Ole E. Haaland, PE, has thirty four years experience in Power Production, Design, Construction, and Commissioning, with 30+ years managing people and projects. Mr. Haaland's experience is in conventional, nuclear, and alternate fuel power plant mechanical and electrical systems. He has performed as Project Manager, Construction Manager, and Commissioning Manager for several Greenfield power projects.
Mr. Haaland held a senior reactor power operator's license and a number of senior engineering positions at the New York Power Authority prior to joining ANNA. Mr. Haaland received his BSME from the New York Institute of Technology and is a registered professional engineer in many states. He was recently elected to the EGSA Board of Directors for 2015-2017.
Litigation Support - Ole Haaland conducts root cause analysis investigations for counsel representing Plaintiff and Defense. When needed, he provides expert witness testimony for power plant design, construction, and operational failure issues and for parties involved in contract disputes.
Geoffrey Beresford Hartwell is a Chartered Engineer who practices as an Arbitrator, Adjudicator and Expert for Determination. Geoffrey is the former Senior Partner of Consulting Mechanical and Electrical Engineers BHA Cromwell House.
A one time Chairman of the Expert Witness Society, Geoffrey Hartwell has experience giving evidence in court (in both civil and criminal matters) and in International Arbitration. He sometimes is retained as a Single Joint Expert or as a Tribunal Expert. His services are offered to both Plaintiff and Defense. Even when retained on behalf of a Client he, like all Experts, has an overriding responsibility to the Court or Tribunal.
After his early career in aerospace and nuclear energy, Geoffrey entered private practice in association with the late Leslie Heap and Gerald Lewis of Heap and Digby, Consulting Engineers, in 1969. While with them he designed water and sewage equipment and also the bascule moving machinery for the Lowestoft Bridge, in Suffolk. He practiced also as Beresford Hartwell and Associates and, in 1971 established a separate office in Wallington, South London.
In parallel with his design career, Geoffrey was first appointed as arbitrator in 1972 and his first foreign arbitration, an ICC appointment in Switzerland, took place later that year. He studied Law to Intermediate level and then transferred to the examinations of the Institute of Arbitrators (now Chartered) of which he became Chairman in 1996-1997 and for whom he taught in various countries on several courses, including the prestigious Diploma in International Commercial Arbitration.
Electrical Engineering and Design
Mechanical Engineering and Design
Automation and Computer Control Systems
Maritime and Infrastructure Engineering
Solid Waste Handling
Moving Bridges and Lock Gates
Construction Project Management
Water and Waste Water Treatment
Arbitration: Geoffrey Hartwell also acts as an arbitrator and adjudicator, as an expert mediator and conciliator, as an expert investigator and assessor for arbitral tribunals, and also as a Special Referee in the High Court of Justice of the Isle of Man. His services have been required in the UK and internationally.
Dispute Boards: Geoffrey Hartwell has experience both as Member and as Chairman of Dispute Boards?. He has been a member of Dispute Boards, retained from the beginning of a project or, alternatively, appointed on an ad hoc basis when a problem arises, Dispute Adjudication Boards to determine a binding decision, and on Dispute Review Boards to make decisions that are advisory but not binding.
Adjudication: Similar to arbitration, Mr. Hartwell adjudicates domestic and international disputes which are only temporarily binding unless otherwise agreed upon by the parties.
International Commercial Arbitration, the chosen basis of the annual Willem Vis Moot, is arguably not au fond a process at law. It is quite simply the performance of an agreement between two parties to have a chosen third party hear and determine some difference between them.
Over 35 years of experience in Mechanical / Structural Engineering & Design, Failure Analysis, Product Liability, Industural Asbestos,Pressure Vessel & Boiler analysis and evaluation of mechanical and structural components.
Extensive trial experience. Has been involved in multi-million dollar cases. Areas involved included:
Roger W. Griffith, P.E. has over 37 years of experience as a registered professional Mechanical Engineer in the design, maintenance, and operation of mechanical systems (Plumbing, HVAC, and Fire Sprinkler Systems). As the principal of Griffith Engineering & Consulting for 23 years, his design experience with commercial and industrial projects includes convention centers, schools, office buildings, condominiums, apartment buildings, hotels, churches, manufacturing facilities, medical buildings, restaurants, historic buildings, dormitories, fire halls, and maintenance facilities.
Litigation Support - Since 2002, Mr. Griffith has been providing forensic engineering, consulting, and expert witness services that are thorough, credible, and timely. He also assists clients through the mediation and arbitration process. His expert testimony is based upon independent and impartial investigation, research, analysis, and testing. His services include written reports and the preparation of exhibits. Mr. Griffith's expertise is available to plaintiffs and defendants on the issues of plumbing, mechanical, and fire sprinkler system defects and failures.
His specific areas of expertise include hot water scalding, carbon monoxide poisoning, and legionella. Mr. Griffith has served on numerous codes and standards committees related to areas, including the NFPA 54 Fuel Gas Code, the ASSE Scalding Awareness Task Group, the Uniform Codes' Legionella Task Groups, and the ICC Plumbing/Mechanical/Fuel Gas Code Action Committee.
He is a Registered Professional Engineer in Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Minnesota, Mississippi, Missouri, New York, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, and Virginia.
Florida Office: Andrew Avalon, PE, PSP Chairman & CEO 8633 Willow Kane Court Orlando, FL 32835 email@example.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.
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.
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.
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
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
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
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.
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...
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 entitled to a time extension or delay, acceleration and loss of productivity damages.
Neil K. Earnest, PE, is the President & Chairman of the Board of Muse, Stancil & Co. with over 35 years of Energy Industry experience. Mr. Earnest provides customized consulting services to the downstream energy industry, focusing on offering an integrated combination of technical and business expertise.
As a consultant, Mr. Earnest has worked on a broad range of assignments in the downstream sector around the world. His experience with the Canadian crude oil markets is extensive. Prior to joining Muse in 1991, Mr. Earnest was with Phillips Petroleum Company for 11 years in a variety of refinery and headquarters positions.
Mr. Earnest holds a B.S. in Chemical Engineering from Michigan State University and an M.B.A. from University of Houston – Clearlake. He is a licensed Professional Engineer in Texas.
Litigation Support - In addition to his industry consulting engagements, Mr. Earnest has provided expert testimony in international and domestic arbitration, U.S. Federal court, U.S. state court, and the English High Court of Justice. He has also provided extensive expert testimony in regulatory proceedings in front of the National Energy Board of Canada, the Federal Energy Regulatory Commission, and U.S. state regulatory agencies.
Mr. Earnest has been deposed and/or testified in over 45 cases. His services are available to attorneys for both plaintiff and defendant and include thorough reporting, deposition, and trial testimony as needed.
POWERPLANT Specialists, LLC., (PPC) is a technical services company providing highly specialized support services for Industrial Power Generation Systems, Cogeneration and Combined Cycle Power Plants. PPC specializes in Design, Performance, Forensics, Construction, Design Defects, Cost Analysis for Lost Operations, Maintenance, and Repair. PPC has extensive international experience and is OSHA Lockout / Tagout Certified. Areas of Expertise
Marine Propulsion - Conventional / Alternative Fueled Systems