Baker & O'Brien, Inc.


News Details

News Details

Baker & O'Brien Releases Third Quarter 2018 Edition of Energy Expert: Issues in Focus

November 19, 2018

This quarter’s Energy Expert newsletter profiles several of Baker & O’Brien’s recent engagements that we hope you will find interesting and thought-provoking:

  • Tim Rooney describes a dispute between an owner and an EPC contractor pertaining to a claim for a significant cost and schedule overrun.  Baker & O’Brien was asked to compare the functional specification in the bid package to the as-built facility to determine if the project was underbid, overbuilt, or somewhere in between.  A key aspect of the assignment was to review the technical merits of the project change-orders. 
  • This particular case description shines a light on the relevance of OSHA fall protection requirements pertinent to the particulars of the working surface.  After an incident involving a fall from height, Dave Morgan investigated the adequacy of fall protection systems, hazard communication, and the roles and responsibilities of independent maintenance contractors.  We presented our findings and opinions in an expert report and delivered deposition and court room testimony.
  • Kevin Waguespack describes a dispute in which development of a crude-by-rail (CBR) terminal project did not progress as the joint venture (JV) parties had originally expected.  While the Claimant contended that one JV party interfered with development progress, the Defendant responded that the Claimant did not achieve critical milestones required to sanction the CBR project.  Baker & O’Brien provided expert testimony through depositions based on its report that analyzed development activities, economic assumptions, industry trends, prevailing commercial conditions, and review of a valuation model.


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