Puhoi to Warkworth Motorway
Location: Auckland, New Zealand
CCi provided Independent delay expert service for the Contractor. The project was delivered through Public-Private Partnership between the New Zealand Government and the Northern Express Group (NX2) to design and construct a four-lane highway with a central median safety barrier. The motorway is approximately 18.5 kilometres. CCI provided an independent review report assessing the delay and recovery periods following multiple covid rated delay and disruption events along with other major landslide issues.
Bruce Highway – Cairns Southern Access Corridor – Stage 3
Location: Cairns, Australia
CCi was engaged by the consortium contractor to review the collaborative project agreement (Contract), recommend a mechanism for time extension under the Contract, and assess the Contractor’s submitted extension of time and associated costs claim. The collaborative project agreement was a bespoke contract that is unique for the project and was not aligned with any of the common standard forms of contracts. CCi’s team developed a risk allocation matrix for the project and created flow charts for the contractual obligations in terms of extension of time notices and claims.
Tamworth 330KV Capacitor Banks and SVC Works
Location: Tamworth, Australia
CCi was engaged by the Subcontractor responsible for all civil and concrete works, to assess the contractual position in terms of extension of time entitlement and to produce a consolidated extension of time along with associated costs claim. CCi produced a compelling claim document that enabled the Subcontractor to recover over 80% of its claimed prolongation costs with an opportunity to negotiate the remainder. CCi’s experience was fundamental to the demonstration of the entitlement, production of the supporting evidence, and the negotiation of the settlement.
Location: North Sea
A Semi-Submersible brown field project, consisting of the conversion of a large exploration vessel to a production vessel overran in time and in money. As expected in the conversion of a 25 year old structure that has spent its life at sea, many variations and changes were required that had not been foreseen after the initial survey. Weather, changes and general delays led to a significant dispute. Appointed as experts in quantum the role was to present an independent report to the Tribunal. Once the expert report was produced the claimant conceded sufficient elements of their claim that a settlement for a third of the initial claim was agreed.
Location: Latin America
Two FPSO’s were constructed at yards in Central America and fitted out in ports in Latin America. The Projects overran in both time and cost, resulting in claims exceeding US$1bn. Detailed quantum investigations were undertaken, tens of thousands of cost files in multiple languages were analysed, and a final figure presented for Arbitration. Then at a New York venue, expert evidence was given and was well received by a panel of three international arbitrators.
Manufacturing / Heavy Industry
Following a large explosion and subsequent fire at a chemical manufacturing plant CCi was appointed by insurers to assess the duration of repairs required to restore the plant to its pre-loss production capacity. CCi’s analysis identified a number of additional construction activities in the rebuild timeline that were not required to repair the property to the condition it was in prior to the loss and amounted to an improved design of the plant.
Oil & Gas
At the procurement stage of an Oil Sands Project, worked with the Owner’s Supply Chain and Legal departments over two years to prepare requests for proposal and draft, negotiate and resolve construction contracts.
Process Plant (acetic acid, CO & VAM)
Location: Saudi Arabia
Expert advisor – visiting the site in 2009/2010 and reviewing the Primavera critical path schedules to assess their reliability. Advising the on-site planning department on project controls techniques. Successfully assisted the MEIP sub-contractor to negotiate acceleration payments in 2010. 5,000 workers on site.
Post-tender advice to specialist contractor on FIDIC Yellow Book 1999 provisions as amended by particular conditions regarding schedule of prices, change and valuation of change prior to executing contracts.
CCi was appointed by the tunnelling subcontractor as quantum expert and worked alongside the geotechnical expert to give an opinion on the losses incurred as a result of unforeseeable ground conditions. The set of arbitration was in Spain but the case involved a German geotechnical expert, a Spanish main contractor, a Brazilian arbitrator and an English subcontractor with no distinction as to what language the conditions of contract was governed by (Spanish or English). Case management and production of documents in various languages was an interesting challenge.
275kV Infrastructure Project
CCi was appointed as the quantum expert on behalf of the contractor on a dispute between it and the conductor supplier involving an alleged defective conductor and the financial consequences of it. The CCi expert prepared draft, joint and final reports for the High Court litigation liaising with instructing solicitors, witnesses of fact and the QC. They also advised on the Part 36 offer that was ultimately accepted by the other party shortly before trial.
Light Railway Project
CCi was appointed as quantum and delay experts to provide opinion on delays and extensions of time, together with the assessment of the Final Account. The team ensured that the delay and extension of time analysis was presented in a way that clearly showed the delays and entitlements to time and was also readily usable in quantum assessments. The matter was on track for litigation but was settled in subsequent mediation in which the experts played a prominent role.
61MW Onshore Wind Farm
The Super Grid Transformer suffered delay during transit which led to critical delays to the phased handover of the plant. CCi was appointed as the delay expert to help quantify the extent to which the project had suffered delay to its commercial operation date as a result of damage. Working with very limited available information, CCi worked collaboratively and flexibly with the insured to establish the overall project status and achieve a successful settlement of the claim.
187MW Hydro Power Plant
Following the collapse of the project’s headrace tunnel, CCi was appointed as the delay expert to produce an analysis that would eventually facilitate a mediated settlement. CCi used a combination of a windows analysis and a modelled hypothetical critical path to identify the difference between the project’s actual duration and the project’s ‘but for’ duration, had the tunnel’s defects been rectified immediately prior to the collapse.
714MW Offshore Wind Farm
Supply delays relating to some of the turbine jackets were alleged to have resulted in a critical delay to the project. CCi was appointed to determine the true criticality of the delay event. Using a combination of ‘but for’ and windows-based time slice analysis, CCi identified significant levels of float and flexibility within the project’s scheduled sequence, which could not be determined through the claimant’s preferred delay methodology, and ultimately led to agreement that no critical delay would likely be experienced and that no claim would be presented.
Combined Heat and Intelligent Power Plant (CHiP)
The Contractor entered into a D&B FIDIC form of contract and suffered over a year’s delay with the design, build and commissioning of the CHiP plant. CCi carried out an in-depth analysis tracing the design delays in respect of the employers operating philosophy of the plant, which linked to the delays suffered in construction and later the commissioning issues. CCi identified significant culpability and concurrency issues and, following advice, the two parties eventually settled.
A significant fire damaged large sections of a partially constructed Power Plant. The Insured ultimately completed the project 18 months late and submitted a DSU claim for 18 months. CCi analysed the project schedules and identified non-loss related delay occurring after the date of loss. CCi established that due to the non-loss related delay, but for the event, the project would have completed 12 months late. As such, the loss had only caused an additional 6 months of delay to the Commercial Operation Date.
1600MW Coal Fired Power Station
Following catastrophic failure of the ID fan, CCi was appointed to analyse the project’s rebuild schedule and to conduct a ‘health check’ assessing the schedule’s suitability with regards to supporting the overall project management process and assisting with the claim. CCi also established the project’s pre-incident position, identifying delays to the scheduled date for the start of commercial operations and verified resultant delays from damage to achieve a successful settlement of the claim.
730MW Ultra-supercritical Coal Fired Power Station
Originally suffering a catastrophic failure of the transformer, the project suffered several delay events, including 13 instances of damage. CCi worked with the project team to establish the likely benefit of the proposed mitigation measure regarding the utilisation of a spare transformer. In addition, CCi reviewed the project’s contemporaneous records to establish the true impact of the 13 critical incidents to arrive at a successful settlement of compensation and delay entitlement.
A conveyor at a Potash mine that carried product to warehouses before it could be loaded onto trains and distributed to customers collapsed. The collapse required the actual conveyor to be rebuilt and repairs to one of the warehouses where the conveyor had collapsed through the roof. Due to operational preference, the Insured decided to rebuild the conveyor in a different configuration than what was presented prior to the event. The new configuration required additional permitting from regulatory bodies that would not have been required if the conveyor was rebuilt in the same configuration as before the collapse. CCi was retained to determine for Insurers whether the delays caused by the requirement to re-permit increased the interruption period being claimed by the Insured.
Following fire damage at the world’s largest vanadium mine, two divergent hypothetical timelines emerged relating to the redesigned reinstatement of the beneficiation process plant. CCi was appointed in a joint expert capacity to assess and provide recommendations against the two timelines. CCi conducted a probabilistic analysis to help determine which of the hypothetical timelines was the most realistic.
Floating Wet Concentrator Plant
The floating wet concentrator plant developed a sudden list (lean) to port side within the pond before settling on the bottom of the pond and mining was curtailed as a result. CCi reviewed and reported on the duration of the reinstatement element of the works, with specific concentration on the duration of the work relating to the rectification of damage as a result of the incident, absent improvement and maintenance works.
Underground Potash Mine
During commissioning of the mine, an underground inrush flooded the mine causing damage. CCi undertook the monitoring and support of the recovery plan created by the insured to re-establish the underground operations and provided advice to the insurers on the ‘but for’ position.
Ground Engineering and Geotechnical Pre-construction Services Project (HS2)
CCi was appointed to provide claims management support on the largest geotechnical ground investigation programme in Europe, delivered from commencement to final account.
Tunnel Drive Project
A tunnel drive of several kilometres with associated shafts and bore pits encountered unexpected physical conditions. CCi was appointed as quantum expert in an ICC arbitration working alongside various technical experts. This involved ascertaining the effect on production and costs in tunnelling through unforeseeable conditions versus pre-construction site investigation reports.
Double Deck Tunnel
A series of incidents concerning a Tunnel Boring Machine (TBM) with a diameter of 13.7m, were claimed to have caused delay to the critical path of the project. CCi was appointed as the independent delay analyst to objectively separate delay resulting from damage, from that attributable to defect rectification and general project delays. Utilising a collapsed as-built method of analysis, CCi successfully demonstrated that the TBM incidents had not actually impacted the project’s progress.
Construction of a bridge spanning the Ohio River was delayed as a result of flooding from a high river event. CCi was retained by underwriters to investigate the amount of delay caused to the project completion date by repairing damage from the flood. CCi’s analysis showed that while the flood had caused critical delay to the project completion date at the time of the loss, delays to procurement of sections of the bridge after the loss meant ultimately the flood caused no actual delay to the project completion date.
London Underground Line Extension Project (Crossrail)
CCI was appointed to provide commercial support and key performance and cost indicators to the executive board. This involved managing and reporting on change, risk and forecasts, assisting with identification and resolution of potential claims using negotiation and avoidance techniques.
CCi was appointed as expert to determine the time and quantum issues arising during construction. CCi provided reports for adjudication and appeared at tribunal in arbitration to provide expert evidence which resulted in a successful project settlement.
Airport Link Motorway
It was claimed that seven separate events had caused critical delay to the project’s completion date. CCi was appointed as the critical path expert to benchmark the project’s pre-incident status and levels of available float, and to advise as to the expected impact of the events. CCi’s critical path analysis ultimately demonstrated that due to the management of activity relationships, criticality was artificially imposed upon certain areas. Following a recalibration of activity relationships, it was agreed that the events had had no impact.
Two separate water intrusion events occurred during the construction of a high-rise residential building in New York City. The Insured submitted a delay claim for 13 months of delay to the completion date because of the first event. CCi was retained by underwriters to determine the delay caused by each event to the completion date. CCi’s analysis established that contract works, that had not been impacted by either of the Insured events, was causing critical delay to the completion date. Although each individual event had caused a delay, the critical delay was due to remaining contract works. As such, CCi established if the events had not occurred, the completion date would not have been improved from what was actually achieved.
7.5 Hectare Central Business District Development
CCi was appointed to quantify delay suffered to the construction of two commercial towers (43 and 39 floors respectively) in Sydney’s Central Business District (CBD) following a fire within the shared basement. Utilising a combination of windows analysis and collapsed as-built, CCi successfully identified productivity losses that were wholly unrelated to the fire and had overstated the fire’s critical path impact leading to a successful claim settlement.
PFI Acute Emergency Hospital Project
CCi was appointed to compile numerous claim documents for MEP design fees arising from revisions to the architectural BIM model. This involved working alongside legal counsel, barristers and technical experts in preparation for litigation.
Shangri-La Hotel in The Shard
The prestigious fit out of the Shangri La hotel within the Shard tower had many employer design issues and a contractor defect issue which resulted in the termination of the contract. CCi carried out a detailed time slice windows analysis to identify both the employer delay events and contractor performance and defect issues. Following a mediation, the employer started proceedings to the Technology & Construction Court, though within two months of the mediation the parties agreed a negotiated settlement.
The exhaust pipe from the top of a steel furnace collapsed through the roof and required repair before the furnace could return to production. During the demolition of the damaged structure, the crane removing debris overturned and caused additional damage and delay. CCi was appointed by Insurer’s to analyse the repair timeline and determine whether the second event had caused an increase to the interruption period of the furnace. CCi established the date the repairs should have completed if the second event had not occurred, and the additional delay caused by repairing damage from the second event.
Following force majeure events, the aluminium production facility suffered a total ‘freeze’ of all operating liquid aluminium pots. At the time of the incident the project was ramping up the newly constructed facilities. CCi’s role included preparation of a ‘but for’ assessment of the timeline-related factors. This identified events that would have interrupted the normal progress of the ramp-up process had the force majeure event not occurred.
Seven independent delay events were claimed to have impacted the critical path during the project to increase the desalination facilities’ annual output from 50 to 100 billion litres annually. Without formal delay preparation from the insured, CCi critically analysed the insured’s project schedules and contemporaneous progress records to independently verify the actual impact of the seven delay events over and above the delay that the project would have suffered without the seven incidents.
A catastrophic breakout of molten metal caused significant damage to the construction of the ferrochrome melt shop. CCi was appointed as delay expert to objectively separate critical delay from the breakout and delays resultant from ongoing procurement issues for key equipment located elsewhere in the project. CCi conducted a ‘but for’ assessment of the project status based on contemporaneous information and a detailed review of ‘pacing’. Both assessments contributed to a successful claim settlement.
A named windstorm caused widespread damage to the construction of an LNG plant. Significant damage was caused to pipe that had been prefabricated and was waiting to be installed at the facility. CCi carried out an analysis of the delays incurred to the project prior to the storm and identified pre-storm delay that had not been accounted for in the forecast Commercial Operation Date (COD). In addition, CCi identified delays to the fabrication and installation of structural steel that meant the delay caused to the COD by having to replace pipe was much less than originally claimed by the Insured.
A catastrophic failure of a heat exchanger resulted in extensive damage. CCi prepared a detailed delay analysis to establish whether non-incident related works prolonged the overall period of disruption. Consequently, the dispute was referred to arbitration, with CCi’s findings that incident related repairs were paced to match non-incident related maintenance works contributing to the eventual claim settlement prior to the hearing.
Crude Oil Refinery
Unprecedented rainfall caused significant damage to stored equipment at the world’s largest refining hub, with crude processing capacity of 1.24 million barrels per day. CCi was appointed to evaluate delays that occurred to the start-up of the J3 units affected by the flood. CCi identified the impact of manufacturing lead times of replacement equipment on the unit critical paths to notify insurers of their potential exposure.
Humber Pipeline Tunnel
The construction of a 5km National Grid replacement tunnel 30m below the Humber Estuary supplying a quarter of the UK’s national gas became the largest and longest hydraulically inserted gas pipeline and was the heaviest moving man-made object. The JV Contractors suffered a year’s delay leading up to the launch of the Tunnel Boring Machine (TBM). CCi was engaged to forensically look at the reasons for the delays under the NEC3 form of contract. It resulted in the JV and National Grid negotiating a settlement as the works continued.
Subsea Production Umbilicals
Two damage events, both concerning cracking to the outer sheaths of the Umbilicals led to critical delay of the ‘load out’ milestone. CCi was appointed to assess the extent to which damage had delayed the project and to quantify associated liquidated damages. Utilising a time slice analysis, CCi’s analysis enabled a successful resolution of the claim.
CCi conducted a thorough timeline analysis of events surrounding catastrophic storm damage, during which four of the FPSO’s anchor chains snapped and the vessel drifted 180m off station. Through review of the project’s data and contemporaneous records, CCi’s assessment into the extent to which the hull-related maintenance works extended the overall interruption period contributed to the successful negotiated claim settlement.
Defects identified during the grouting of the platform’s jack-up system were claimed to be the reason behind termination of the project’s construction contract. Appointed as the delay expert in litigation proceedings in the High Court, CCi’s analysis ultimately determined that an under estimation of the offshore installation scope would have resulted in a significant delay to the project in any event and contributed to the successful settlement of the claim prior to the hearing.