When "Manifest Error" May Not be "As Plain as the Nose on One's Face"
July 1, 2013
"Manifest error" is often described as an error as plain as the nose on one's face. In this case, the principle of manifest error pertains to disputed technical decisions made by the Independent Engineer (IE) for an oil refinery modernization project. Three arbitral tribunals relied on our expert reports and testimony to decide if the IE had ruled correctly, within limits of its responsibility, and if there was manifest error.
Can't Keep a Good (Gas) Man Down - Lost Profits from Late Plant Completion
April 1, 2022
Delays in the construction of gas gathering and processing (G&P) facilities led to a suit filed against the EPC contractor by a midstream company alleging lost profits. We reviewed G&P contracts, evaluated operating costs, and analyzed the gas quantities processed by competitors due to the late completion to quantify lost profits. The parties relied on Baker & O'Brien's expert reports and deposition testimony to reach a settlement.