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Petroleum - Natural Gas Engineering Expert Witnesses: 3

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Derek B. Gilboe, PE, PEng, CEng MIEI a Metallurgical Engineer with over 30 years of experience, focuses on asset integrity using knowledge of metallurgy, materials, and processes in multiple industries on four continents in environments from arctic to desert in onshore and offshore conditions. He brings extensive knowledge in standards and regulations relating to Oil and Gas Piping and Pipelines.

Mr. Gilboe has experience with operators, service providers, and consultants on projects ranging from $100k to over $5 billion. His specialty has been midstream and piping, focusing on forensic engineering, integrity engineering, and failure investigations.

Litigation Support - Mr. Gilboe provide analysis and opinions for legal cases and is open to any client requiring expert witness services for a legal case or an organization requiring fractional engineering services. He can explain complex engineering concepts, principles, methods, and standards in a clear and understandable way. He analyzes, evaluates, and verifies engineering evidence, such as documents, drawings, calculations, tests, experiments, simulations, or models and provides independent and objective opinions on the engineering aspects of a case, such as causation, liability, damages, or remedies.

Areas of Expertise:

Energy
Oil and Gas
- Pipelines (Gathering, Transmission, and Distribution)
- Downstream (Refining, Gas Processing, Storage, and Chemicals)
- Onshore, offshore, desert and arctic conditions
Forensic Engineering
Metallurgical Engineering
Welding Engineering

Design Errors
Product Failures
Construction Defects
Manufacturing Defects
Failure Investigations
Commerical disputes involving technical matters
Energy and construction site safety

• Derek B. Gilboe's Curriculum Vitae

• Expert Witness Services

• Engineering Services

• Welding Services

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Florida Office:
Andrew Avalon, PE, PSP
Chairman & CEO
8633 Willow Kane Court
Orlando, FL 32835
aavalon@long-intl.com
T: (407) 445-0825 F: (407) 650-3399

Long International provides expert engineering and construction claims analysis, expert testimony, project management consulting, and insurance claims analysis services. We focus on projects in the following industries: building and construction; gas, gasification, GTL, LNG, and NGL; industrial and manufacturing; mineral and mineral processing; offshore oil and gas; oil sands; pipelines and utilities; power; refineries, petrochemical, and chemical; transportation; and water, wastewater, dams, and marine. We analyze claims, not limited to, disputed change orders, schedule delay, acceleration, time extensions, liquidated damages, loss of productivity, defective specifications, and deficient project management performance.

Richard J. Long, P.E., P.Eng., Founder of Long International, has over 50 years of U.S. and international consulting experience involving construction contract disputes analysis and resolution, arbitration/litigation support and expert testimony, project management, engineering/construction management, cost and schedule control, and process engineering. As an internationally recognized expert in the analysis and resolution of complex construction disputes for over 35 years, Mr. Long has served as the lead expert on over 300 projects having claims ranging in size from US$100,000 to over US$2 billion. He has presented and published numerous articles on claims analysis, entitlement issues, CPM schedule and damages analyses, cumulative impact claims, and claims prevention.

Rod C. Carter, CCP, PSP is President of Long International and has over 20 years of experience in construction project controls, contract disputes and resolution, negotiations, mediation, arbitration support, and expert testimony on scheduling, loss of productivity, and quantum issues. He has experience in entitlement, schedule, and damages analyses on over 30 construction disputes ranging in value from US$100,000 to US$7 billion, related to oil and gas, oil refinery, LNG, heavy civil, nuclear, environmental, chemical, power, industrial, commercial, and residential construction projects. Mr. Carter specializes in loss of productivity, cumulative impact, and quantum calculations, and had a lead role in assessing damages on more than a dozen major disputes. In addition, Mr. Carter has developed cost and schedule risk analysis models using Monte Carlo simulations to address the uncertainty of estimates and claims.

Scott M. Francis, P.E., PSP is a Vice President of Long International and has over 20 years of experience in project management, contract disputes analysis and resolution, CPM schedule preparation, execution, and analysis, productivity analysis, contract administration, design engineering, construction management, and government contracting. He provides schedule development and assurance services, cost estimating, and claims analysis services on projects for both owners and contractors. Specific responsibilities include CPM development and reviews, CPM schedule delay and acceleration analyses, change order impact analysis, issue identification, correlation of impacts to schedule activities, and productivity evaluations.

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8/18/2025 · Construction

Construction Problems With Mandatory Start And Finish Constraints

By: Long International

A critical path method (CPM) schedule or programme is a dynamic planning tool that engineering and construction industry planners and schedulers commonly use to manage, coordinate, and forecast work activities based on activity durations and logic. It is paramount that a CPM schedule accurately calculate forecasted dates

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1/8/2025 · Construction

The Art of Construction Contract Correspondence

By: Long International

Correspondence on any construction project, irrespective of its size and value, is a crucial element of the contract administration process. To be effective, correspondence requires measured, complete, and structured management. However, project managers, contract managers, and administrators often fail to implement or even recognize simple basic guidelines

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7/17/2024 · Accident Investigation & Reconstruction

Demonstrating Entitlement For Contract Change Orders And Claims

By: Long International

The purpose of this article is to help contractors and owners better understand the hurdles that must be overcome to increase the likelihood of attaining a mutual agreement on contract changes that are experienced during any phase (engineering, procurement, or construction) of a project. To reach an agreement on the terms of a change order, it is paramount that the contractor convincingly demonstrate...

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3/11/2024 · Construction

Apportionment Of Indirect Costs To Significant Change Events

By: Long International

This article discusses the methods, concerns, and considerations for apportioning indirect costs in a dispute setting where the apportionment of indirect costs is necessary and when detailed actual indirect costs or indirect labor hour data assigned specifically to the underlying change that is being analyzed does not exist in the contemporaneous project records.

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12/4/2023 · Construction

Schedule Optimization During Front-End Planning

By: Long International

This paper summarizes the development and review steps of project plans and schedules during the front-end planning phases, including the critical phase of Front-End Engineering Design (FEED). The project milestones, resources, and completion dates established during FEED set the baseline control plan during project execution.

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7/22/2023 · Construction

Design Phase Risk Mitigation Tools And Methods

By: Long International

The design phases of chemical processing plant and other industrial projects contain many potential risks. This is especially true when the project is for the first-of-a-kind deployment of new technology or when the performing organization has not previously successfully completed a similar project.

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10/14/2022 · Construction

The "No Damages For Delay" Clause

By: Long International

Construction projects involve risks. A well-structured construction contract allocates certain risks to the party that is best able to control those risks. Delay is a common risk that construction contracts allocate. A delay may increase costs for owners, contractors, and subcontractors to complete a project.

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7/5/2022 · Construction

Assessment Of Problems Associated With Poor Project Management Performance

By: Long International

The purpose of this paper is to provide an explanation of the methodology and resources that Long International uses to arrive at its opinions on allocation of the responsibility for various problems, and the impact of those opinions on the parties’ entitlement to damages or extensions of the time of performance allowed under a Contract.

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4/28/2022 · Construction

Schedule And Delay Analysis Methodologies

By: Long International

The equitable allocation of responsibility for project delays is essential to the resolution of many construction disputes. Contractors frequently assert that they have been delayed for reasons beyond their control. Owners often remain unconvinced that the Contractor is legitimately

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11/4/2021 · Construction

Preserving Your Construction Claim Through Documentation

By: Long International

Sound contract administrative practice requires keeping records in an orderly fashion and periodically reviewing those records, as needs dictate. While preparing and maintaining documentation involves effort, ready access to factual data affords management a variety of benefits. Conscientious record keeping can preclude confusion and subsequent disagreements, and, therefore, can help to prevent claims

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7/5/2021 · Construction

Implementing Time Impact Analysis On Large, Complex EPC Projects

By: Long International

Changes can occur on almost every project and they often lead to delays and other negative impacts to the schedule and cost of a project. Large and complex engineering, procurement, and construction (EPC) projects are particularly susceptible to the negative impacts caused by changes. Changes can cause delay and disruption to engineering, procurement, fabrication, transportation and delivery

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5/17/2021 · Construction

Analysis Of Concurrent Delay On Construction Claims

By: Long International

Concurrent delay is a vexed and complex technical and legal issue. Construction contracts often do not expressly provide direction as to the parties’ agreement when there is concurrent delay. Most simply require the contractor to provide notice and specifics when an owner-responsible delay event occurs.

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11/25/2020 · Construction

Construction Contract Notice Letters

By: Long International

Most construction contracts require written notice for changes, differing site conditions, extra work, or other events which may affect the contractor’s time and cost of performance. The process of giving “notice” is vital to triggering the contract mechanisms that allow the contractor to pursue additional time and cost and to reserve its rights to recover for any unforeseen...

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10/21/2020 · Construction

COVID-19 Claim Management on Construction Projects

By: Long International

The COVID-19 pandemic has changed the internal and external project execution environments. The pandemic has caused impacts of varying degrees to nearly every aspect of projects involving the activity of people. Ordinary practices in the creation of project documentation are robust and are utilized to support the analysis of construction claims. Although project productivity losses may be demonstrable, providing compelling evidence and proof that the losses were caused by the pandemic may not be as easy to demonstrate.

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12/28/2019 · Construction

As-Built But-For Schedule Delay Analysis

By: Long International

An As-Built But-For Schedule Delay Analysis (ABBF) is a retrospective CPM schedule delay analysis technique that determines the earliest date that the required mechanical completion activity, project completion activity, or various milestone activities could have been achieved but-for the owner-caused compensable delays that occurred during the project.

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3/12/2018 · Construction

Proving the Cause-Effect Linkage

By: Long International

Contractor’s claim submittals and expert reports are often deficient in proving causation, i.e., the cause-effect linkage. These claims generally outline the owner-caused impacts and separately calculate quantum; however, the two are often not linked in any meaningful way. Most claims are settled prior to a decision by a panel, court, or board, and therefore these deficiencies are not made apparent. Yet, a well-prepared claim document which includes a persuasive and accurate causeeffect analysis can greatly improve the contractor’s chances of a successful recovery, either through negotiations or in arbitration/litigation. This analysis is difficult and often costly to prepare, and is therefore not performed in many disputes, which may be the reason why the claims fail.

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1/15/2018 · Construction

Project Team Motivators and Demotivators

By: Long International

The leader of a corporation or project is the individual who must ultimately be willing to take responsibility for results. Within the context of an organization or team made up of individuals, it is the collective performance of the individuals, as a team, that defines the results of the whole. While it can be said that the best motivation is internal motivation as opposed to external motivation, the leader is ultimately the one responsible for creating the conditions where motivation can thrive.

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11/13/2017 · Construction

Acceleration Claims on Engineering and Construction Projects

By: Long International

Time is money especially on engineering and construction projects. Because delays in the completion of the project usually result in increased owner, engineer, and contractor costs, the overall time of performance is vital to the financial success of the project. The importance of time is evidenced by the significant role played by CPM schedules, completion dates, and milestones in the bidding and awarding of engineering and construction contracts. The desire to minimize costs and the time of performance often causes the occurrence of acceleration.

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10/4/2017 · Construction

A Reasonable Method to Estimate Loss of Labor Productivity Due to Overtime

By: Long International

In the construction industry, it is largely agreed that overtime work adversely affects labor productivity. However, there is no universally accepted method for estimating the resulting loss of productivity, and many of the studies commonly used to estimate such losses have been subject to criticism by industry experts and the courts.

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8/2/2017 · Construction

The Collapsed As-Built Windows Schedule Analysis Method

By: Long International

The Collapsed As-Built Windows Schedule Analysis (AACE® International Recommended Practice 29R-03, Method Implementation Protocol 3.9) is a modeled, subtractive, multiple-base method. It is a retrospective CPM schedule analysis which is typically used to prove entitlement for compensable delay and assess concurrency of delay within a window of time. The analysis simulates the as-built conditions within a schedule window and then delays are removed from the CPM model. If the forecasted project finish date “collapses” but-for or absent compensable delays, then entitlement for compensable time-related costs can be demonstrated. This article addresses the usage of the Collapsed As-Built Windows protocol and the advantages and disadvantages of the methodology.

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9/27/2013 · Construction

Discrete Damages/Cost Variance Analysis Method for Quantifying Damages in Construction Claims

By: Long International

The "discrete damages/cost variance analysis method" for quantifying construction claim damages involves the specific distribution of all costs incurred on the project rather than quantifying only certain parts of the cost or damage analysis as may be used in the other methods.

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9/4/2013 · Construction

Developing Subcontract Pricing As Applied to Building Construction

By: Long International

ABSTRACT - This paper provides guidelines to commercial construction cost engineers for the development of a plan for obtaining and utilizing subcontractor cost information for use in bidding, procurement, scheduling, change order management, and claim management. The paper is based upon personal field experience gained in cost engineering, scheduling, bidding, planning, contracting, and claim analyses.

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8/13/2013 · Construction

Construction Claims For Variation in Quantity

By: Long International

A component of a construction claim often relates to the cost, quantity, and quality of the materials that the contractor installed on a project. The contractor frequently purchases these materials and agrees to install the quantities of materials on a unit price basis, i.e., a unit price that includes both the cost of the materials and the cost to install them.

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12/17/2012 · Construction

The Importance and Value of "Notice" Provisions in Construction Contracts

By: Long International

Most construction contracts, whether they are standard or customized forms, usually contain specific provisions related expressly to the process of giving "notice." The notice generally refers to an obligation on the part of the Contractor to notify the relevant party administering the contract, normally the architect, resident engineer, or owner's representative, of a claim or change event that gives rise to possible additional entitlement for time and/or cost.

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4/13/2012 · Construction

Construction Disputes: Schedule and Delay Analysis Methodologies

By: Long International

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Harold E. McGowen, III, PE, is a proven authority in Oil and Gas exploration and development. As an engineer and businessman with 40+ years of experience building and leading oil and gas companies, he provides technical acumen, clear communication, and industry knowledge in cases involving trade secrets, patents, securities, operational failures, and safety.

Expertise in Trade Secrets and Patents

Harold has testified in numerous intellectual property disputes involving downhole tools, hydraulic fracturing, and drilling technologies.
His ability to evaluate technical designs and assess claims of patent infringement or trade secret misappropriation is grounded in decades of hands-on industry experience and as an expert on numerous patent cases.
He links technical insights to business and legal outcomes, delivering fact-based conclusions that resonate with courts and juries.

Securities Litigation Proficiency

Harold’s expertise includes evaluating whether companies accurately represented reserves, operational performance, and development strategies to investors.
His testimony has been instrumental where overstated reserves or misleading economic projections were alleged, focusing on adherence to reasonable claims and industry best practices.

Broad Litigation Experience

Harold has provided expert testimony and litigation support in over 40 cases, addressing issues such as operational failures, safety lapses, and intellectual property disputes.
He consistently ties technical findings to best practices and organizational responsibilities, ensuring clarity and relevance for legal audiences.

Leadership and Innovation

As CEO of oil and gas operating companies, Harold led multimillion-dollar projects, optimizing drilling and completion strategies and ensuring compliance with industry standards.
He has authored technical papers and presented on topics including hydraulic fracturing, drilling optimization, and project management.

Harold’s unique combination of technical expertise, hands-on experience, and litigation support experience ensures clear communication with attorneys, judges, and juries. For trade secrets, patents, securities disputes, or operational safety cases, Harold E. McGowen III, PE, delivers clarity, credibility, and results.

View Harold McGowen's Business Consulting Profile.

• Harold McGowen's Curriculum Vitae