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.

Disputes between owners and EPC contractors, are often about schedule and budget. Baker & O'Brien was engaged to opine on the impact of the extreme climate location on project execution considering personnel capabilities and the quality of fabrication and construction work. Our findings pertaining to mitigation plans, field modifications, logistics plans, site living conditions and labor productivity were presented to an arbitral tribunal in report and orally.

Specialty equipment is essential to the effective and efficient operation of process plants; hence, original equipment manufacturers (OEM) may guarantee that installed-performance meets owner specification parameters. In this case, the owner claimed a flawed design of new heat exchangers while the OEM countered the equipment was being operated outside of owner-provided design specifications. Baker & O'Brien produced an expert report that reduced a very complex technical and economic evaluation into readily understandable concepts.