Standard of Care Experts
Our experts have analyzed claims on some of the largest construction disputes in the world involving owner allegations that EPC or EPCM contractors failed to perform their work according to good industry practice or the standards of care and excellence identified in contract documents.
We analyze engineering, procurement, construction management, and project performance problems.
In the engineering and construction industry, owners put language in EPC and EPCM contracts that defines the standard of care, standard of excellence, and good industry practice required of contractors. Multiple design changes and failures to perform engineering, procurement, project management, and construction management contractual responsibilities, as defined by contract clauses, increase the time and cost to complete engineering and construction projects.
Our Standard of Care Experts have analyzed claims on some of the largest construction disputes in the world involving owner allegations that EPC or EPCM contractors failed to perform their work according to good industry practice or the standards of care and excellence identified in contract documents.
Our analysis includes assessing compliance with the Project Management Institute’s Project Management Book of Knowledge and Construction Extension, the Construction Industry Institute’s Knowledge Structure, AACE International’s Professional Practice Guides, and Construction Management Association publications.
When a negotiated settlement of a standard of care or standard of excellence claim is not reached, our experts have testified in international arbitration proceedings. Topics we have analyzed and testified on include:
- Failure of an EPC or EPCM contractor to provide sufficient and qualified design personnel to complete work in a timely manner
- Failure of an EPC or EPCM contractor to perform procurement tasks, such as expediting of equipment, resulting in project delays and cost overruns
- Design issues resulting in start-up and commissioning problems
- Assessment of problems associated with poor project management performance
- The importance of sound project management practices
- Project management practice generally accepted in the industry
- Measuring conformance to the project management requirements of the contract
- Measuring conformance to generally accepted project management practices
- Allocation of responsibility for project management problems to delay and damages calculations
For more on this topic, view our articles Assessment of Problems Associated with Poor Project Management Performance and Typical Problems Leading to Delays, Cost Overruns, and Claims on Process Plant and Offshore Oil and Gas Projects. Also see our book Why Construction Claims Occur and How to Prevent Them.
Project Management Consulting
We assist in critical aspects of project management, cost and schedule control, contract administration, claims prevention, and dispute resolution. We establish an open and collaborative environment among all key parties to evaluate project planning and execution issues and facilitate solution identification.