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LD and general damage enforcement

Counterpart: Large International Contractor

Project Owner: International EPC

End customer: National Oil Company

Contract size: 1.6 USD Million

Project details: Offshore module fabrication

Dispute: Application of liquidated damages and claim for general damage

 

Topic: Enforcement of LDs against late supplier plus claim for general damage caused by lost free issue material and failing to complete works. Delay analysis, quantum preparation, analysis of and refute counterclaims.

Open VORs versus LD Settlement

Client: Large International Contractor

Project Owner: International EPC

End customer: National Oil Company

Contract size: CAD 45 Million

Project details: Onshore production project (oil sands)

Dispute: Open VORs versus applicable Liquidated Damages

 

Topics: Engineering changes from EPC resulting in cost and time overrun. EPC disputed any impact while at the same time applying LDs.

Main target: Prepare claim to get approval of open VORs while ate the same time defend against the application of LDs.

Outcome: Analyzing VORs with regards to cost and time impact helped avoid LDs and settle open VORs for CAD 4.9 Million.

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Liquidated Damages Defense

Client: Large International Contractor

Project Owner: International EPC

End customer: National Oil Company

Contract size: USD 31 Million

Project details: Refinery project Middle East

Dispute: Liquidated Damages defense

Claims size: USD 4,2 Million

Topics: Cost and schedule overrun partly due to design changes by the end customer. Avoiding enforcement of LDs.

Main target: Prepare claim for compensable extension of time, defend against application of Liquidated Damages

Outcome: USD 4.1 Million LD claim was settled with USD 600k by showing the critical impact of Client design changes.

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Claims and Change Order Management for FPSO Modules

Client: Large international EPC

End customer: International oil company

Contract size: 105 Million USD

Project details: Delivery of FPSO modules

Dispute: Liquidated Damages defense and enforcement

Claims size: 18,500,000 USD

 

Topics: Cost and schedule overrun due to delays caused by the end customer. Enforcement of LDs towards fabrication contractor. Claims and Change Order management.

Main target: Prepare claim for extension of time, defend against incoming EOT claim, preparation of outgoing VORs, analysis of incoming VORs, defense against sub-contractor claims

Outcome: Defense against 4.7 Million LD claim, reduction of incoming claims amount of 34%, defense against EOT claim, application of LD on delayed sub-contractors

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