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.

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.

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

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.

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.

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.

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

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

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.

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.

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.

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.

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

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

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

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

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

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.

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.

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.

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.

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.

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.

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

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.

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.

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,

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.

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.

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

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.