US Projects by Region - West Gas-Fired Power Plant and Heat … · 2020. 7. 8. · engineering and...
Transcript of US Projects by Region - West Gas-Fired Power Plant and Heat … · 2020. 7. 8. · engineering and...
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US Projects by Region - West
Alaska
Gas-Fired Power Plant and Heat Recovery Steam Generator
On behalf of the owner, performed an analysis of change
orders, delays, acceleration, and loss of productivity impacts
associated with the relocation of an existing gas-fired turbine
generator and the construction of a new heat recovery steam
generator in an existing industrial plant. This project involved
the defense against the contractor’s claim and preparation of
the owner’s liquidated damages counterclaims. Testified in
mediation, which resulted in a successful settlement of the
dispute.
Hospitals
Provided scheduling and dispute resolution services for an
electrical subcontractor on the Alaska Native Medical Center in
Anchorage. Furnished CPM schedule assistance to onsite
project management team for the completion of remaining
electrical work. Assembled productivity data based on certified
payroll information in order to demonstrate productivity loss
due to project problems. Assisted the general contractor in
CPM schedule delay analysis to demonstrate cause/effect
impacts caused by the third party agency. Evaluated and
quantified the impacts from over a 1,000 late RFIs, hundreds
of design changes, winter weather impacts, and impacts from
other contractors. Assisted in the development of a $5 million
claim for the recovery of schedule delays and increased costs
caused by numerous design problems.
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Offshore Oil & Gas Production Facility
On behalf of the government, evaluated the merits of a $2
billion tax petition relative to the dismantlement of oil
production and related facilities on the North Slope. The
evaluation included a review and critique of the overall
dismantlement, removal and restoration plan, estimated
quantities of work, labor and equipment costs, logistics and
transportation, disposal of scrap and salvaged materials, and
the dismantlement schedule.
Refineries
On behalf of the owner, performed an analysis of a large
engineering and construction firm’s claims for cost overruns
and delays associated with the lump sum construction of
hydrocarbon production and process modules for the Kuparuk
project.
Wastewater Treatment Plants
Performed an analysis of a contractor’s claims against the
owners of wastewater treatment plant projects. Issues
involved include delay, changes, defective specifications, and
loss of productivity.
California
Airports
On behalf of the general contractor, provided claim
preparation, schedule and damage analyses, and litigation
support services for the $100 million John Wayne Airport
expansion project. Prepared detailed as-planned and as-built
schedule analyses.
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Apartment Buildings
Presented expert witness testimony for the electrical
subcontractor regarding reasonableness of their estimating
methodology and construction means and methods used on an
apartment building project in San Diego.
Biomass Power Plant
On behalf of the bank who provided funding for the projects,
performed an analysis of operating performance problems and
cost overruns for the lending bank on a cattle manure-fueled
power plant and several agricultural waste-fueled power
plants.
CPM Schedule Preparation and Updating; Airports
Provided pre-bid scheduling using Primavera for the $180
million San Diego International Airport Expansion and
infrastructure project. Also reviewed and approved the
contractor’s schedules. This project included CIP bridge
structures, utility relocations, demolition of existing bridge
structure, grading and paving for detours and airport parking.
CPM Schedule Preparation and Updating; Combined Cycle Power Plants
On behalf of the owner, furnished CPM scheduling services for
a 2x1 combined cycle power plant in San Jose.
CPM Schedule Preparation and Updating; Hospitals
Assisted the Sutter Health Corporation in developing a
detailed template schedule that addressed a typical project’s
scope of work, starting from project inception, through design,
construction, occupancy and close-out. This schedule was
used as part of the foundation for Sutter Health’s Enterprise
Project Management System (EPMS) that was implemented to
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support a $4.5 billion projected capital expenditure in
healthcare projects.
CPM Schedule Preparation and Updating; Other Government Buildings
Provided CPM scheduling using Primavera on the $13 million
San Marcos Town Center project in San Diego. This project
included 2,700 LF of box culvert, a CIP bridge structure,
grading, paving, traffic control, and the relocation of utilities
including fiber optics. The contractor also relocated railroad
tracks with ballast to accommodate construction.
CPM Schedule Preparation and Updating; Roads, Highways & Bridges
Provided CPM scheduling on the Molton section of the $800
million San Joaquin Hills Transportation Corridor project in
Irvine. This project had over 100 new CIP bridge structures,
miles of driven piles, retaining walls, and storm drains, in
addition to over 1 million CY of cut/fill earthwork. The Molton
Section “Working Schedule” included 1,544 activities.
Combined Cycle Power Plants
Developed contractor’s $21 million delay and disruption claim
against the owner of 4x2 combine cycle power plant in
Romoland. The scope of work included a detailed CPM
Schedule analysis to determine delay and acceleration
responsibility.
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Contract and Procedures Reviews; Light Rail
Provided Project Management Oversight for the Long Beach-
LA Light Rail Transit Project in Los Angeles. Worked on the
review, definition, creation and implementation of project
control policies, procedures, systems, methods, reporting,
data acquisition and organizational interfaces.
Cost Estimate Reviews; Libraries
Prepared detailed cost evaluations of municipal library
prototype designs for a California municipality.
Electrical Transmission Lines
The project centered on the installation of a 230 kV
transmission line: 24 miles underground and 3.5 miles
overhead, through an extremely diverse and environmentally
sensitive and challenged series of districts. The major
infrastructure subcontractor alleged major delay and
disruption impacts caused by the main contractor. Engaged to
provide claim support services to the main contractor against
the subcontractor’s claims. A defense position paper was
prepared involving CPM analysis, disruption analysis, and
contract entitlement to rebut the subcontractor’s Expert
Report which ultimately resulted in mediation proceedings and
a series of settlement negotiations. Also claims avoidance
training and lessons learned reviews were given to the main
contractor construction team to facilitate improved
management of future similar projects.
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Gas Plants
On behalf of the EPC contractor, provided claims analysis,
entitlement analysis, schedule analysis and assessment of $20
million in cost overruns on a lump sum, fast-track gas
processing plant project. Issues included defective
specifications, changes, and delays.
Gas-Fired Power Plants
Performed an analysis of contractor’s $0.9 million delay and
disruption claim against the owner of 1x1 peaker power plant
in Yuba City. The scope of the work included a detailed CPM
schedule analysis to determine delay and acceleration
responsibility.
Geothermal Power Plants
Provided damages and schedule analysis and claims
assistance for the electrical and instrumentation contractor on
a geothermal power plant project.
Performed schedule delay and damages analysis, prepared
Expert Reports, and presented testimony in deposition for the
design/build turnkey contractor in claims against the owner on
two geothermal power plant projects in the Salton Sea area.
Heat Recovery Steam Generation
Performed an analysis of the HRSG manufacturer’s
responsibility and liability for delays, scope of work changes
related to increased piping quantities, and back charges from
the general contractor on the installation of four waste heat
recovery steam generators.
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Heavy Rail
Priced and negotiated change orders for the Bay Area Rapid
Transit District on a $65 million train control contract.
Evaluated entitlement, prepared schedule analyses, wrote
findings of fact, and negotiated change orders.
Hospitals
Provided dispute resolution services on a $100 million
Stanford University Hospital Modernization Project in Palo Alto.
Performed document discovery and reviewed 200,000 project
documents. Utilized R:Base to create a 40,000-row document
database and cost allocation model. Developed a job
cost/variance model used in computing compensable client
damages. Determined the validity and entitlement for $6
million outstanding change orders. Assisted in the
development of graphic work products for mediation and
assisted in the successful mediated settlement of all
outstanding claim issues.
On behalf of the electrical contractor, analyzed its man-hour
and cost overruns that resulted from delays in the completion
of predecessor work and the loss of labor productivity caused
by the cumulative impact of changes on a hospital project.
Prepared an Expert Report, and the dispute was settled in
mediation.
Provided litigation support services on the $75 million Kaiser
Hospital complex in Riverside, California. Performed detailed
quantity take-offs for earthwork, concrete foundations
structures and slabs, metal deck, drywall, chemical
fireproofing, marblecrete, glass curtain walls, and storefront.
Created a 900 activity as-bid CPM schedule to determine a
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reasonable project schedule. Developed a 1,100 activity as-
built CPM schedule and analyzed actual manpower distribution
to evaluate lost productivity issues.
On behalf of the owner, provided an analysis of delay claims
on the renovation of a hospital project in Oakland.
Landfill
As a neutral, third-party, analyzed and evaluated a
contractor’s claim relative to entitlement, costs, and
compensable damages associated with the completion of a
landfill remediation project. Facilitated settlement and the
successful resolution of the claim.
Office Buildings
Performed schedule delay analysis, prepared an Expert
Report, and presented testimony for the architect/engineer on
a high-rise commercial building in Westwood.
Other Government Buildings
On behalf of the public owner, performed entitlement analysis,
damage evaluation and negotiation of change orders related
to the construction of a civic center complex which included a
library, jail, fire station, and city hall.
Pipelines
Evaluated a contractor’s claim for environmental and
permitting delays, disruption to work activities, changes in
scope, and changes in alignment associated with the
construction of 70 miles of 20-inch diameter pipeline. The
assignment also included the identification and systematic
evaluation of major engineering and construction problems
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and their cause/effect relationship on cost overruns and
schedule impacts.
Prepared a cost estimate and schedule for the engineering,
procurement, and construction of an artificial island, marine
off-loading facilities, sub-sea pipeline, 1,500 miles of 30-inch
land pipeline, pumping stations, a communications system, a
terminal, and storage facilities for a proposed pipeline project.
Power Supplier/EPC Contractor
The executive management of this EPC contractor desired to
make its project financial forecasting more robust after
suffering a number of project write downs. Having verified
that this was more than an accounting exercise, the EPC
contractor wanted an independent third party to evaluate its
bidding and execution practices, benchmark them against
industry practices, and develop an integrated project risk
management/project governance system that executive
management could rely upon. Engaged to evaluate the written
procedures and practices of each of the four divisions against
industry practices. After the steps required to make those
procedures and practices more robust were defined, the team
worked with the client to revise the procedures and adjust its
practices to make the output of the bidding and execution
processes more reliable and transparent to management. This
work also involved developing a client custom project
governance program to identify high-risk bids and projects
during execution and define the tools/staff needed to address
these high risk situations.
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Prisons
Analyzed detailed as-planned and as-built schedules for two
state prison projects and a city prison project.
Project Performance Reviews; Heavy Rail
Performed financial and schedule audits for the Los Angeles
County Transportation Commission on metro subway projects.
Reviewed project budgets, contractor schedules, construction
manager monthly progress reports, and advised the County of
potential cost overruns, schedule delays and reporting
deficiencies.
Project Performance Reviews; Office Buildings
Enlisted by the Tokai Bank, the project’s lender, to
independently conduct monthly evaluations of the construction
progress on a 32-story corporate headquarters office complex
located in Glendale and valued at $132 million. Completed
monthly site inspections. Reviewed architect’s and contractor’s
monthly progress billings. Prepared a monthly report to bank
officers that offered a comparative analysis of reported versus
observed progress status for each major pay item.
Refineries
On behalf of the 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.
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.
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Training Seminars; Offshore Oil & Gas Production Facility
Provided Claims Prevention Training Seminar for Project
Management, Contract Administration, and Legal Personnel of
a major U.S. oil company.
Tunnels
Performed schedule delay analysis, prepared an Expert
Report, and presented testimony at a DRB hearing on behalf
of the general contractor in a claim for a compensable time
extension and related damages against the owner on a
tunneling project.
Performed quality control and reasonableness review of a
schedule delay analysis for a tunnel-boring contract on the Los
Angeles metro subway project.
On behalf of the contractor, analyzed schedule delays in a $70
million dispute resulting from the construction of subway
tunnels which were delayed by over two years. Responsible
for identifying and apportioning delays.
Universities
Prepared and analyzed detailed as-planned and as-built
schedules to assist the owner defend against contractor claims
on a university dormitory project in Riverside.
Evaluated entitlements and prepared the claim analyses for
the contractor for a U.S. Coast Guard wharf at the Port of Los
Angeles. Analyzed entitlement issues and wrote Expert
Reports.
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Colorado
Served as a sole arbitrator in a dispute between a prime
(general) contractor and a grading subcontractor who were
engaged in the construction of a highway project located near
Dillon, Colorado. The issue involved was the subcontractor’s
alleged abandonment of the contract and the value of the
work subsequently taken over by the prime contractor.
Airports
Provided contract administration, schedule development,
schedule delay and damages analysis, and claim preparation
services for several contractors on the construction of
buildings and facilities at the new Denver International
Airport.
Performed schedule delay and damages analysis and prepared
the claim document for the electrical subcontractor on the
glycol recovery project at Denver International Airport. The
claim was prepared as a pass-through claim to be submitted
through the general contractor’s surety to the project owner.
Apartment Buildings
On behalf of a drywall and painting subcontractor, provided
analysis and quantification of schedule delay, labor
productivity loss, and other damage resulting from change
orders on a commercial facility in Colorado. Prepared and
submitted an Expert Report. Parties settled prior to
arbitration.
Prepared a claim on behalf of a local contractor for delays,
impacts, and cost overruns experienced during construction of
a multiunit apartment complex.
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Prepared a contractor’s claims for delays, impacts, and cost
overruns experienced during construction of a multi-unit
apartment complex.
CPM Schedule Preparation and Updating; Church
Prepared a contractor’s baseline schedule and schedule
updates for the construction of a $5 million church and related
site work.
Chemical Plants
Prepared an owner’s claim against an engineering &
construction management firm which 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.
Condensate Plant
Performed an analysis of an owner’s errors and omissions
claim against the design contractor on a condensate plant
project.
Condominium Complexes
Prepared a claim involving total cost reconstruction and
damages analysis for a resort condominium complex.
Damages expert for a material manufacturer vs. a general
contractor, regarding alleged defects and repair costs on a
large condominium construction project. The engagement
comprised the evaluation and rebuttal of the plaintiff’s costs
and damage allocations to the parties, the preparation of
alternative damages quantifications based upon several
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different causation and entitlement theories, and expert
testimony.
Performed schedule delay analysis, damages analysis and
prepared Expert Reports for the mechanical subcontractor on
claims against the general contractors and owners on two
condominium projects in Winter Park and Avon.
Contract and Procedures Reviews; Roads, Highways & Bridges
Assisted an owner's construction manager in the analysis of
schedule delay and productivity loss claims submitted by a
design-build contractor for the engineering and construction of
a roadway project in Colorado. Parties settled prior to
arbitration.
Contract and Procedures Reviews; Wastewater Treatment Plants
On behalf of the contractor, developed and evaluated
alternatives for the modification of a large wastewater
treatment plant. The work focused on the identification and
evaluation of project risks and cost/schedule impacts
associated with each of several design/construction
alternatives.
Cost Estimate Reviews; Airports
Performed bid estimate review and an evaluation and critique
of civil work including mass cut, haul and fill operations at the
Denver International Airport.
Cost Estimate Reviews; Hospitals
Provided cost management services on four major hospital
projects. Total value of the projects was approximately $300
million. Responsible for preparing cost report updates and
forecasts, based on approved invoice and cost information, for
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each project on a monthly basis. Met with corporate and
hospital administration to review monthly cost status. Also on
a monthly basis, met with corporate accounting to review and
reconcile any cost variances. Assisted corporate and hospital
administration during project audits and in resolving any cost
issues.
Cost Estimate Reviews; Mineral Processing Plants
On behalf of the owner, developed cash flow economic
evaluation computer models and prepared capital and
operating cost estimates and economic analyses used in the
negotiation of the $1.1 billion project loan guarantee for the
Colony Shale Oil Project.
Earthwork and Underground Utilities
Performed damages and schedule analyses for a contractor in
a $1.3 million dispute with its earthwork and utilities
subcontractor. Submitted an Expert Report which asserted
$300,000 in damages and defended a $1 million counterclaim.
Prepared all damages and schedule analyses and provided
testimony in both deposition and arbitration. The contractor
received a favorable award.
Gas Turbine Generator
Provided dispute resolution services for a general contractor in
defense of $2.5 million in assessed liquidated damages by the
owner of a power plant. Evaluated contemporaneous project
records to identify project impacts. Identified and quantified
critical path delays and lost productivity impacts caused by
the late delivery of equipment and materials, late responses to
RFIs, and last minute changes by the owner’s
turbine/generator supplier on a new power plant project. Used
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retrospective CPM schedule delay analysis methodology to
demonstrate delays caused by the identified impacts. CPM
schedule delay analysis successfully supported general
contractor’s defense against owner’s assessment of liquidated
damages against general contractor. General contractor and
owner ultimately reached a negotiated settlement.
Glass Bottle Plant
Performed an analysis of a contractor’s delay and loss of
productivity claim against a Finnish equipment supplier
providing a design build materials handling facility for a glass
bottle manufacturing plant. Analyzed the contractor’s
schedules, alleged changes to its scope of work, and cost
records supporting its labor cost overruns. The case was
resolved in arbitration in favor of the client equipment
supplier.
Hotels
On behalf of a schedule delay consultant, reviewed its Expert
Report regarding a claim on a hotel construction project and
testified in arbitration regarding the thoroughness of the
consultant’s work and the costs it billed.
Prepared a delay claim on behalf of an electrical contractor for
a remodel of a upscale hotel in Aspen.
Prepared a Request for Equitable Contract Adjustment for
additional compensation for an electrical subcontractor to
recover compensable cost overruns experienced on the re-
model of the Snowmass Westin Resort. This request resulted
from a Project that experienced a 104 percent labor-hour
overrun due to excessive and untimely changes to the
electrical scope of work, subsequent lost productivity, stacking
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of trades, out-of-sequence work, additional work, and re-
designed work during a thirty-seven week construction
duration.
Housing
Performed schedule delay analysis and negotiation for the
Denver Housing Authority in defense of claims submitted by
the general contractor for the renovation of the old YMCA
building into low-income housing.
Calculated $5 million in direct and consequential damages
incurred by an owner due to the late and defective
construction of a housing development.
Hydroelectric Power Plants
On behalf of the contractor, prepared a schedule analysis and
claim on the assembly of turbine generators on a hydroelectric
power plant project. Participated in mediation to resolve the
dispute.
Microchip Facilities
Prepared an electrical contractor’s claim involving engineering
delay, errors and omissions resulting in work arounds and
construction delays on the installation of Life Safety Systems,
and Instrumentation and Control Automation on a Silicone
Chip Plant and Cleanroom Facility located in Colorado Springs.
Performed a schedule analysis of delay impacts due to
engineering rework and added change order work, causing
schedule compression and acceleration with trade stacking,
over manning of crews with a shortage of qualified labor
causing productivity loss due to overtime fatigue, lack of
coordinated drawings, late material delivery, and substandard
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supervisory management and cost controls by the
construction manager.
Mineral Processing Plants
On behalf of a prime contractor, provided technical,
scheduling, loss of productivity, and damages analyses in
regard to a $30 million dispute related to the engineering and
construction of a high-grade gold processing facility. Prepared
the prime contractor's claim, reviewed and prepared a pass-
through claim for the mechanical subcontractor, and evaluated
the Owner's counterclaim. Evaluated the status of design at
contract award, the quality of Owner-supplied equipment, the
accuracy of the contractors' bid estimates, and the
responsibility and impact of numerous design and construction
changes, as well as other issues. Evaluated and apportioned
responsibility for delay, disruption, and damages amongst
multiple parties. Quantified disruption resulting from cold-
weather work, overtime, crowding, shift work, and the
cumulative impact of changes. The parties settled prior to
court proceedings.
Mixed-Use & Retail
Provided schedule and damages analysis services and
prepared a $1.2 million claim for a contractor that built a
grocery store. Responsible for auditing and recoding invoices
and timesheets, preparing a cost variance analysis and
calculating damages, recreating the as-built schedule, and
identifying and apportioning delays.
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Parking Structure
Prepared a report, damage analysis, and schedule analysis on
behalf of a subcontractor for a $450,000 change order on the
construction of a parking structure with post-tensioned
structural concrete. Prepared an as-built “but-for” schedule
analysis and calculated claimed costs.
Pipeline and Compressor Station Projects
On behalf of the owner, prepared an Expert Report regarding
the potential impact on the surrounding area caused by the
construction and operation of a compressor station project.
Analysis of an electrical and instrumentation subcontractor’s
claim on behalf of the EPC contractor regarding a compressor
station project. Assessed allegations of schedule impact and
acceleration, and prepared an Expert Report that challenged
the claims made by the subcontractor’s expert.
Prisons
Performed schedule delay analysis, damages analysis,
preparation of expert’s report and presentation of testimony in
deposition for the general contractor’s surety in defense of a
claim submitted by the electrical subcontractor on the
construction of a correctional facility in Arapahoe County.
Prepared an Expert Report regarding disputed change orders,
delay, and project management performance on an expansion
of a county jail.
Prepared a contractor’s $250,000 change request for delay
and disruption associated with structural, mechanical, and
electrical design changes in the construction of a correctional
facility.
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Project Performance Reviews; Airports
Provided project management and control services for the
contractor providing Fire Alarm and Voice Paging Systems
work on Concourses A, B, and C, the Airport Office Building,
and the Terminal Complex at the Denver International Airport
(DIA). Assisted client in cost control monitoring, schedule
interfaces, change negotiations, and problem resolutions on a
$12 million contract. Prepared financial and schedule analyses
for the project and interfaced with the Project Management
Team (PMT) for monthly pay applications and resolution of
issues. Assisted in the client’s successful settlement of $6
million of outstanding changes with the owner due to
unexpected changed conditions and third party contractor
interference.
Project Performance Reviews; Other Government Buildings
Conducted an independent audit of the program’s fiscal year
schedule performance and reported earned value for work
completed at the U.S. Department of Energy’s Rock Flats
Environmental Technology Site (RFETS). Prepared an Expert
Report that was based on interviews with project planning
managers, and from an evaluation of information from the
baseline and current schedules. Presented the findings to
management.
Refineries
On behalf of the 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.
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Roads, Highways & Bridges
Assessed a claim from the Colorado Department of
Transportation, owner of the Eisenhower/Johnson Tunnels,
each two-miles long, two-lane Interstate Highway 70
regarding an alleged defective admixture used in the
fabrication of tunnel wall tile panels. Made recommendations
for and developed detailed arguments, based on cause and
effect, for causes other than a defective product as the
primary cause of the tile panel distress.
Independently interpreted specific representations made in
the bidding/contract documents regarding the subsurface
soil/rock interface within zones to be excavated for
improvements to an existing metro Denver, Colorado
Interstate highway interchange in support of the contractor’s
claim for differing site conditions.
Independently interpreted specific and implied representations
made in the bidding/contract documents and the contractor’s
pre-bid site investigation regarding drainage conditions to be
reasonably expected, and then compared those
representations to a collection of drainage reports and other
related data available to the owner and not made available to
the bidders nor the contractor during construction, all in
support of the contractor’s claim for misrepresentation and
superior knowledge by the owner, the city of Louisville,
Colorado.
Determined the responsible party for the cause of a viaduct
collapse, occurring during construction, onto existing
Interstate Highway 25 in Denver, Colorado, and testified at
trial in Federal Court.
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Prepared project schedule for the general contractor on a
highway construction project, analyzed delays, and prepared
written reports for time extension requests to project owner.
Testified in arbitration.
Provided schedule delay and damages analysis for the general
contractor on a highway improvement project.
Performed CPM scheduling, pay application, and dispute
resolution services for the owner of the E-470 Public Toll Road
Project in Denver. Tracked and monitored the general
contractor’s 5,500 activity CPM schedule that was cost and
resource loaded. Provided effective pay application payment
services by verifying and approving work performed by the
general contractor. Performed various special studies
regarding disputed pay items as well as the calculations of
projected future value of interest for disputed work.
Successfully worked with the contractor’s schedulers to
develop an effective procedure for schedule updates and
changes.
Defended against claims brought by the contractor on the
19th and 20th Streets HOV Project for the Denver RTD.
Analyzed and rebutted plaintiff’s claim, prepared alternative
quantum calculations, prepared an Expert Report, assisted in
discovery and deposition preparation, and provided expert
testimony during arbitration proceedings.
Evaluated a contractor’s claim for disruption and delay as well
as the increased costs associated with the installation of
underground utilities and street modifications for an
infrastructure improvement project.
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Schools
On behalf of Denver Public Schools (DPS), provided CPM
schedule and cost analysis and dispute resolution services that
defended against unsubstantiated general contractor claims
that exceeded $3 million. Participant in the DPS dispute
resolution team that resulted in the successfully negotiated
settlement of all general contractor claims at a significantly
reduced amount.
Stadium; CPM Schedule Preparation and Updating
On behalf of the electrical contractor, reviewed the CPM
schedule prepared for the construction of the electrical work
on the new Denver Broncos Stadium
Training Seminars
Provided Claims Prevention Training Seminar for Project
Management and Contract Administration Personnel of the
National Electrical Contractors Association in Colorado.
Provided scheduling and schedule delay analysis training for a
large national electric contractor.
Training Seminars; Mineral Processing Plants
Provided Claims Prevention Training Seminars for a Mineral
Processing Engineering firm in Denver, Tucson, and Mexico
City. Recommended clauses to resolve potential
inconsistencies, ambiguities, and conflicts. Prepared clauses
for cost and schedule control procedures.
Universities
On behalf of the mechanical contractor, analyzed a $1.5
million claim on a new university classroom building project.
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Waste Shipping Facility
Provided an independent analysis and evaluated subcontractor
change orders for the construction of the Building 440
Addition, TRU Waste Shipping Facility. In addition, prepared
budget estimates for the construction of a Gas Generator
Testing System and for the installation of the TRU waste
container lid stands.
Wastewater
Treatment Plants
Provided schedule delay and damages analysis, and prepared
an Expert Report and a rebuttal report for the general
contractor in a claim against the owner on the construction of
a new wastewater treatment facility.
Montana
Cost Estimate Reviews; Coal-Fired Power Plants
Performed an audit of the reclamation procedures and costs of
a western coal producer/supplier for a major central U.S.
power company.
Other Government Buildings
Provided litigation support including an evaluation of a general
contractor’s claim against its subcontractor for alleged
schedule delays and damages related to the construction of a
civil engineering complex on an air force base.
Pipelines
On behalf of the owner, evaluated a horizontal directional
drilling contractor’s plan as well as its actual execution of a
drilled crossing of a creek and wetland area and provided
expert testimony (at deposition) related to the plan, the
execution, recommended guidelines, industry standards, and
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liability for the breach of an existing pipeline, the resulting
release of product, and the damage to the environment.
Prisons
Performed claims analysis, construction oversight, contract
administration and expert testimony for a surety involved in
the mechanical installations on a prison project.
Water Distribution Pipeline
Retained by an architectural design firm to defend against
claims brought by a contractor for cost overruns and delays on
a water distribution pipeline project.
Nevada
CPM Schedule Preparation and Updating; Nuclear Waste Storage Facility
Developed CPM schedule on a U.S. Department of Energy
nuclear waste storage facility construction project for an
international heavy civil contractor.
Earthmoving, Concrete, Utilities, and Heavy Civil Construction
Prepared a $30 million claim for an international construction
company on a heavy civil construction project.
Fire Stations
On behalf of the architect, prepared an Expert Report
regarding design changes, delay, contractual responsibilities,
and damages involving a dispute between the architect and
the general contractor on the design and construction of three
new fire stations.
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Mineral Processing Plants
In an International Chamber of Commerce, International Court
of Arbitration, provided deposition testimony on schedule
delay, loss of productivity, cost reporting, extra work, and
damages claims of $50 million on the construction of a $150
million Refractory Ore Treatment Plant. The case was settled
in arbitration with the defendant client paying no damages.
Assisted equipment supplier in defending against a $10 million
claim by the owner of a gold mine. The project involved the
design and construction of a prototype gold ore processing
plant. The owner sought recovery of costs associated with
alleged breaches by client resulting from late and deficient
proprietary engineering information, late delivery of
proprietary equipment, and failure of equipment to perform as
specified. Case was settled during arbitration with client
paying no damages.
Other Government Buildings
Provided dispute resolution services to a general contractor in
support of a $25 million claim on the construction of the
Hoover Dam Visitor Center and Parking Structure. Responsible
for the research and evaluation of the contractor’s issues for
RFIs and change orders in support of the legal effort to
prepare a breach of contract claim. Developed narratives,
tables, graphs and schedules that summarized and
demonstrated the level of issue caused impacts on
construction. Assisted with evaluating the variances between
the Project Adjusted As-Planned Schedule and the As-Built
Schedule. Conducted damages analysis and prepared the
concrete supplier’s claim.
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Prisons
Prepared and analyzed estimated quantities and costs of
pending work. Evaluated alleged deficiencies against a
contractor’s surety for a regional criminal justice facility.
Designated as a construction cost expert witness.
Provided supporting constructability analysis on a criminal
justice facility. Analyzed delays and causal facts, contract
document errors, and sequencing of construction activities.
Roads, Highways & Bridges
Provided cost and CPM scheduling services on a City of Las
Vegas Traffic and Communication project. Developed and
monitored resource-loaded completion schedules for the
remaining work. Performed a retrospective CPM schedule
analysis to prove change order impacts to the critical path of
the project. Used activity-based costing techniques to
appropriately allocate extended corporate and project
overhead costs due to a 6-month suspension period.
Performed productivity studies and provided resource and cost
projects used for cash flow and cost-to-complete purposes.
Successfully performed change order pricing and negotiations
($750K) with the owner for numerous design impacts.
Oregon
Gas-Fired Combined Cycle Power Plants
The project involved disputes between the owner, main
contractor, and joint venture power island equipment supplier
regarding damage to the combustion turbine (CT) caused by
through projectiles in the power stream. The multi-party
dispute involved both contract and insurance claims for delay,
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disruption, liquidated damages, and direct damage reparation
works to the CT start-up operations. Management of claims
team engaged to consult on both the contract and the
insurance claims for the main contractor which involved delay,
disruption, and damages analyses for a series of settlement
negotiations and mediation. Ultimately the completion of the
damaged CT works had to be factored into the process and
the plant restored to full operational capability. Settlement
talks were ultimately successful and formal litigations
proceedings were avoided.
Roads, Highways & Bridges
Analyzed a claim asserted by a general contractor who was
engaged in the rehabilitation of a two-deck vertical lift bridge
and construction of two land approaches. The project was
located in downtown Portland, Oregon. During construction,
the lower level of the bridge required continuous bridge
operation for railroad traffic. The upper level was to be used,
after reconstruction, for both light rail and highway traffic.
Issues involved included unknown characteristics of the
existing steel, design changes, and the resulting delays and
cost impacts.
Steel Mills
Performed entitlement and schedule analysis on a $60 million
dispute arising from a steel mill expansion project. Reviewed
RFIs, drawing changes, and change orders to identify and
apportion schedule impacts.
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Washington
CPM Schedule Preparation and Updating; Food Processing Plants
Developed a 1,200-activity master schedule for a new $98
million sugar beet refinery project. Established the work
breakdown structure for the project. With the corporate
accounting department, developed the cost code of accounts.
Integrated the master schedule activity coding and breakdown
with the coding and breakdown created for the job cost
system. Prepared graphics and summary schedules for
presentation at public and Board of Directors’ meetings.
Electrical Substation
On behalf of the contractor, analyzed schedule delays on a
naval facility electrical substation project including: outage
delays, switchgear design deficiencies, SCADA design
deficiencies, and ground mat deficiencies.
Paper Plants
Performed an analysis of a Swedish contractor’s delay and
disruption claim involving the design and construction of a
pulp and paper mill.
Roads, Highways & Bridges
Served as chairman of a three-member Dispute Review Board
panel for a contract segment of Interstate Highway 90 across
Mercer Island, Washington. The contract work required
construction of roadway and paving, exit ramps and bridges,
utility relocations, lighting and signage, and concrete roof
covers (for noise abatement and to be subsequently
landscaped) over the roadway segments.
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Sealift Waterflood Project
Developed cost estimates for all change orders impacting the
Lower-48 field budget for EPC contractor on a Sealift
Waterflood Project. Provided support to the owner in
determining the estimated engineering and construction costs
for potential changes to the structural, mechanical and
process systems designs.
Universities
On behalf of the electrical contractor, prepared a $1.2 million
delay and disruption claim on a new university classroom
building project.
Wyoming
Airports
Performed on behalf of the owner an evaluation of the
contractor’s claim on a new airport terminal building project.
Gas Plants
On behalf of the owner, evaluated its claims against the
engineering and construction contractor for defects in its
installations and late completion of the work. Prepared an
Expert Report, but the case settled before the arbitration
hearing.
Natural Gas Liquids (NGL) Plants
Provided analysis regarding schedule delay and cost overrun
issues on a NGL processing project involving construction of
central process and satellite facilities. The analysis work was
performed on behalf of the owner to identify the magnitude
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and compensability of potential affirmative claims against the
prime contractor.
Post Office Buildings
Evaluated entitlement and prepared damage analyses for the
contractor for a main post office. Prepared financial analyses
and wrote Expert Reports.
Refineries
On behalf of the 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 to not pay part of
the costs due to an alleged agreement to cap the Project
Management costs and Fee.
Roads, Highways & Bridges
On behalf of the Wyoming Department of Transportation,
evaluated the contractor’s delay and extended overhead
claims on a structural steel bridge and anchored retaining wall
project. Evaluated whether or not there was a reasonable
basis for terminating the contractor.
Provided litigation support and expert witness testimony (at
deposition), including determination of recoverable damages
related to the construction of a national forest access road.