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

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.

E&P field development projects are not always commercially viable – what happens when partners disagree?

April 19, 2023

After the consortium members of an Exploration & Production (E&P) field development project determined the project was commercially unviable, one partner filed a claim challenging the decision. We evaluated cost studies, development plans, and the decision-making process to assess the adequacy of exploration and appraisal work necessary to inform a risk-based decision on commercial viability. In addition, Baker & O’Brien prepared an expert report detailing the essential phases of E&P development projects and provided opinions on this project's technical and commercial aspects.