Industry

Chemicals and Petrochemicals

The chemical industry is diverse and highly specialized — just as an expert witness and consulting firm should be. With expertise in basic chemicals, fertilizers, olefins, plastics, aromatics, and a wide variety of specialty chemicals, we’ve formed an especially strong bond with the chemical industry.

What’s the product
of this process?

From assessing new technologies to navigating construction and regulatory issues, our experience has been instrumental in the valuation of facilities and businesses, preparation of insurance claims, and evaluation of intellectual property issues.

Case Studies

Static Electricity Sparks Dispute

April 1, 2013

This insurance dispute pertains to whether regulatory changes justify facility improvement costs that exceed replacement-in-kind. Following a fire initiated by static electricity, the owner and insurer disagreed as to whether a different and more costly design was required to ensure plant safety. The pre-arbitration mediation required expertise in applicable engineering codes, normal industry practice, and fire origin and cause expertise pertaining to hydrocarbons and static charge.

EPC Dispute – No Fairytale Ending for EPC Partnership

October 12, 2022

An EPC project missed its completion milestones and experienced cost escalations, resulting in Contractor claims that engineering progress was overstated at the time the contract was converted to lump sum. Baker & O’Brien analyzed records and opined on the accuracy of the engineering progress reported at conversion and the Contractor’s reliance on that progress to estimate its costs and schedule. We produced an expert report and gave oral testimony at the deposition proceedings and the arbitration hearing.

Force Majeure: Were Supplier Actions "Foreseeable" and "Controllable"?

April 1, 2014

When a petrochemical plant turnaround took three months longer than the originally planned two months, a downstream customer filed arbitration seeking damages for sourcing an alternative feedstock. The dispute centered on whether or not the extended delay was the subject of unforeseeable circumstances, i.e., force majeure. We presented an expert report that examined whether compressor delivery and installation delays were foreseeable and controllable.