Baker & O'Brien, Inc.

Clients

Experience

Law Firm

Expert Testimony and Litigation Support

Law firms rely upon Baker & O'Brien to provide expert testimony and litigation support in a wide variety of disputes related to the oil, gas, chemical, and related industries. Our consultants assist in discovery, site review and analysis, causation analysis, determination of damages, industry standards and practices, valuation of assets, and evaluation of contracts. Baker & O'Brien consultants have testified as experts in public hearings, State and Federal court, international arbitration, and in foreign courts.

Related Experience

  • Air Emissions Dispute
    Reviewed air emissions data and categorized events; provided understanding and analysis to air events with respect to process equipment and refinery and chemical plant operations.
    Environmental, Industry Practice/Standard of Care, Product Quality
  • Ammonia Manufacturing Litigation
    Assisted an equipment manufacturer in defending allegations that its equipment was the cause of a multi-million dollar business interruption claim.  Assisted in discovery, evaluated operating records, estimated business interruption losses due to a power outage, and provided expert testimony. 
    Business Interruption, Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance
  • Ammonia/Urea Plant Failure Analysis
    Worked in support of client and its attorneys to investigate the cause of a reactor failure and defend against claims by OSHA and third parties.  Work involved extensive analysis of process equipment and operating practices used in ammonia and urea manufacture. 
    Industry Practice/Standard of Care, Operations/Maintenance, OSHA-related
  • Application of Superfund Tax to Gas Processors
    Reviewed legislation relating to the Superfund Tax and its applicability to natural gas processors who produce natural gasoline at their facilities.  Compared natural gas processing with crude oil processing in order to show whether the Superfund Tax was intended to be levied on gas processors.
    Environmental
  • Asbestos Exposure Litigation
    Assisted a manufacturer of industrial equipment in defending personal injury claims related to asbestos exposure.  Assisted in discovery, assessed the likelihood and degree of employee exposure to asbestos during maintenance activities, and reviewed equipment specifications, project histories, and maintenance records for various power generation units.  Provided opinions regarding the potential for personal injury due to asbestos exposure in the course of normal work activities.
    Industry Practice/Standard of Care, Operations/Maintenance, OSHA-related, Safety, Toxic Tort
  • Benzene Exposure
    Assessed possibility of employee exposures to benzene during prior refinery operations.  Reviewed plant operating history and emissions records and provided preliminary opinions regarding potential benzene exposure to plaintiffs.
    Industry Practice/Standard of Care, Operations/Maintenance, OSHA-related
  • Business Interruption Damages Claim by Concrete Supplier
    Assisted in a dispute between a concrete products producer and marketer against an oil refiner for damages allegedly incurred as a result of an incident at the oil refinery.  Examined the timeline of the incident and provided an independent damage estimate.  
    Business Interruption, Industry Practice/Standard of Care, Operations/Maintenance
  • Business Interruption
    Performed an analysis of the schedule delay and financial impact from chemical plant downtime due to a major equipment fabrication error.
    Business Interruption, EPC-related, Industry Practice/Standard of Care, Safety
  • Caustic Soda Contract Dispute
    Reviewed caustic soda plant expansion and the ability of supplier to deliver the required volume of caustic soda under contract.  Advised on the reasonableness of the expansion construction schedule based on review of environmental permits, public data, and internal documents on construction activities.
    EPC-related, Industry Practice/Standard of Care
  • Chemical Plant Accident Investigation
    Investigated an accident at a polyethylene production and storage facility. Reviewed equipment design, inspection and repair history, training of personnel, industry practices, and standards of care.
    Industry Practice/Standard of Care, Operations/Maintenance, OSHA-related, Safety
  • Chemical Plant Fair Market Valuations for Ad Valorem Tax Appeals
    Developed fair market valuations for two major chemical plant installations on behalf of the local appraisal district. The engagement included valuation by discounted cash flow, depreciated replacement cost, and comparable sales approaches, as well as a critique of the petitioner's methodologies and assumptions.
    Ad Valorem Taxes, Physical Asset Appraisal, Pricing
  • Class Action Environmental Litigation
    Provided assistance in evaluating environmental issues which led to a neighborhood lawsuit. Reviewed plant operating and emissions history and provided preliminary opinions regarding the potential for future impact on local community.
    Environmental, Industry Practice/Standard of Care, Operations/Maintenance
  • Commercial Contract Litigation
    Assisted in a claim related to a force majeure incident related to the recommissioning of a facility after a hurricane.  Examined conformance with standard industry protocols and applicable laws, standards, and regulations.  Assessed whether the facility operator acted in a reasonably prudent manner with respect to the commercial and technical issues necessary to safely restart the facility as soon as possible.
    Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance
  • Condensate Feedstock Contract Dispute
    Assisted in a claim between: (1) a European refiner and ultimate condensate supplier, and (2) an intermediary company, concerning allegations that the intermediary company was prevented from obtaining condensate supplies for sale to the refiner.  Studied the potential availability and quality of condensates in the producing region and elsewhere.  Identified potentially suitable condensates for the refinery.  Based on forecasts of oil and petroleum product prices, prepared an estimate of potential economic damages.  Described how term feedstock contracts for condensate are typically concluded.  Testified at an arbitration in London.
    Arbitration, Expert Witness/Testimony, Industry Practice/Standard of Care, Pricing
  • Construction Dispute - Gas Plant
    Provided expert reports and testimony regarding project management issues, alleged defects, and liquidated damages for international arbitration between owner and contractor.  The project involved an offshore platform, an undersea pipeline, an onshore pipeline, an onshore cryogenic gas processing plant, and a sales gas pipeline.
    Arbitration, EPC-related, Expert Witness/Testimony, Gasification, Industry Practice/Standard of Care, Offshore, Pipeline
  • Construction Dispute Litigation - Gas Plant
    Assisted in a litigated dispute between Owner-Operator and Engineering & Construction Contractor over whether a cryogenic gas plant, as engineered, procured, and constructed, met the stipulated contractual performance guarantees; prepared expert witness rebuttal report with respect to relevant issues.
    EPC-related, Expert Witness/Testimony, Gasification, Industry Practice/Standard of Care, Operations/Maintenance
  • Contamination at Bulk Petroleum Storage Facility
    Evaluated the potential long-term contamination at a bulk storage facility resulting from the sediment contained in incoming hydrocarbons.
    Environmental
  • Contractual Dispute
    Performed a due diligence of owner allegations and contractor claims pertaining to a Lump Sum-Turn Key contract termination.  Reviewed documents, schedules, witness statements, and expert reports to advise counsel on implications of contracting strategy and contract management following award.
    EPC-related, Expert Witness/Testimony, Industry Practice/Standard of Care
  • Contractual Dispute - Property Tax
    Prepared an analysis of property taxes relative to refining complexity for a number of refineries in a particular region, using public information, for hearings with a district appraisal board.
    PRISM Data or Analysis, Ad Valorem Taxes, Physical Asset Appraisal, Pricing
  • Cost Allocation Report
    Following a refinery fire incident and rebuild, performed an analysis of all elements of the repair costs, and produced a report that assessed and allocated repairs into three categories:  identical replacement, functional replacement, and upgrade.
    Industry Practice/Standard of Care, Operations/Maintenance, Physical Asset Appraisal, Pricing
  • Crude Oil Contamination Dispute
    Investigated a claim that refinery equipment damages were allegedly caused by a sour crude producer that injected high-metals crude into a ultra-sweet crude gathering pipeline.  Case settled prior to deposition and trial.
    Pipeline, Product Quality
  • Crude Oil Metering Dispute
    Investigated alleged tampering with crude oil Automatic Custody Transfer volume and quality measuring devices.  Reviewed common carrier pipeline tariffs, inspected site, and analyzed measurement data.
    Industry Practice/Standard of Care, Pipeline, Product Quality
  • Crude Oil Processing Contract Dispute
    Served as expert witness concerning a dispute between an international oil trading company (Trader) and an independent refining company (Refiner), between whom there was a crude oil processing contract.  The Trader alleged that the Refiner misappropriated products to its own account.  Analyzed the refinery production and product disposition under each processing deal over a period of three years and calculated the damages under the alleged misappropriation.  Prepared an independent detailed damages claim for insurance purposes and defended the claim at trial.  
    Commercial Terms Review, Expert Witness/Testimony, Pricing, Product Quality
  • Crude Oil Quality Dispute
    Acted as expert witness in a dispute between a major oil company and a small crude oil supplier that allegedly delivered "dumbbell" crude into the oil company's common carrier pipeline system.  Prepared a report covering standard industry pipeline practices, crude oil quality acceptance, crude oil trading, and refining values of various crude oils.  Calculated damages incurred as a result of the poor quality crude oil delivered and the impact on refiners receiving crude from the pipeline.
    Crude Oil Valuation, Expert Witness/Testimony, Pipeline, Pricing, Product Quality
  • Crude Oil Sludge Accumulation
    Following a claim concerning sludge accumulation in crude oil storage tanks over a twenty-year period, advised as to the creation of sludge in crude oil tanks, its accumulation, the ways to prevent or control it, and the conventional ways of dealing with it.
    Industry Practice/Standard of Care, Operations/Maintenance, Product Quality
  • Defective Product Lawsuit
    Provided an expert report concerning a dispute between a pressure safety relief device manufacturer and an operator of a claim that a device did not operate as designed in a reactor overpressure incident.
    Forensic Analysis , Industry Practice/Standard of Care, Operations/Maintenance
  • Defend Wastewater Treater Air Emissions
    Requested to provide expert witness opinion of industrial standard of care for wastewater treater operations.  Issue concerned volatile organic compound (VOC) emissions from a wastewater treater feed tank.
    Industry Practice/Standard of Care, Operations/Maintenance
  • Delayed Coker Fire Investigation
    Assisted client in investigating the cause of a coker hydrocarbon release and fire, which resulted in multiple fatalities. Visited refinery and reviewed procedures and events preceding the incident to identify potential areas of causation and liability. Operating experience and knowledge of technical and safety issues and of industry and management practices helped the client in addressing specific claims issues.
    Industry Practice/Standard of Care, Operations/Maintenance, OSHA-related, Safety
  • Dust Collection System Risk Assessment
    Performed a quantitative risk assessment on a dust collection system associated with the multifolder process at a large paper products manufacturing facility. Purpose was to determine if OSHA stipulations were appropriate.
    Industry Practice/Standard of Care, Operations/Maintenance, OSHA-related, Safety
  • Economic Damages Litigation - Plant Explosion
    Retained concerning claims of design errors and failures in project management, following explosions and fires at a petrochemical plant.  Conducted in-depth reviews of engineering, procurement, and construction agreements; process technology and design basis; construction records; owner's operating procedures; and actual operating history since start-up of the plant.  Evaluated operating system provided against prevailing industry standards and examined potential for equipment failure.
    EPC-related, Industry Practice/Standard of Care, Operations/Maintenance
  • Economic Damages Litigation - Plant Fire
    Following furnace damage and rebuild, provided expert regarding property damage costs and normal maintenance/scheduled turnaround/betterment costs. Similarly, business interruption costs were compiled with reference to market situation and product volumes that were available from inventory.
    Business Interruption, Industry Practice/Standard of Care, Operations/Maintenance, Physical Asset Appraisal
  • Ethylene Plant Construction Litigation
    Assisted in a dispute concerning allegations that poor engineering work product contributed to a >$100 million cost overrun.  Assisted with discovery, inspected plant, evaluated construction documents, analyzed the project critical path, and analyzed lost income due to delays in the project schedule.
    EPC-related, Industry Practice/Standard of Care, Operations/Maintenance
  • Evaluation of Refinery Competitive Environment
    Assisted in a dispute between a major oil company and the Federal Trade Commission's claims regarding the anti-competitive nature of the company's proposed acquisition of a West Coast-based refining and marketing company. Prepared a detailed report analyzing the West Coast refining industry. Assessed the competitive position of each West Coast refinery processing Alaskan crude oil and how they might respond to changes in crude oil prices and/or availability.
    Pricing
  • Expert Consulting Services
    Provided expert consulting services concerning a personal injury incident that involved a weld failure and a release of hydrocarbons.
    Industry Practice/Standard of Care, Operations/Maintenance, OSHA-related, Safety
  • Fair Market Valuation of Refinery for Ad Valorem Tax
    Fair market valuation of a major US Gulf Coast refinery for the local appraisal district.  Provided a critique of the valuation methodology used by the refinery as basis for lawsuit seeking reduced ad valorem taxes.
    Ad Valorem Taxes, Pricing
  • FCCU Construction Litigation
    Assisted a major engineering and construction firm in defending allegations that construction errors in the installation of an FCCU catalyst cooler resulted in a significant business interruption claim.  Assisted in discovery, analyzed FCCU operating data, reviewed refinery operating records, evaluated design issues, calculated property damages and business interruption losses, and provided expert testimony.
    Business Interruption, EPC-related, Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance, Property Damage
  • Force Majeure Dispute
    Provided expert report relating to a claimed force majeure event, due to defects in critical equipment that was required to be installed during a turnaround.  The correction to the defects then resulted in the late delivery of the equipment that extended a petrochemical plant turnaround.   
    EPC-related, Industry Practice/Standard of Care, Operations/Maintenance
  • Formaldehyde Plant Construction Litigation
    Assisted in a dispute concerning allegations that completion delays and poor plant performance at a European formaldehyde plant resulted in a multi-million dollar damage claim.  Assisted with discovery, inspected plant, evaluated plant operating records, reviewed construction contracts, valued the plant, and calculated damages.  Presented and defended conclusions at hearing.
    Arbitration, EPC-related, Industry Practice/Standard of Care, Operations/Maintenance
  • Litigation - Fuels Terminal Operations Assessment
    Performed expert advice on fuels terminal operations that focused on the practices and procedures with an emphasis on the filling of product tanks.
    Industry Practice/Standard of Care, Operations/Maintenance, Property Damage, Safety
  • Gas Measurement Dispute
    Performed a preliminary audit of natural gas measurement discrepancies between an unregulated gathering system and an interstate pipeline. Identified periods that meters were out of service and utilized system balance to estimate deliveries.
    Pipeline
  • Gas Pipeline Rupture Dispute
    Performed an independent assessment of the costs incurred, including the lost natural gas inventory, on a ruptured interstate gas transmission line for which the owner requested a multi-million dollar damage reimbursement.  A report was prepared for mediation which resulted in a negotiated settlement.
    Industry Practice/Standard of Care, Pipeline, Pricing
  • Gas Well Incident
    Prepared expert report on behalf of client versus OSHA.  Matter involved failure of a pipe carrying natural gas that injured one contractor.  OSHA cited client for failure to provided a safe means of pressure relief for vessel (in-line heater) and piping.
    Industry Practice/Standard of Care, Operations/Maintenance, OSHA-related, Safety
  • Gas Well Production Dispute
    Reviewed gas well production (meter readings) and pipeline pressure history to determine if gas was delivered into gathering system when the system was not being monitored and the local injection compressor was not operating. 
    Pipeline
  • Gasoline Contamination Dispute
    Provided expert report on refinery practices concerning caustic carryover in FCC gasoline mercaptan treaters.  Class action plaintiffs, consisting of retail station owners, alleged underground storage tank damage due to gasoline contamination.  
    Industry Practice/Standard of Care, Product Quality
  • Gasoline Spill Litigation
    Assisted in a dispute between a retail marketer and contractor concerning allegations that contractor's work contributed to a gasoline spill from a retail gas station that contaminated the well water of 130 homes.  Assisted in discovery, evaluated the mechanical integrity of equipment, examined unique theories of causation, inspected site, and attended destructive testing procedures.
    Industry Practice/Standard of Care, Operations/Maintenance
  • Heliport Pipeline Leak
    Prepared expert rejoinder report on leakage from fuel storage, pipeline, and loading system located at a heliport and marine dock.
    Industry Practice/Standard of Care, OSHA-related
  • HF Alkylation Incident
    Investigated facts related to pump casing rupture where hydrofluoric acid was released. Reviewed refinery operations, training, and safety practices. Advised attorneys on generally accepted industry engineering practices and standards regarding design, operation, and maintenance of hydrofluoric acid alkylation unit.
    Industry Practice/Standard of Care, Operations/Maintenance, OSHA-related, Safety
  • Hurricane Rita Claim
    A petrochemicals facility experienced a loss of steam supply from an outside steam supplier and a subsequent unscheduled shutdown which, in turn, resulted in production losses and major damage to the facility.  The steam supplier attributed the steam outage to boiler damage caused by a hurricane, which had made landfall several months earlier.  Assisted by investigating the link between the hurricane and the steam supplier boiler outages.  
    Industry Practice/Standard of Care, Operations/Maintenance
  • Industrial Incident
    Investigated cause of dust cloud deflagration at a Vitamin E production facility. Assessed that bulk solids handling procedures were modified without considering the original safety design basis for the equipment. Developed expert opinions on causation.
    Industry Practice/Standard of Care, Operations/Maintenance, Safety
  • Insurance Arbitration
    Investigated the circumstances surrounding an oil spill at a Gulf Coast refinery following a hurricane.  Work focused on whether the refiner acted as a "prudent operator" before and after the hurricane and whether the owner was entitled to a claim for damages based on an insurance policy's pollution exclusion clause.  Prepared a written report for submission into evidence in an international arbitration.
    Arbitration, Industry Practice/Standard of Care, Operations/Maintenance
  • Insurance Litigation of Refinery Environmental Contamination
    Provided expert witness testimony and analysis in the litigation of insurance coverage for previous environmental contamination of petroleum refineries located on the East Coast, West Coast, and Midwest.  Evaluated both liability and damage claims based on the multiple insurance contracts for each site.  
    Industry Practice/Standard of Care, Operations/Maintenance
  • Interstate Pipeline Inspection Practices
    Provided expert testimony on inspection and maintenance practices for interstate petroleum products pipelines. Issues included reasonable depth of additional overfill and width of maintenance right-of-way.
    EPC-related, Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance, Pipeline
  • Investigate Refinery Heater Explosion
    Performed root cause analysis of an explosion at a refinery heater and identified contributing factors. Performed a review of safe operating procedures, including shutdown and start-up of heaters. Provided expert testimony.
    Expert Witness/Testimony, Forensic Analysis , Industry Practice/Standard of Care, Operations/Maintenance, Property Damage, Safety
  • Jet Fuel Contamination Dispute
    Following product quality issues in major interstate product pipeline movements, reviewed product injection practices and analyses at pipeline injection point. Evaluated analyses at various points along the pipeline to assess possibility of quality degradation.
    Industry Practice/Standard of Care, Operations/Maintenance, Pipeline, Product Quality
  • Litigation - MTBE
    Assisted in defense of oil companies charged with supplying gasoline containing the additive MTBE, which was alleged to have contaminated water supplies. Baker & O'Brien was involved in reviewing and analyzing refinery supply, pipeline distribution, and retail marketing of gasoline in the area subject to the dispute.
    Expert Witness/Testimony, Toxic Tort
  • Litigation - Wastewater Treating
    Provided expert consulting support for a refinery wastewater treating environmental criminal matter. The work required previous experience with and a solid understanding of the plant processes and equipment which are used in treating industrial wastewater.
    Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance
  • Litigation - MTBE
    Prepared expert testimony on the issue that MTBE use in reformulated gasoline (RFG) was the result of a federal mandate to use oxygenates in RFG. The legal result was to consolidate several state MTBE cases into federal court. Several other studies performed, including the ability to use other oxygenates and the costs of ethanol logistics.
    Expert Witness/Testimony, Toxic Tort
  • LPG Pipeline Contamination
    Evaluated pipeline contamination and potential sources of contaminants from various sources.
    Industry Practice/Standard of Care, Operations/Maintenance, Pipeline, Product Quality
  • LPG Pipeline Specifications
    Evaluated pipeline tariffs, product specifications, connection agreements, and liquefied petroleum gas sales agreements, including the determination of fractionator feedstock and product economics, for the export of liquefied petroleum gas to northern Mexico from fractionation facilities in West Texas.
    Commercial Terms Review, Pipeline, Product Quality
  • M&A Dispute
    Evaluated the foreseeability of project cost overruns that negatively impacted the economics of the acquisition of an EPC Firm.
    EPC-related, Industry Practice/Standard of Care, Operations/Maintenance
  • Manufactured Gas Plant
    Provided technical assistance and review of historical documents in support of litigation regarding the environmental cleanup of a manufactured gas plant site.  The site, which had various gasification units in operation between approximately 1870 to 1950, had been used for a number of other purposes.  Analysis investigated the contamination present at the site to all previous and current gas plant operations.
    Environmental, Industry Practice/Standard of Care, Operations/Maintenance
  • Marine Cargo Contamination
    Investigated causes for contamination of a cargo of gasoline delivered by ship to Ecuador. Work included review of contract requirements, gasoline blending practices, surveyor procedures, and issues related to laboratory testing of gasoline.
    Product Quality, Waterborne/Marine
  • Market Value of Natural Gas
    Determined the reasonableness of royalty payments for natural gas by comparing available arm's-length contracts, pricing, and actual costs of gathering, compressing, and processing the gas.
    Commercial Terms Review, Pricing
  • Natural Gas Royalty Dispute
    On behalf of several producing companies, demonstrated the reasonableness of royalty payments for natural gas by comparing available arm's-length contracts, pricing, and actual costs of gathering, compressing, and processing the gas.
    Commercial Terms Review, Pricing
  • Natural Gas Royalty Litigation
    Evaluated the design and historical capital costs of a natural gas pipeline system in western Oklahoma. Reviewed system material balances and operator's natural gas measurement practices.
    Industry Practice/Standard of Care, Operations/Maintenance, Pipeline, Pricing
  • Natural Gas Tax Dispute
    Following the imposition of a new oil and gas taxation regime, a dispute arose regarding the contractual right of local natural gas producers to "pass through" incremental taxes to their customers.  Served as expert witness.  Key work involved the development of a fair mechanism to allocate recovery and distribution costs between "jointly" produced hydrocarbons, including oil, condensate, natural gas, and natural gas liquids.  Prepared and defended specific proposal in the arbitration proceedings.
    Arbitration, Commercial Terms Review, Expert Witness/Testimony, Pricing
  • Nitroparaffins Litigation
    Assisted in a dispute between an operator and and EPC firm concerning allegations that the process design contributed to an explosion at a nitroparaffins manufacturing plant.  Assisted in discovery, evaluated design issues, and provided expert testimony.
    EPC-related, Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance
  • Offshore Pipeline Failure
    Following a business interruption claim concerning number of failures on a large subsea crude oil pipeline, examined original construction specifications, maintenance, inspection, and operation records of the pipeline.  Also reviewed the repair plans and repair execution of the failed components and made recommendations to include:  a) comprehensive metallurgical analyses; b) preparation of an efficient repair and execution schedule; and c) complete subsea modeling of the pipeline for the purpose of failure mode and time to failure predictions.    
    EPC-related, Industry Practice/Standard of Care, Offshore, Operations/Maintenance, Pipeline
  • Offshore Platform Design
    Assessed design of elevated platform and ladders on a jack-up oil derrick which was under construction.  Compared design to industry standards.
    EPC-related, Industry Practice/Standard of Care, Offshore
  • Paraxylene (PX) Contract Dispute
    On behalf of a major international buyer of paraxylene, prepared an expert analysis concerning damages claimed by a large US based supplier.  Analysis included a detailed evaluation of supplier's paraxylene manufacturing economics.
    Business Interruption, Industry Practice/Standard of Care, Operations/Maintenance, Pricing
  • PVC Plant Litigation
    Assisted in a dispute concerning allegations that an explosion at a major manufacturer of PVC resins was due to a poor process design that failed to meet government regulations and engineering standards.  Assisted in discovery, inspected the plant, evaluated procedures and work methods, reviewed applicable standards, and reviewed operating records.  
    Forensic Analysis , Industry Practice/Standard of Care, Operations/Maintenance
  • Propane Product Quality Dispute
    Investigated the design and operation of a natural gas liquid fractionation, storage, and loading facility located on the Red Sea to determine potential causes of alleged hydrogen sulfide contamination of propane cargoes.
    EPC-related, Industry Practice/Standard of Care, Operations/Maintenance, Product Quality
  • Polyurethane Foam Litigation
    Assisted in claims concerning polyurethane foam system products that were alleged to be defective or unfit for their intended use.  Assisted in discovery, observed and reviewed work environment and work methods, evaluated manufacturing records, reviewed warranty claims, and prepared trial exhibits.
    Industry Practice/Standard of Care
  • Pulp and Paper Mill Incident
    Analyzed processing operations and engineering design in a pulp and paper mill to determine sequence of events and possible causes of incident.
    Industry Practice/Standard of Care, Operations/Maintenance, Safety
  • Sulfuric Acid Storage Incident
    Retained to assist in the investigation of a fatality incident at a sulfuric acid processing and storage facility.  Reviewed equipment design, inspection and repair history, operating procedures, training of personnel, and industry practices.  Assisted legal team with on-site investigation and interaction with local, state, and federal agencies.  Reviewed conclusions by root cause analysis for consistency and factual support.
    Forensic Analysis , Industry Practice/Standard of Care, Operations/Maintenance, OSHA-related, Safety
  • Thermal Radiation Exposure
    Investigated an incident involving a claim of thermal radiation exposure during a refining unit fire.  Engineering reports, videos, weather conditions, unit design drawings, and published literature on levels of heat exposure from large hydrocarbon fires were evaluated.
    Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance, OSHA-related, Safety
  • Salt Water Disposal Tank Explosion
    Investigated the cause and origin of a storage tank explosion at an oil and gas salt water disposal facility in Colorado. Conducted site investigation and facility/equipment inspections, evaluated system design and operation, and conducted witness interviews. Determined cause of explosion and worked with company management to evaluate existing policies and procedures for potential areas of improvement.
    EPC-related, Industry Practice/Standard of Care, Operations/Maintenance, OSHA-related, Physical Asset Appraisal, Safety
  • Power Plant Construction Dispute
    Provided expert report and oral testimony on roles and responsibilities of: (1)  an EPC contractor under a Lump Sum-Turn Key contract; (2) owners in awarding and managing such projects; and (3) the capabilities of owner's and contractor's project management teams.  The project involved provision of EPC services to retrofit selective catalytic reduction equipment to existing power generation units, as mandated by the regulatory authorities.
    EPC-related, Expert Witness/Testimony
  • Refinery Business Interruption
    Prepared detailed analyses of property damage, business interruption, and demurrage claims resulting from a vessel allision with a refinery dock.  
    Business Interruption, Property Damage, Waterborne/Marine
  • Underground Storage Tanks Claim
    Assisted in a dispute concerning an allegation that Underground Storage Tanks (USTs) at a retail outlet had released gasoline vapors, resulting in contamination of groundwater with MTBE. Assignment included review of procedures for delivery of gasoline from tankers to UST, review of equipment and fittings used in UST, review of hydrogeological data regarding groundwater and contamination plumes, review of the design of vapor recovery systems, and calculations of vapor composition and amounts released. Prepared report to document findings and testified in deposition.
    Environmental, Expert Witness/Testimony, Industry Practice/Standard of Care, OSHA-related, Toxic Tort
  • Power Plant Construction Dispute
    Provided advice on a construction dispute between owner and contractor regarding a project to upgrade and modify a power plant in the Caribbean, which had alleged defects related to the boiler heat recovery section, the desalination plant, seawater cooling piping, and instrumentation.
    EPC-related
  • Piping Subcontractor Claim Evaluation
    Evaluated claims for additional quantities of materials needed, due to owner caused delay and disruption on a specialty chemical plant project.  
    EPC-related
  • Reciprocating Compressor Accident
    Reviewed details of non-fatal accident involving a restart of skid-mounted gas compression machinery at a producing well. Upon investigation of the facts, prepared report detailing the proximate cause of the incident.
    Industry Practice/Standard of Care, Operations/Maintenance, OSHA-related, Safety
  • Pipeline Quality Bank Dispute
    Assisted in a dispute involving crude oil quality bank payments demanded by a pipeline consortium transporting a company's oil through Central Asia.  Studied the quality bank calculation procedure in order to demonstrate if the methodology described in the tariff had been properly applied.  Provided examples of methodologies used in other quality banks.  Prepared quality bank calculations based on application of the methodology.  Testified at an arbitration in London.
    Arbitration, Crude Oil Valuation, Expert Witness/Testimony, Pipeline, Pricing, Product Quality
  • Petroleum Refinery Dispute
    Provided overview of turnaround practices and industry standards utilized in the United States and Europe.  Evaluated decisions and practices utilized at the subject refinery to determine if those decisions were in compliance with standard practices and whether a decision to optimize the turnaround execution date was a factor in a plant incident.
    Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance
  • Refinery Valuation Dispute
    Assisted in a dispute between minority shareholders and company management concerning claims that certain refinery assets were improperly valued when the group's ownership interests were purchased by the company's management.  Prepared a detailed valuation of the refinery assets in question and showed how their location, processing capability, and access to feedstocks contributed to their value relative to the competition.  Prepared an expert report and testified in Federal Court.
    Expert Witness/Testimony, Pricing
  • Refinery Business Interruption
    Determined the economic damages suffered by a refiner as a result of multiple incidents which eventually led to reduced feed to the refinery.  Project required the analysis of all refining units, including their actual and planned operations and maintenance.  Alternative utilizations of feedstock and supply of products were also investigated.
    Business Interruption
  • Pressure Vessel Failure
    Investigated the cause of a hydrocarbon release resulting from the brittle fracture of a pressure vessel during start-up at a petrochemical plant. Incident involved multiple injuries and deaths and extensive property damage. Issues studied include ethylene plant design, operating practices and procedures, start-up operations, instrumentation, and safety training.
    Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance, OSHA-related, Safety
  • Polyolefins Plant Explosion
    Assisted attorneys and company in preparation for litigation and negotiation with government agencies while investigating the cause of an explosion which caused the death of over 20 people. Assisted risk management in preparing and negotiating property damage and business interruption claims in excess of $1.3 billion.
    Business Interruption, Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance, OSHA-related, Property Damage, Safety
  • Refinery Fair Market Value Dispute
    On behalf of one of the interested parties in a bankrupt oil refinery, conducted a technical and economic evaluation of the facility to determine if the plant was economically viable and had value as a "going concern."  Study was submitted into evidence before an international arbitration tribunal established to determine the ultimate disposition of the facility.
    Expert Witness/Testimony, Pricing
  • Refinery Construction Dispute
    Engaged to assess claims that poor EPC performance resulted in significant cost increases and schedule delays in the construction of a residue catalytic cracking unit.  Case centered around whether the prime contractor had fulfilled all of its obligations under the sub-contract and had taken all agreed steps to contain identified potential cost overruns and other factors impacting the schedule.  Prepared an expert report on the project and provided evidence at the hearing.
    EPC-related, Expert Witness/Testimony
  • Pipeline Contractual Dispute
    Assisted in a claim between a major U.S. energy provider and project promoters concerning claims that the energy provider defrauded project promoters when it proceeded with the construction of an international natural gas pipeline.  Submitted report outlining the differences between energy provider's project and the promoters' project.
    Commercial Terms Review, Pipeline
  • Polybutylene Pipe Litigation
    Assisted municipal water districts in asserting claims for tens of millions of dollars in damages resulting from defective polybutylene pipe.  Assisted in discovery, evaluated research and development records, reviewed state-of-the-art issues, and provided expert testimony.
    Expert Witness/Testimony, Industry Practice/Standard of Care, Pipeline, Product Quality
  • Polypropylene Manufacturing
    Assisted in a dispute concerning insurance claims for property damage and business interruption in connection with a reactor incident during construction of a production facility.  
    Business Interruption, EPC-related, Industry Practice/Standard of Care, Property Damage
  • Refinery Construction Dispute
    Assisted law firm representing Russian refiner in dispute with U.S. engineering firm that provided a refinery for a location in Russia.  Ascertained construction status of units and reviewed issues in dispute regarding design basis, scope of work, and costs for a modular refinery constructed in the U.S.
    EPC-related, Pricing, Project Feasibility
  • MTBE Litigation
    Prepared declaration of gasoline distribution issues in northern California, including rebuttal of other experts' analyses of gasoline distribution.
    Industry Practice/Standard of Care
  • Arbitration - Refinery Valuation
    In support of a valuation dispute, developed an economic model to assess the value of a fuels refinery.  Submitted an expert report and provided testimony.
    Arbitration, Expert Witness/Testimony, Pricing
  • Gas Plant Explosion & Subsequent Insurance Claims
    Assisted resolution of claims between insurance company and Owners/Operators related to a gas plant explosion.  Reviewed property damage and business interruption claims for accuracy and veracity.
    Business Interruption, Pipeline, Property Damage
  • Refinery Force Majeure Claims
    Prepared expert reports and testified in an international arbitration involving multiple product supply disputes between a refinery and an adjacent chemical plant. Reviewed force majeure claims related to catalytic cracking technology, product supply contracts, and utility supply interruptions.
    Arbitration, EPC-related, Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance
  • Petrochemical Terminal Fire
    Reviewed testimony, expert reports, and forensic evidence and attended depositions to determine cause and origin of terminal fire.  Prepared report addressing electrostatic discharge theory, petrochemical handling procedures, employee training, and management issues. 
    Forensic Analysis , Industry Practice/Standard of Care, Safety
  • Asphalt Refinery Valuation
    Concerning an owner's capability and obligation to pay a prior arbitration award, determined a retrospective fair market value of an asphalt refinery and provided testimony regarding the estimated value of the refinery assets.
    Expert Witness/Testimony, Physical Asset Appraisal, Pricing
  • Project Cost Overrun Dispute
    For a large sour condensate stripper facility, evaluated a significant project cost increase over the original estimate, taking into account work scope changes, market escalation, the accuracy of the original estimate, and the impact of project delays.  An assessment was made of the reasonableness in each category and the likelihood of success with respect to cost recovery via litigation proceedings from a technical standpoint.  The project was designed and constructed during a period of rapidly escalating labor and material costs.
    EPC-related
  • Gas Processing Metallurgy Replacement
    Evaluated the reasonableness of a large project’s cost to replace the piping with a different metallurgy for a high-pressure, high-temperature sour gas reinjection facility in Central Asia.  Also opined on the industry knowledge of the proper metallurgy at the time of construction of the original facility.
    EPC-related, Industry Practice/Standard of Care
  • Fall Protection Evaluation
    Investigated circumstances concerning the injury to a person who fell from a loading dock.  Provided opinions regarding general safety requirements, industry practices, and fall protection requirements for this type of activity.
    Industry Practice/Standard of Care, OSHA-related
  • Misappropriation of Trade Secrets
    Using chemical engineering expertise, process design background, and experience in operations and manufacturing, provided an opinion on the likelihood of another firm’s ability to produce the same pharmaceutical chemical with comparable quality and value as the original product without utilizing trade secrets learned from the intellectual property owner.
    Intellectual Property, Product Quality
  • Crane Accident Claim Analysis
    Analyzed business interruption and property damage insurance claim by a refinery operator resulting from a crane accident. This included analysis of the cost to repair the physical damage from the accident, the impact to schedule and cost of a process unit turnaround that was in progress at the time of the accident, and valuation of lost production due to the accident.
    Business Interruption, Operations/Maintenance, Property Damage
  • Gas Plant Emergency Shutdown Design Analysis
    To determine whether a system complied with key requirements, reviewed design of cryogenic gas plant emergency shutdown system in connection with a fire event to assess conformance with API RP 521 (Guide for Pressure Relieving and Depressuring Systems).  Provided affidavit of merit pursuant to Texas Civil Practice Section 150.002.
    EPC-related, Expert Witness/Testimony
  • Refinery Lost Profits Claim
    Developed an opinion of reasonable lost profits, in excess of $100 million, resulting from a crude oil supply force majeure and refinery downtime after a fire. Reviewed testimony and refinery linear program files.
    Business Interruption
  • MTBE Litigation
    Supported joint defendants in litigation involving alleged MTBE contamination in groundwater. Analyzed gasoline supply issues to central Illinois over the period 1980 to 2006. 
    Industry Practice/Standard of Care
  • Natural Gas Gathering Disputes
    Provided expert report regarding claims involving natural gas measurement, prudent operations, natural gas pricing, surface estate issues, reasonable accommodations, and environmental considerations.
    Industry Practice/Standard of Care
  • Tennessee Gasoline and Ethanol Blending
    Provided an expert report and expert testimony on the production and distribution of ethanol and gasoline, particularly branded gasoline, in the state of Tennessee.  Provided a refiner perspective of the impact of the Renewable Fuel Standard on gasoline blending, distribution, and marketing operations.
    Expert Witness/Testimony, Pricing
  • Failure Analysis of Pressure Washer
    Evaluated the cause of a failed hot water pressure washer used during a road construction project.
  • Oil Field Pipe Dispute-Insurance Claim
    Reviewed a claim involving an insurance dispute relating to proper preservation of drilling pipe in a storage yard following a hurricane.
    EPC-related, Industry Practice/Standard of Care
  • Pipeline Pigging Accident
    Reviewed injury accident that occurred while pigging a gathering pipeline to remove formation water produced with natural gas. Provided an expert report regarding applicable industry standards regarding operation of vacuum truck for disposal of formation, as well as observations regarding the contractual responsibilities of the tank truck operator and the production operator.
    Industry Practice/Standard of Care, Pipeline, Safety
  • Refinery Construction Dispute
    Evaluated dispute between a mechanical subcontractor and owner on a refinery expansion project in the Middle East. Evaluated issues related to delay and disruption caused by material delivery delays.
    EPC-related
  • Refinery Contractor Indemnification Dispute
    Provided expert opinion concerning an indemnification dispute between a refiner and contractor, as well as the standard of care and practice in the industry concerning the design and construction of a piping relief system.  Also opined on the refinery owner’s responsibilities concerning the acceptance and maintenance of completed piping systems.
    EPC-related, Industry Practice/Standard of Care, Operations/Maintenance
  • Gas Producer Contractual Dispute
    Provided expert report and testified in federal bankruptcy court concerning disposal costs of produced salt water, reasonableness of a farm-out joint venture agreement, costs of capital, and salvage value of production equipment.
    Industry Practice/Standard of Care
  • Refinery Explosion, Subrogation of Insurance Claim
    Assisted in a dispute concerning a rebuild estimate, which was the subject of subrogation, for an oil refinery process plant damaged by an explosion.  
    Property Damage
  • MTBE Litigation
    Provided expert report that evaluated and discussed the issues concerning why MTBE was chosen over ethanol to the federal oxygenate requirements in the early 1990s.  Also included was a discussion of how gasoline was supplied to the local region in California over the 1990s and early 2000s. 
    Industry Practice/Standard of Care
  • Project Development Dispute
    Prepared an expert report and delivered a deposition and testimony at jury trial in a dispute involving a project development claim. The dispute focused on the value and likelihood of successful completion for two projects in the early stages of development: a natural gas salt dome storage facility and a petroleum products terminal.
    Expert Witness/Testimony, Industry Practice/Standard of Care
  • Offshore Oil Lease Development Dispute
    Provided an assessment and expert report that determined estimates of the economic value for an undeveloped oil block in offshore Sierra Leone.  The analysis synthesized an FPSO development approach and various scenarios of reserve volumes, development timelines, and oil prices to arrive at an indicative value for lease development.
    Offshore, Pricing, Project Feasibility
  • Review Insurance Claim
    Reviewed an insurance claim for refinery "opportunity loss" resulting from a dock closure because of an oil spill.
    Business Interruption
  • Dust Explosion Capability Testing
    Provided assistance in testing of explosiveness of resin dust during the operation of hand tools in a confined space.  Dust test results were videotaped and used for litigation support.
    Safety
  • Plant Commissioning Review
    Provided initial guidance and comments regarding the development of a commissioning and start-up schedule for a polypropylene plant. Provided initial input into how plant start-up incidents affected the commissioning schedule.
    Business Interruption, Operations/Maintenance
  • Dispute Support - Groundwater Contamination
    Provided expert witness support regarding a groundwater contamination claim at a closed refinery. Provided opinions regarding the standards of care and operation of the former refinery. Prepared a written expert report.
    Environmental, Industry Practice/Standard of Care, Operations/Maintenance
  • Tube Sheet, Flare Tip Matter
    Investigated the cause of tubesheet and flare tip damage related to an unplanned sudden shutdown of the facility.  Evaluated whether damage was caused by the shutdown, long-term wear, or contractor error during installation.  Provided expert support through mediation and settlement efforts.  
    EPC-related, Industry Practice/Standard of Care, Operations/Maintenance
  • Biodiesel Plant Construction Dispute
    Evaluated engineering and construction practices in a dispute between an owner and EPC contractor due to cost overruns.  Issues included engineering and project management practices which required rework, and construction practices which created safety and operability issues.  Cost estimates were prepared for correcting the deficiencies.
    EPC-related, Industry Practice/Standard of Care
  • Gas Compressor Incident Dispute
    Provided expert opinions concerning a gas compressor failure insurance claim related to:  (1) evaluating the gas processing facilities' maintenance and standard of care practices compared to industry standards; and (2) reviewing the operating practices and programs utilized at the facility to determine if these practices caused or contributed to the incident and subsequent damage.
    Industry Practice/Standard of Care, Operations/Maintenance
  • Gas Treating Facility Explosion Investigation
    Investigated cause of system overpressure and shutdown of downstream pipelines which led to flange gasket failure and fire.  Reviewed system design, construction, and overpressure protection at wellheads located upstream to determine cause of failure.   
    EPC-related, Industry Practice/Standard of Care, Pipeline, Safety
  • Production Sharing Dispute
    Reviewed amended field development plan with respect to a PSA dispute between government and operator consortium over a proposed multi-billion dollar increase in projected final costs. Prepared expert report, reply report, and provided oral testimony.
    Arbitration, EPC-related, Expert Witness/Testimony
  • Horizontal Drilling Property Damage
    Reviewed damage to private property (farmland) allegedly caused during the installation of an underground pipeline.  A portion of the pipeline was installed using the technique of horizontal directional drilling (HDD). 
    EPC-related, Pipeline, Property Damage
  • Natural Gas Gathering Fee Dispute
    Reviewed natural gas contracts to opine on whether addition of a gas gathering fee was consistent with typical commercial experience on intrastate pipelines.
    Commercial Terms Review, Pipeline
  • Hurricane Damage Insurance Dispute
    Assessed the impact of a hurricane to a refinery and its impact on turnarounds being executed at residue upgrading process units.  Support included investigating failures incurred to a flare and to a heater, their relationship to the hurricane, and subsequent shutdowns of process units.  
    Operations/Maintenance
  • Refinery Risk Assessment
    In support of questions relating to company stock valuation, assessed the technical and commercial risks inherent in several refineries owned by a U.S. refining company.
  • Refinery Valuations
    Prepared annual property values for several major refineries amounting to several billion dollars.  Assisted with discovery, inspected each of the plants, and analyzed refinery operations and profitability.  Assisted in negotiating settlements.  Testified in public hearings before appeals boards.
    Ad Valorem Taxes, Expert Witness/Testimony
  • Settlement Hearing
    Testified on a dispute between an independent producer and a processor regarding the fairness of a proposed natural gas processing agreement in the Fort Worth Basin.
    Expert Witness/Testimony
  • Supply Contract Dispute
    Assisted in breach of contract claims regarding a helium supply agreement from a large natural gas processing/treating complex.  Analyzed historical operation and performance of processing and extraction facilities, including sources and composition of gas supplies, plant shutdowns, and plant turndown capabilities.  Reviewed plant performance, including operating costs, efficiencies, and operating modes to support defendant's plant operations.
    Industry Practice/Standard of Care, Operations/Maintenance, Product Quality
  • Terminal Operations
    Provided litigation support assistance and expert opinion for case involving historic Standard of Care issues with petroleum product terminals.
    Environmental, Industry Practice/Standard of Care, Operations/Maintenance, Toxic Tort
  • Trans-Alaskan Pipeline (TAPS) Quality Bank
    Provided expert testimony before extended hearings of both the Federal Energy Regulatory Commission (2004) and the Alaskan Public Utilities Commission (2007) with respect to the methodology used to value various Alaskan crude oil streams entering TAPS.  Issues included how to calculate the refining values of such crude oils in U.S. West Coast refineries and how changes in the indicated market values of crude oils should be handled from a retrospective basis.  
    Crude Oil Valuation, Expert Witness/Testimony, Pipeline, Pricing, Product Quality
  • Turbine Fire
    Performed review of root cause analysis of the failure of a 125 MW generating steam turbine.
    Operations/Maintenance, Safety
  • Pipeline Operating Dispute
    Assisted in a dispute between an owner and an operator of a recently-constructed crude oil pipeline.  Prepared an expert report concerning:  (1) the facilities that should have been provided as part of the capital project to construct the pipeline; (2) the equipment necessary to operate and maintain the pipeline; and (3) whether defects found during the early operating period were the result of improper equipment design specifications and construction, or improper operation and maintenance.  Testified at arbitration in London.
    Arbitration, Commercial Terms Review, Environmental, Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance, Pipeline
  • Marine Accident Investigation
    Investigated causes for contamination of a cargo of residual fuel aboard a barge that exploded and sank.
    Industry Practice/Standard of Care, Operations/Maintenance, Product Quality, Property Damage, Safety, Waterborne/Marine
  • Upstream Process Equipment: Intellectual Property Infringement
    In support of a dispute between a technology owner and a manufacturer, provided an opinion on the likelihood or not of another firm’s ability to produce the same equipment with comparable features as the original product without utilizing trade secrets learned from the intellectual property owner.
    Intellectual Property
  • Gasification Process: Unauthorized Use of Proprietary Trade Secrets
    In support of a dispute between a technology owner and a start-up company, provided an opinion regarding the extent to which the start-up company may have relied on confidential and proprietary trade secrets, know-how, and other specific process information.  In developing an opinion,  reviewed all pertinent technical information, including experimental results and plant data, design details, and drawings from each party.  Engineering and design experience provided the background needed to understand if proprietary information had been incorporated in a new design.
    Gasification, Intellectual Property
  • Acetic Acid Process: Intellectual Property Infringement
    Using chemical engineering expertise, process design background, and experience in operations and manufacturing, provided an opinion on the likelihood of another firm’s ability to produce the same organic acids with comparable quality and value as the original product without utilizing trade secrets learned from the intellectual property owner.
    Intellectual Property, Product Quality
  • Jet Fuel Supply Contract Dispute
    Assisted a large refining client that was a defendant in a claim related to a force majeure declaration resulting from a hurricane. The dispute centered around a jet fuel supply contract and Baker & O'Brien assessed the supply conditions, transportation and other parameters related to the case.
    Commercial Terms Review
  • Industrial Gas Contract Evaluation
    Evaluated a contract for supply of nitrogen to petrochemical facilities. Specifically assessed the nitrogen pricing terms and interpretations.
    Commercial Terms Review, Pricing
  • Wholesale Supply Contract Dispute
    Reviewed supply contract dispute and claims that customer was overcharged for product delivered to customer's retail locations. Completed an analysis of refinery gate prices, regional wholesale pricing, and transportation charges for deliveries to each location to determine if overall charges to customer were consistent with transportation logistics and contractual obligations.
    Commercial Terms Review, Pricing
  • Gas Plant Construction Dispute
    Provided expert advice with respect to standard and customary practices of gas plant design and construction.
    EPC-related
  • MTBE Contamination Litigation
    Supported several oil company clients in defense of claims that the inclusion of MTBE in gasolines supplied to the State of New Hampshire caused contamination of water wells in the state. Provided information on the supply of MTBE-blended gasolines to the State and assessed availability of other oxygenates (primarily ethanol) to meet EPA requirements for oxygenated fuels. Testified at trial.
    Expert Witness/Testimony, Product Quality
  • PET Manufacturer Business Interruption Claim
    Assisted in a dispute concerning a petrochemicals business interruption claim and lawsuit after a declaration of force majeure by the manufacturer.  Reviewed pertinent data provided by defendant's counsel and prepared written reports, affidavits, and deposition regarding the claims.  
    Business Interruption
  • Dock Collision Business Interruption Claim
    Assisted in a dispute concerning a refinery business interruption claim and lawsuit after a marine vessel allision with a refinery dock.  Analyzed need for extraordinary refined product marine and pipeline movements, as well as trading activity and demurrage claims.  
    Commercial Terms Review, Waterborne/Marine
  • Heat Exchanger Failure Investigation
    Investigated cause and events surrounding the rupture of process precooler involving one fatality. Assisted outside counsel by evaluating plant maintenance, safety and operator training procedures compared to industry accepted practices, as well as developing an understanding of probable circumstances that led to the event.
    Industry Practice/Standard of Care, Operations/Maintenance, Safety
  • Refinery Construction Dispute and Arbitration
    Following previous arbitrations regarding liability for change orders and delays associated with a refinery expansion/upgrade, Baker & O'Brien was engaged to estimate the "quantum" amounts associated with over 400 individual claims that had been addressed by the arbitration tribunal and its technical advisor.  We testified regarding our estimates at a final arbitration hearing.   
    EPC-related
  • Hot Fuel Class Action Claim
    Provided expert witness testimony and litigation support in a class action lawsuit claiming that sales of retail gasoline should be temperature corrected at the pump. Evaluated seasonal gasoline property variability, among other key factors.
    Expert Witness/Testimony, Product Quality
  • Ethanol Class Action Litigation
    Assisted a major Florida fuel marketer in Florida in defense against class action claims that ethanol-blended fuels had resulted in damaged boat engines, fuel tanks, and other marine/recreational equipment. Reviewed terminal blending and quality control practices, the actual quality and formulation of gasolines delivered to Florida consumers, and state specifications controlling the quality of such gasolines.
    Commercial Terms Review, Product Quality
  • MTBE Litigation - East Coast
    Supported joint defendants in litigation involving alleged MTBE contamination in groundwater. Analyzed gasoline supply issues to the New York Long Island area over the period 1980 to 2006 and submitted expert report.
    Environmental, Expert Witness/Testimony
  • North Carolina Gasoline and Ethanol Blending Analysis
    Provided an expert report on the production and distribution of ethanol and gasoline, particularly branded gasoline, in the state of North Carolina. Provided a refiner's perspective of the impact of the Renewable Fuel Standard on gasoline blending, distribution and marketing operations, considering the options, alternatives and risks of selling gasoline without ethanol.
  • MTBE Litigation - West Coast
    Supported joint defendants in litigation involving alleged MTBE contamination in groundwater. Analyzed gasoline supply issues to the Los Angeles basin over the period 1980 to 2006. Expert report submitted and deposition taken, however case settled prior to trial.
    Environmental, Expert Witness/Testimony
  • Refinery Business Interruption - Marine Spill
    Conducted an assessment of business interruption damages stemming from downtime caused by an oil spill which disrupted marine traffic at several adjacent manufacturing facilities.  
    OSHA-related, Waterborne/Marine
  • Coker Incident and Design Assessment
    Reviewed project management procedures and facilities design of an oil refinery project after a subsequent structural failure.  Provided written report and oral deposition regarding design responsibility and failure liability.  
    EPC-related, Operations/Maintenance
  • Ethanol Contract Dispute
    Assisted in a dispute between gasoline marketing firm and an ethanol producer in arbitration over a long -term ethanol supply contract from a new production facility.  Testified in arbitration regarding the development of the contract pricing formula, how it was to be applied, and the shortcomings associated with it. 
    Arbitration, Commercial Terms Review, Pricing
  • MTBE Litigation and Expert Report
    Provided expert report on behalf of a joint defense group of gasoline marketing companies that discussed the many issues concerning why MTBE was chosen over ethanol to meet the federal gasoline oxygenate requirements in the early 1990s. Also included was a discussion of how gasoline was supplied to the local region in California over the 1990s and early 2000s.
    Environmental, Expert Witness/Testimony, Product Quality
  • Air Compressor Incident Investigation
    Provided independent assessment of an accident that occurred at a container manufacturing facility involving an air compressor and high pressure piping. Efforts included reviewing the compressor operators' work practices and potential causes of the incident.
    Industry Practice/Standard of Care, Operations/Maintenance, OSHA-related, Safety
  • Petroleum Revenue Override Dispute
    Reviewed contract, evaluated contract terms and key definitions and analyzed royalties related to a large West African oil, gas, LNG and petrochemical complex.
    Pricing
  • Heat Exchanger Failure Investigation
    Investigated circumstances concerning a heat exchanger failure that resulted in a fire and explosion, fatally injuring several employees. Investigation included evaluating relevant operating records and comparing these with design specifications to evaluate whether exchanger was operated, inspected and maintained in accordance within design parameters and industry practices. Prepared expert report.
    Industry Practice/Standard of Care, Operations/Maintenance, Safety
  • Refinery Valuation Dispute and Arbitration
    Developed an opinion of the value of a joint venture company that owned and operated a large petroleum refinery in Eastern Europe. Evaluated the refinery's financial performance, capabilities and competitive position, as well as other valuation metrics, such as replacement cost and comparable refinery transactions. Provided testimony at international arbitration.
    Arbitration, Expert Witness/Testimony
  • Tank Truck Fatality Incident
    Provided inspection of truck tank and tank cleaning facilities related to a fatality accident. Investigation including collecting samples of tanker contents for further testing.
    Safety
  • Undersea Pipeline Damage Repair Costs
    Assisted client by providing opinion on reasonableness of claimed repair costs to an undersea pipeline damaged by a ships's anchor.
    EPC-related, Offshore, Pipeline, Property Damage
  • Methanol Contract Dispute
    Provided an expert opinion on several aspects related to a methanol supply contract dispute.
    Commercial Terms Review, Expert Witness/Testimony, Pricing
  • Refinery Risk Assessment
    Assessed the technical and commercial risks inherent in each of several refineries owned by a U.S. refining company.
  • Hydrogen Sulfide Incident Investigation
    Following a fatality caused by exposure to hydrogen sulfide at a crude oil storage tank with a known sour gas atmosphere, investigated the causes for the incident and the operating and maintenance practices (standard of care) with respect to: supervision, training, and use of personal protective equipment.
    Industry Practice/Standard of Care, OSHA-related, Safety
  • Confined Space Incident and Dispute
    Provided support in a wrongful death dispute regarding a confined workspace incident.  The incident involved nitrogen asphyxiation where two maintenance contractors died.  Investigated the cause and origin of the incident, including work procedures and practices. 
    Operations/Maintenance, OSHA-related, Safety
  • Piping Purchase Dispute
    Reviewed purchase order documentation for piping material and provided opinion on whether the material met the engineering specification and requirements.
  • Refinery Repair Costs Dispute
    Provided expert assistance and a written report for a dispute concerning reasonable contractor repair costs for an oil refinery unit after it had been damaged by fire.
    EPC-related, Property Damage
  • Contractor Tripping Incident
    Investigated circumstances concerning the personal injury of a contract employee. Provided opinions regarding general safety requirements, industry practices, contractor training and safety expertise and utilizing contractors for the activity being performed.
    Operations/Maintenance, OSHA-related, Safety
  • Storage Tank Spill Incident
    Developed an expert witness report associated with a spill from a sour naphtha storage tank.  Reviewed numerous documents and depositions to develop opinions associated with the event.  Provided expert opinions on the standards of care and operation of a petroleum refinery. 
    Environmental, OSHA-related, Safety
  • Equipment Demolition / Fire Investigation
    Investigated circumstances of a large refinery fire related to a hydrocarbon release from a partially demolitioned open-ended pipe. Developed expert report of findings and provided opinions concerning industry practices and standards of care for the demolition of decommissioned facilities. Provided deposition and arbitration testimony.
    Arbitration, Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance, Safety
  • Valve Failure Investigation: Herbicide Plant
    Investigated the design and operations of a batch reactor process for the manufacture of herbicides in relation to a piping failure.  Equipment material of construction was the focus of the analysis.  
  • Gas Plant Construction Dispute
    Prepared expert report for AAA arbitration regarding alleged deficiencies by the EPC contractor relating to compliance with recognized and generally accepted good engineering practice (RAGAGEP) for adherence with OSHA requirements. Multiple issues, including control room safe location, electrical area classification, positive material identification, process hazard analysis, metallurgy selection, and building ventilation design were addressed.
    EPC-related, OSHA-related
  • Fall-Related Injury Investigation
    Investigated circumstances concerning the personal injury of a contract employee who fell inside a flue gas system during a refinery turnaround.  The investigation included evaluation of:  (1) refinery safe work practices compared to industry standards; (2) utilization of fall arrest systems to mitigate the presence of fall hazards; (3) the responsibilities of both operating companies and contractors to recognize and develop plans to mitigate fall hazards; and (4) responsibilities of both parties to execute and communicate turnaround work plans.
    Industry Practice/Standard of Care, OSHA-related, Safety
  • Flare Tower Design Review
    Independently reviewed the design of two flare towers for an LNG onshore facility. Commented on the EPCM contractor's responsibilities to review the work product of subcontractors and vendors.
    EPC-related, Industry Practice/Standard of Care, LNG
  • Stainless Steel Braided Hose Failure
    Provided technical expert witness assistance in dispute concerning the failure of a braided stainless steel hose in a medical facility.
  • Wind Turbine Generator Failure Analysis
    Analyzed and provided expert testimony on the frequent failure of doubly-fed electrical generators located at a wind power generation facility. Examined and critiqued: the previous investigations concerning the possible causes, whether possible causes were linked to design, manufacturing or operation; and whether adequate steps had been taken to obviate further failures. Opined on whether the equipment was fit for purpose.
    Operations/Maintenance
  • U.S. Crude Oil Study
    In response to increasing production of U.S. light crude oil, estimated a range of light crude oil prices that would be required in order for moderately complex refiners to break-even versus processing medium crude oil. Developed a forecast for North American crude oil production by major producing basin in order to understand the point in time at which essentially all light crude oil imports would be displaced from the North America market.
    PRISM Data or Analysis
  • Lawsuit Settlement Analysis (Refinery Metrics)
    Provided client with an analysis of key refinery operating data that helped evaluate their liability in an environmental contamination lawsuit. The analysis formed the basis of the client's settlement offer.
  • Hot Tap Incident
    Evaluated and incident involving a "hot tap" on processing pipeline and resultant leak. Assisted refinery owner and outside counsel in action brought against maintenance contractor.
    Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance
  • Asbestos Insulation Litigation
    Advised client of typical engineering standards regarding the use of asbestos insulation prior to the early 1970s.
    Toxic Tort
  • Residual Fuel Oil Valuation
    Provided an assessment of the quantity, quality, and value of fuel oil recovered during demolition of storage tanks at a power plant.
    Commercial Terms Review, Expert Witness/Testimony, Pricing, Product Quality
  • Fuel Oil Contamination
    Reviewed documents related to contamination of residual fuel oil in storage. Dispute settled prior to developing an expert report.
  • Drilling Incident Investigation
    Following an incident on an oil drilling platform, assisted with the investigation to discern whether relevant practices, e.g., API and others, were followed.
    Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance, OSHA-related, Safety
  • Refinery Fire Insurance Claim
    Assisted in a dispute concerning a rebuild estimate, which was the subject of subrogation, for an oil refinery process plant damaged by fire.  
    Business Interruption, Property Damage
  • Nitrogen Manifold Failure
    Provided litigation support for nitrogen manifold explosion.
    Operations/Maintenance, Safety
  • Contract Company, Bankruptcy Dispute
    Supported client in a contractor bankruptcy case by providing  opinions concerning (1)  industry practices plant operators (owners) take to vet industrial contractors for consideration to perform work at their site; (2)  impact to operations following the suspension of work by a contractor during turnaround without prior notice; and (3) efforts owners may take to mitigate the impact of work suspension.  Developed expert report and provided deposition testimony. 
    Commercial Terms Review, Expert Witness/Testimony, Operations/Maintenance
  • Refinery Business Interruption Assessment
    Assisted in a dispute concerning factors which may have contributed to an explosion and prepared an estimate of lost profits stemming from the resultant loss incident.  
    Business Interruption, Expert Witness/Testimony, Property Damage
  • Propane Pricing Analysis
    Evaluated the historical development of propane prices in a key North American market, and developed a report that assessed propane supply-demand dynamics and price response, given the increasing availability of supply.  Evaluated the evolution of company price postings and compared independently-assessed, third party prices to these postings.  Provided opinions on the best propane price reference points to be used in commercial supply contracts. 
    Arbitration, Commercial Terms Review, Pricing
  • Refinery Fire Claim
    Provided litigation support for a valve supplier with regards to an insurance subrogation claim associated with a refinery fire.  Determined extent of damage, cost and time to repair, and estimated business interruption if refinery facility had been designed per normal industry standard.
    Business Interruption, Expert Witness/Testimony, Property Damage
  • Pipeline Quality Bank Dispute
    Reviewed claims by a crude oil refiner to adjust the valuation of the residuum cut in the TAPS Quality Bank.  Reviewed the residual fuel markets and the delayed coking capacities and operations for several West Coast refiners.  Provided written and oral testimony before a FERC Administrative Law Judge.
    Crude Oil Valuation, Expert Witness/Testimony, Pipeline, Pricing
  • Needle Coke Price Dispute
    Provided an opinion on the market price of needle coke in connection with a dispute submitted to the International Centre for Expertise of the International Chamber of Commerce.
    Arbitration, Commercial Terms Review, Pricing, Product Quality
  • Faulty Equipment Claim
    Assisted refinery operator with an insurance claim concerning the delivery and operations of a faulty air cooler.  Reviewed documentation and supported client to determine roles and responsibilities of the equipment supplier to design, fabricate and deliver equipment free from manufacturing defects.
    Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance, Property Damage
  • Refinery Equipment Valuation
    Determined the estimated market value of idle refinery equipment that was designated as loan collateral.  Prepared a report valuing the equipment under different sales scenarios including as an entire refinery, by individual process units, by individual equipment item and as scrap value.
    Physical Asset Appraisal
  • Refinery Turnaround Dispute Arbitration
    Investigated the cause/origin of a leak that developed on a process unit after a turnaround, leading to an extended shutdown.  Evaluated various damage models used to estimate the value of loss of use of the process unit and the reduced operation of the refinery.  Submitted an expert report on the leak liability issues and the estimated value of loss of use of the process unit and its effects on refinery operations.  
    Arbitration, Business Interruption, Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance
  • Gasoline Supply Analysis
    Prepared several regional maps showing sources of gasoline supply to various states including refineries, pipelines and waterborne routes.
    Pipeline
  • Condensate/Diluent Analysis
    Developed a diluent supply and demand balance to determine if U.S. lease condensate is being blended into Canadian bitumen for import into the U.S.  Evaluated multiple approaches to identify any potential U.S. lease condensate being blended into Canadian bitumen.
  • New Refinery Fatal Flaw Analysis
    Provided an initial assessment to a local government body regarding the development of a 20,000 B/D refinery in North America.  Interviewed the project team and reviewed project documents and identified potential concerns for the project progressing as envisioned.  Prepared a written report of the key findings and concerns.
    Project Feasibility
  • Debutanizer Tower, H2S Incident
    Developed an expert witness report associated with an incident concerning an H2S release during the scheduled turnaround activities involving a debutanizer tower. 
  • Refinery Economic Losses Due to Fire
    Prepared an assessment to quantify the economic damages resulting from a refinery fire that caused damage to equipment and a lengthy shutdown of a refinery distillation and conversion train.  Prepared a detailed report that documented both business interruption losses and repair costs for damaged equipment.  Provided testimony in deposition and district bench trial.
    Business Interruption, Commercial Terms Review, Expert Witness/Testimony, Pricing, Property Damage
  • Power Plant Cooling Tower Operation
    Assisted in a dispute concerning whether or not the alleged excessive vibration observed in an operational cooling tower was outside the limits of operational integrity called for in the operating insurance policy. 
  • Asphalt Refinery Dispute
    Provided analyses on locating an asphalt refinery on a property and expert witness deposition testimony involving the construction of an asphalt refinery.
    Operations/Maintenance, Physical Asset Appraisal
  • Gas Plant Acquisition Dispute
    After concluding a transaction, the acquiring party claimed that the facilities were not sufficient to conduct business due to deficiencies related to design, construction, safety, and failure to meet environmental regulations.  Visited the plant to interview key personnel, viewed the physical facilities, and reviewed relevant operational, safety, and engineering design information.  Our findings and opinions were presented in an expert report which was submitted into evidence.
    Arbitration, Expert Witness/Testimony, OSHA-related
  • Barge Loading Incident Investigation
    Investigated a marine over pressure and rupture incident which occurred while loading a barge with light stabilized hydrocarbons.
    Safety
  • Post-incident Equipment Preservation Review
    Assisted client by assessing preservation techniques and "mothballing" efforts following the catastrophic failure of a vessel at a specialty products company. Incident resulted in an insurance claim for damaged equipment and idled equipment in the vicinity of the vessel failure.  Efforts included assessing preservation techniques utilized at the plant compared to industry practices, developing an expert report, and providing expert testimony. 
    Operations/Maintenance
  • Paper Mill Safety Incident
    Assisted attorneys by investigating the circumstances concerning an incident that occurred at a paper plant during a scheduled turnaround that resulted in a fatality. Issues studied included assessing work practices and safety procedures utilized to prepare equipment for turnaround activities, including vessel entry and paper mill plant design. 
    Forensic Analysis , Operations/Maintenance, OSHA-related, Safety
  • Flash Fire Investigation
    Investigated circumstances concerning a flash fire that occurred during vessel entry and cleaning operations.  The investigation included the:  (1) assessment of refinery safe work practices  compared to industry standards and government regulations; (2) utilization of vessel entry and confined space safety practices to mitigate ignition hazards; and (3) responsibilities of both the operating company and contractor organization to recognize,  develop, and follow safe work plans to prevent potential flash fires from occurring during vessel entry.  Developed and submitted expert report. 
    Forensic Analysis , Operations/Maintenance, OSHA-related, Safety
  • Litigation Support for Asbestos Claim
    Asbestos Litigation---provided expert input and litigation support for trial preparation on refinery/chemical personnel's exposure to asbestos gaskets and equipment insulation materials. 
    Environmental, Operations/Maintenance, OSHA-related, Safety, Toxic Tort
  • Refractory Failure Investigation
    Provided expertise and technical assistance related to the evaluation of a failed refractory in a methanol reformer. 
    Business Interruption, Forensic Analysis , OSHA-related, Property Damage
  • Production Facility EPC Dispute
    Reviewed and opined on different aspects of a dispute between the developer of an oil production facilities project and the EPC contractor.  Assessed variation/change orders for entitlement and reviewed claims of preferential engineering (versus functional design).   
    Arbitration, EPC-related, Expert Witness/Testimony
  • Power Outage Cause and Origin
    A refinery suffered an unplanned shutdown due to a power outage.  At the time of the incident, the power source was from the grid via a third-party cogeneration station.  Analyzed facilities and procedures to determine which parties: the grid, the cogeneration station, and/or the refinery, contributed to the outage.
    Expert Witness/Testimony
  • Feedstock Supply Dispute
    Reviewed the incidents of feedstock disruption and its effects on production of a basic chemical by a chemical producer in its dispute concerning a long-term feedstock supply contract.  Dispute was settled at an early stage, prior to the preparation of an expert report.
    Arbitration, Commercial Terms Review, Operations/Maintenance
  • Gasoline Supply Map
    Prepared a regional map showing sources of gasoline supply to a specific state, including refineries, pipelines, and waterborne routes. Analyzed gasoline supply logistics from terminals within, or near, the subject state.
  • Chemical Plant Construction Dispute
    Provided expert report on construction dispute concerning prefabricated module manufacturing quality and cost overrun issues.
    EPC-related
  • Gas Plant Construction Dispute
    Prepared expert report and testified regarding alleged performance deficiencies of a general mechanical contractor performing a reimbursable construction project.  The project allegedly experienced poor productivity, resulting in cost overruns and schedule delays.  Assessed the different potential causes of alleged poor productivity, including project management, scope changes and weather impacts.
    Arbitration, EPC-related, Expert Witness/Testimony, Industry Practice/Standard of Care
  • EPC Construction Dispute
    Provided expert support in a construction dispute relating to a natural gas processing plant in North America.  The dispute primarily concerned engineering design issues and whether the installed facilities met contract, specification, and industrial standard requirements.
    EPC-related, Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance
  • Fracking Equipment Fire
    Assisted with the Cause and Origin investigation of a fire on a blender used in a fracking operation.   
    Expert Witness/Testimony, Forensic Analysis , Industry Practice/Standard of Care
  • Marine Dock Business Interruption Claim
    Reviewed documents and provided analysis concerning a marine collision with the crude oil unloading dock, which resulted in a business interruption claim for a Gulf Coast refiner.
    Business Interruption, Waterborne/Marine
  • Crude Oil Supply Contract Dispute
    Provided an expert report for a crude oil supplier who lost its contract to a refiner.  Provided a valuation versus alternative crude oils as to the value of the cancelled crude oil supply contract.  Dispute settled prior to trial.
    Expert Witness/Testimony, Physical Asset Appraisal, Waterborne/Marine
  • Refinery Business Interruption Claim
    On behalf of an insurer, calculated the business interruption expense for a Gulf Coast refinery associated with a delay in receiving crude oil via ship.  Reviewed calculations provided by the refinery and opined on associated business interruption impacts associated with the delay in receiving crude oil shipments.  Provided an expert report, which enabled a settlement in the dispute.
    Business Interruption, Waterborne/Marine
  • Business Interruption Claim Analysis
    Reviewed preliminary business interruption calculations related to a ship collision incident at a refinery dock.  Developed a revised business interruption estimate, which resulted in a claim settlement.
    Property Damage, Waterborne/Marine
  • Standard of Care During Ethylene Plant Outage
    Reviewed the shutdown and subsequent start-up of an ethylene plant following a utility outage.  Reviewed liquidated damage calculations.
    Industry Practice/Standard of Care, Operations/Maintenance
  • Gas Pipeline Dispute
    As a member of the three person dispute resolution board for a gas pipeline construction project, reviewed, evaluated, and determined liability for project claims brought before the board.  
    Commercial Terms Review
  • Electrical Supply Disruption
    Following the sudden loss of electrical supply to a chemical plant, which resulted in equipment damage, the chemical plant owner claimed that the electricity supplier was negligent.  In addressing the root cause of the equipment damage, our work assessed the following parameters: (1) the nature of the supply contract; (2) the nature of the outage - whether intentional or inadvertent; (3) the chronology of events following the outage; (4) the designs of the electrical systems in question; and (5) the operational procedures in the event of a power outage and whether they were followed.
    Business Interruption, Industry Practice/Standard of Care, Operations/Maintenance, Property Damage
  • Pipeline Pig Station Incident Investigation
    Reviewed information concerning a fire associated with the commissioning of a pipeline station and equipment skid. Purpose was to assess cause and origin for the incident and roles and responsibilities of the operating company and equipment supplier associated with the project. 
    Property Damage
  • IPP/Refinery Power Generation Outage Dispute
    Assessed the cause(s) of supplier's steam and electricity generation failure and mitigating actions by the refinery/petrochemical customer. Preliminary findings and a document request were provided to the client.
    Arbitration, Business Interruption, Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance, Property Damage
  • Insulation Works Dispute
    Provided expert witness assistance with technical issues regarding the installation of insulation on an LNG facility.  Baker & O'Brien reviewed the technical issues, prepared an expert report, and testified regarding our opinions in an ICC Arbitration hearing.
    Arbitration, EPC-related, Expert Witness/Testimony, Industry Practice/Standard of Care, LNG
  • Pulp and Paper Mill Construction Dispute
    Opined on engineering standard of care issues and issued an expert report for use in a dispute between the owner of a pulp and paper mill and an engineering firm as it related to a major turnaround project.
    EPC-related, Expert Witness/Testimony, Industry Practice/Standard of Care
  • Floating Production Platform Dispute
    Reviewed, opined, and prepared expert report regarding the project cost differences experienced during construction of the hull and integration of topsides for a semi-submersible platform, which was placed into service offshore of Brazil.  Our review included a change in the construction site, changes in construction strategy, and changes in the sequence of construction. 
    Arbitration, EPC-related, Expert Witness/Testimony, Industry Practice/Standard of Care, Offshore
  • Refinery Construction Dispute
    Assist client and provide expert consulting support assessing responsibilities of an EPC contractor, as well as project execution and start-up issues associated with the construction and start-up of a grassroots refinery. 
    Arbitration, Business Interruption, EPC-related, Industry Practice/Standard of Care, Operations/Maintenance, Property Damage
  • Natural Gas Measurement Dispute
    Assisted client with a "Discovery Request" regarding measurement of shale-play natural gas from a field meter.   Reviewed accounting records, photos, and meter specifications to determine if consistent with industry standards for measuring natural gas.  
    Commercial Terms Review, Industry Practice/Standard of Care, Operations/Maintenance
  • Retail Marketing Contamination Dispute
    A gasoline marketer that had withdrawn from a particular region was being sued for alleged contamination from leaking underground storage tanks at retail marketing locations in that region. We were retained to provide an overview of the gasoline supply chain with an emphasis on the various types of retail operations and to review the plaintiffs’ claims regarding the number of retail outlets that were owned and controlled by that company in the relevant time period.
    Environmental, Expert Witness/Testimony, Industry Practice/Standard of Care, Operations/Maintenance
  • Propane Quality Review
    Reviewed claims regarding a propane quality dispute between a supplier at a new terminal and a retail distributor.  Reviewed propane quality test results and bills of lading to compare actual versus reported quality.  We provided technical findings to client and assisted in getting the matter settled.
    Industry Practice/Standard of Care, Operations/Maintenance, Product Quality
  • Construction Dispute - Gas Processing Plant
    Dispute involving delay and disruption, welding, and testing during gas plant debottlenecking project.  Contractor claimed that multiple owner changes had resulted in significant additional costs, including delay.  Owner claimed that the costs resulting from the changes were previously paid and that the delay in completion was due to the contractor’s poor management of the project.
    Arbitration, EPC-related, Intellectual Property
  • Accident Liability
    Assisted in a personal injury claim following an incident in a petroleum refinery process unit.  Examined refinery conformity with the latest available industry technology, regulations, standards, and practices.  
    Industry Practice/Standard of Care, OSHA-related, Safety