activated Sludge Facility sanitation project in California.

On behalf of an owner, reviewed a contractor’s expert’s schedule delay analysis and damages claim for a wastewater treatment project.  Reviewed the as-planned and as-built schedules, impacted as-built schedule, delay issues, bid data, labor cost overrun data, damages calculations, and project correspondence.  Prepared observations and findings and a draft letter response from the owner to the contractor regarding claim.

Analyzed a contractor’s claims against the owners of wastewater treatment plant projects. Issues involved included delay, changes, defective specifications, and loss of productivity.

Prepared entitlement and damage analyses for a hydroelectric pumped storage facility. Performed financial analyses and wrote expert reports.

Evaluated entitlements and prepared the claim analyses for a contractor for a U.S. Coast Guard wharf at the Port of Los Angeles. Analyzed entitlement issues and wrote expert reports.

The project involved the expansion and redevelopment of an existing wastewater treatment plant while maintaining service and operation of existing plant. Provided contract and claims support to the EPC contractor joint venture to ensure recovery of owner caused impacts throughout the construction process. This involved weekly contract support during construction as well as claims preparation including delay and disruption analysis and entitlement to damages.