Service

Standard of Care

Whether it is operational and maintenance procedures that may be in question following an incident, or delay and disruption in an EPC project, we have the expertise to objectively assess the underlying standards of care and determine how they relate to actual events.

Case Studies

Butane Blending into Gasoline – How Profitable is it?

April 19, 2024

Blending butane into gasoline became prevalent with the increased production of natural gas, and as a result, an existing blender’s business was displaced when a competitor established operations further upstream. We developed a damages model for historical and projected future losses and discounted the projected cash flows to calculate the net present value of the company’s butane blending business. Our analysis was summarized in two expert reports and used in commercial damages claims and settlement negotiations.

Do Not Open the Electrical Panel Door

January 29, 2024

While erecting a scaffold at a power plant, a scaffolder made a tragic mistake when he opened the electrical panel door protecting energized high-voltage equipment. We identified the applicable electrical generation regulations, industry standards, responsibilities of independent contractors, and individual human factors to determine the incident’s cause and responsibilities. Our expert report of opinions was used to negotiate a settlement.

Swiss Cheese and an Oil Tank Incident

October 30, 2023

A refiner claimed that certain plant process technology upgrades provided by its technology licensor—who was also its engineering, procurement, and construction firm—did not meet the contracted performance guarantees. Baker & O’Brien was engaged to assess the modified process unit performance vis-à-vis the contracted basis, any incremental performance operating costs, and the rectification cost. We set out our analysis and opinions in an expert report and provided deposition testimony.