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.
Construction on a Slope – Hazard Awareness on Pipeline Construction
January 24, 2023
A pipeline inspector was fatally injured while operating an off-road vehicle on a steep hill along the pipeline construction route. Baker & O’Brien was engaged to determine the incident cause and to opine on the site responsibilities of the various parties associated with the pipeline construction and inspection. Our expert reports and testimony were used by counsel to reach a settlement before trial.
Construction Contract Termination Dispute – Assessment of Progress and Completion of Work
January 25, 2023
A storage terminal owner terminated its construction contract for a brownfield project with its contractor and filed claims for deficient and incomplete work. Baker & O’Brien was engaged to analyze the project’s completeness at the time of contract termination and determine the costs associated with completing the work. Our opinions, based on an industry-recognized methodology for milestone activity achievement, were presented in an expert report.
Pipeline Sabotage Leads to an Explosion of Force Majeure Claims
January 25, 2023
A gas pipeline experienced a series of events where saboteurs detonated explosives that damaged it and its associated facilities, causing numerous pipeline outages and associated force majeure claims. Baker & O’Brien was retained to provide an independent and objective assessment of whether the repair durations met the standard of a reasonable and prudent operator. Our consultants testified in four arbitration hearings providing expert opinions based on our review of the force majeure events.
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