Experience Matters

On behalf of an African country, provided a rebuttal report and testimony in international arbitration regarding a claimant’s alleged value of its lost business opportunity after performing, at its own expense and risk, engineering and project development services for a port and rail project that it was not awarded. Evaluated the class of the claimant’s estimates of the project costs before and after it performed its de-risking of the project to lower project costs and determined that the estimates were inaccurate based on the information that was available to prepare the estimates. Thus, found that the claimant’s alleged project savings and its claim amount were speculative.

Prepared detailed as-planned and as-built schedule analyses for a contractor on an earth-filled dam project in New Mexico. Participated in negotiations between the contractor and the U.S. Bureau of Reclamation that resulted in a $55 million settlement for the contractor.

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.

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.

Provided expert witness services and prepared preliminary damages analyses for an electrical subcontractor on a water reclamation project.  The claim issues concerned the electrical subcontractor’s loss of productivity and extended overhead damages.  The dispute settled in negotiations after preparation of our expert report.

Prepared schedule delay and damages analyses and an expert report on behalf of an electrical subcontractor on claims against a general contractor on two Corps of Engineers lock and dam projects on the Red River.

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

On behalf of an owner, analyzed a $1.7 million claim for schedule delays and disruptions during the construction of two wastewater treatment plants and barometric condenser conversions at an oil processing unit. Prepared detailed CPM schedule analyses and expert reports. The dispute was successfully resolved prior to the arbitration.

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.

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.