Baker & O'Brien consultants offer technical expertise and commercial experiencethroughout the diverse and yet highly specialized chemical industry. Our expertise inthe chemistry and manufacture of basic chemicals, fertilizers, olefins, aromatics,intermediate chemicals, plastics, and a wide variety of specialty chemicals has beenapplied to technology assessment, construction and operation of plants, investigationof accidents, and regulatory issues. Our experience in managing these businesseshas been instrumental in the valuation of facilities and businesses, preparation ofinsurance claims, and evaluation of intellectual property issues.
PRIMARY CONTACTS
RELATED SERVICESAccident/Incident InvestigationAsset ValuationsDue Diligence and Advisor toLenders and InvestorsEngineering, Procurement, andConstruction (EPC)Merger and Acquisition SupportProperty Damage and BusinessInterruption Insurance ClaimsTechnology Assessment
Kevin H. BuntenConsultantLondon
Donald L. FlessnerPresidentDallas
Charles G. KempVice President, Business Development ManagerDallas
RELATED EXPERIENCERefinery Air Pollution DisputeAnalyzed refinery and chemical plant air emissions data, categorized events, and explained how and why refinery and chemicalplant operations air emission events occur. Ammonia Plant Business Interruption DisputeProvided expert witness testimony in a multi-million dollar business interruption claim. Evaluated operating records, estimatedbusiness interruption losses due to a power outage. Ammonia Plant Construction Insurance DisputeEvaluated the technical basis for a ammonia plant insurance claim involving construction defects and warranty work. Inspectedthe plant, evaluated project records, and reviewed maintenance records. Ammonia Plant Lender's EngineerLender's engineer services for a major European bank on a 750 TPD ammonia plant relocation. Assessed existing and newtechnology that was to be incorporated in the project. Analyzed feedstock supply, reviewed contracts, and inspected progressprior to close of financing. Monitored construction progress, certified mechanical completion, and witnessed the plant performancetest. Ammonia Plant Lender's EngineerLender's engineer for a major European bank on a world-scale ammonia plant construction project. Assessed the technology,analyzed feedstock supply agreements, reviewed contracts, and assisted with contracts negotiation. Monitored constructionprogress and witnessed the plant performance test. Ammonia/Urea Reactor Failure AnalysisInvestigated the cause of an ammonia/urea plant reactor failure and responded to OSHA claims. Analyzed process equipment andoperating practices used in ammonia and urea manufacture. Benzene ExposureReviewed plant operating history and emissions records and provided expert opinions regarding potential benzene exposure torefinery employees. Benzene Production EconomicsAnalyzed benzene production economics for inland refiner, including benzene price forecast and transportation cost to USGC. Reviewed benzene consumers and future market potential. Estimated the capital cost for benzene production and shippingfacilities. Biodiesel Plant Due DiligencePerformed a site inspection and advised a potential investor on the commercial and technical risks associated with converting achemical plant to biodiesel production.
Kevin G. WaguespackExecutive Vice PresidentHouston
chemical plant to biodiesel production. Chemical Plant Business Interruption ClaimAnalyzed the impact of a major equipment fabrication error on a chemical plant business interruption (BI) claim including scheduledelay and financial impacts. C4 Upgrade Project Due DiligenceConducted preliminary due diligence for a project to upgrade various mixed C4 streams into a range of higher valued butylenesstreams and chemical products. Chemical Pipeline Market StudyOn behalf of an acquisitive client, researched, identified, and characterized chemical pipeline operations in the U.S. to form adatabase of prospective business opportunities. The engagement included contacting each prospective target to ascertain aninitial level of interest in pursuing commercial arrangements with the client. The study identified several attractive prospects andprovided an overall measure of the market dimensions. Chemical Plant Accident InvestigationInvestigated an accident at a polyethylene production and storage facility. Reviewed equipment design, inspection and repairhistory, training of personnel, industry practices, and standards of care. Chemical Plant EvaluationProvided an independent assessment at a chemical plant of recent maintenance and sustaining capital projects. Chemical Plant Fair Market Valuations for Ad Valorem Tax AppealsDeveloped fair market valuations for two major chemical plant installations on behalf of the local appraisal district. The engagementincluded valuation by discounted cash flow, depreciated replacement cost, and comparable sales approaches, as well as a critiqueof the petitioner's methodologies and assumptions. Chemical Plant Insurance Claim SupportProvided comprehensive technical and accounting support for a property damage claim settlement and analysis for a chemicalmanufacturing plant that was damaged during a hurricane. Work included review of all repair cost estimates and invoiced repairinvoices, as well as analysis of claimed damages discovered and submitted post-recovery. Assistance was also provided duringfinal claim settlement negotiations. Commercial Contract LitigationAssisted in a force majeure claim related to the recommissioning of a facility after a hurricane. Examined conformance withstandard industry protocols and applicable laws, standards, and regulations. Assessed whether the facility operator acted in areasonably prudent manner with respect to the commercial and technical issues necessary to safely restart the facility as soon aspossible. Conceptual Design of Technical Services DepartmentPerformed a conceptual design of a Technical Services Division for a petroleum refining technology licensing company. Theobjective was to restructure the company's technology delivery methodology to generate improved gross margins, increasecustomer satisfaction and retention, and additional products and services. Advised the client on defining the critical aspects of theTechnical Services Division and the best approach to designing and implementing the new group structure and function. Construction Dispute - Petrochemicals PlantPrepared a confidential "Cold Eyes Review" assessment concerning a contemplated claim between an owner and a contractor ofa grassroots petrochemical facility. Reviewed draft claims, researched evidence, and interviewed key personnel in order toproduce an independent view of the claim.
Contract Dispute ResolutionEvaluated inter-company petrochemical stream transfers and cost allocations pursuant to the mutually agreeable resolution of acontractual dispute between entities engaged in multiple across-the-fence feedstock and product exchanges. Defective Product LawsuitProvided an expert report concerning a dispute between a pressure safety relief device manufacturer and an operator of a claimthat a device did not operate as designed in a reactor overpressure incident. Economic Damages Litigation - Plant ExplosionRetained concerning claims of design errors and failures in project management, following explosions and fires at a petrochemicalplant. Conducted in-depth reviews of engineering, procurement, and construction agreements; process technology and designbasis; construction records; owner's operating procedures; and actual operating history since start-up of the plant. Evaluatedoperating system provided against prevailing industry standards and examined potential for equipment failure. Economic Damages Litigation - Plant FireFollowing furnace damage and rebuild, provided expert regarding property damage costs and normal maintenance/scheduledturnaround/betterment costs. Similarly, business interruption costs were compiled with reference to market situation and productvolumes that were available from inventory. Agrochemicals ManufacturingPerformed due diligence for the purchase of several fertilizer plants on behalf of an investor. These plants manufactured nitrogenfertilizers, phosphate fertilizers, methanol, and other related industrial chemicals. Inspected company assets, assessed technology,analyzed feedstock and product markets, reviewed contracts, evaluated capital investment programs, and analyzed comparativemanufacturing economics. Financial ModelDeveloped a financial model for a large private equity firm to enable estimates of the future financial performance for the majorbusiness segments of a large international refining and petrochemical company. Force Majeure DisputeProvided expert report relating to a claimed force majeure event that extended a petrochemical plant’s turnaround schedule. Theplant operator claimed force majeure due to defects in critical equipment that was required to be installed during the turnaround. The correction to the defects then resulted in the late delivery of equipment. Formaldehyde Plant Construction LitigationAssisted in a dispute concerning allegations that completion delays and poor plant performance at a European formaldehyde plantresulted in a multi-million dollar damage claim. Assisted with discovery, inspected plant, evaluated plant operating records,reviewed construction contracts, valued the plant, and calculated damages. Presented and defended conclusions at hearing. Global Gasification Feedstock AnalysisConducted an analysis of the potential low-cost carbon feedstocks for a grassroots gasification project to produce a combination ofsynthetic fuels and electricity. The study investigated sources and delivered costs for various feedstocks, including coal, petroleumcoke, and low-valued refinery streams such as residuum and cracked fuel oils. Historical data was used to assess pricingmechanisms for world petroleum coke prices, including delivered coal prices to Japan and Western Europe. Global Polyethylene StudyConducted a global market analysis to determine export market potential for a proposed ethylene/polyethylene complex. The studyencompassed development of global supply/demand balances and price forecasts, as well as an analysis of prospectivecompetitors' process economics.
HF Alkylation IncidentInvestigated facts related to pump casing rupture where hydrofluoric acid was released. Reviewed refinery operations, training, andsafety practices. Advised attorneys on generally accepted industry engineering practices and standards regarding design,operation, and maintenance of hydrofluoric acid alkylation unit. Hurricane Rita ClaimA petrochemicals facility experienced a loss of steam supply from an outside steam supplier and a subsequent unscheduledshutdown which, in turn, resulted in production losses and major damage to the facility. The steam supplier attributed the steamoutage to boiler damage caused by a hurricane, which had made landfall several months earlier. Assisted by investigating the linkbetween the hurricane and the steam supplier boiler outages. Incident Analysis - PetrochemicalsPerformed an investigation analysis following fire and explosion incidents at a major Gulf Coast manufacturing facility. Theengagement entailed development of the sequence of events, root cause analysis, assessment of the decision to rebuild, andreconstruction monitoring. An independent project schedule and cost estimate for the plant reconstruction was developed. Industrial IncidentInvestigated cause of dust cloud deflagration at a Vitamin E production facility. Assessed that bulk solids handling procedureswere modified without considering the original safety design basis for the equipment. Developed expert opinions on causation. Ion-Exchange Resin PlantPerformed market study and competitive analysis of an ion-exchange resin plant on behalf of a major government agency bank.Study evaluated the financing of an ion-exchange resin manufacturer in the context of possible sale of the plant. Lender's Independent EngineerServed as independent engineer for a "grassroots" olefins project. Prepared the technical due diligence for a US$4 billion facilityon behalf of international export credit agencies and onshore and offshore lenders. M&A DisputeEvaluated the foreseeability of project cost overruns that negatively impacted the economics of the acquisition of an EPC Firm. Marine Terminal DevelopmentReviewed design requirements and monitored construction, start-up, and operation of a project to develop a bulk liquids terminal. Work included review of dredging requirement, schedule, and interfaces between this project and a project to export ammoniafrom the terminal. Multi-Refinery SynergiesAnalyzed the synergies and economic advantages of companies that operate multiple refineries on the U.S. Gulf Coast. Analysisincluded advantages in crude acquisition; turnaround and routine maintenance; feedstock and product transportation; efficientprocessing of intermediate streams; and optimal capital investment. Nitroparaffins LitigationAssisted in a dispute between an operator and and EPC firm concerning allegations that the process design contributed to anexplosion at a nitroparaffins manufacturing plant. Assisted in discovery, evaluated design issues, and provided expert testimony. Paraxylene (PX) Contract DisputeOn behalf of a major international buyer of paraxylene, prepared an expert analysis concerning damages claimed by a large USbased supplier. Analysis included a detailed evaluation of supplier's paraxylene manufacturing economics. Petrochemical Business PrivatizationsDeveloped market valuations, evaluated strategic business alternatives, and formulated short-term planning objectives for several
diversified East European chemical companies undergoing the transition from state control to private ownership. Engagementsincluded marketing efforts directed to attracting investors and joint venture partners. PVC Plant LitigationAssisted in a dispute concerning allegations that an explosion at a major manufacturer of PVC resins was due to a poor processdesign that failed to meet government regulations and engineering standards. Assisted in discovery, inspected the plant,evaluated procedures and work methods, reviewed applicable standards, and reviewed operating records. Polyurethane Foam LitigationAssisted in claims concerning polyurethane foam system products that were alleged to be defective or unfit for their intended use. Assisted in discovery, observed and reviewed work environment and work methods, evaluated manufacturing records, reviewedwarranty claims, and prepared trial exhibits. Refinery and Chemical Plant Feedstock ValuationsProvided expert witness evidence the financial damages of interplant feedstock and product transfer agreement non-compliancebetween a refinery and an adjacent chemical plant. Substitute Natural Gas Market StudyDeveloped comprehensive market profile of SNG industry and market in North America, including operating and planned facilities,feedstock outlook, project incentives, and environmental issues. Piping Subcontractor Claim EvaluationEvaluated claims for additional quantities of materials needed, due to owner caused delay and disruption on a specialty chemicalplant project. Technical ReviewPerformed technical review of chlor-alkali and calcium chloride processes and project plan on behalf of prospective lender.Reviewed the process design packages for the chlor-alkali and calcium chloride production facilities and provided opinionsregarding the selected processes and their technical compatibility. Reviewed the project schedule and cost estimate for thefacilities and provided input to the prospective lender regarding the appropriate level of contingency. Evaluated the contractingstrategy and project execution plan and provided opinions. TEL vs. MMT Blending StudyOn behalf of a chemical supplier, reviewed the use of tetraethyl lead (TEL) as an octane enhancing gasoline additive in a MiddleEastern country from 2000 to 2006 compared to using methyl cyclopentadienyl manganese tricarbonyl (MMT). TEL Usage in Southeast AsiaOn behalf of a chemical supplier, reviewed the use of tetraethyl lead (TEL) as a gasoline additive in a Southeast Asian countryfrom 1999 to 2005 compared to the technical requirement based on the quality of the country's base gasoline and the requiredoctane target. Pressure Vessel FailureInvestigated the cause of a hydrocarbon release resulting from the brittle fracture of a pressure vessel during start-up at apetrochemical plant. Incident involved multiple injuries and deaths and extensive property damage. Issues studied includeethylene plant design, operating practices and procedures, start-up operations, instrumentation, and safety training. Polyolefins Plant ExplosionAssisted attorneys and company in preparation for litigation and negotiation with government agencies while investigating thecause of an explosion which caused the death of over 20 people. Assisted risk management in preparing and negotiating propertydamage and business interruption claims in excess of $1.3 billion.
Propylene ProductionStudied the feasibility of reconstruction and expansion of a catalytic dehydrogenation plant at a large Gulf Coast refinery for theproduction of propylene from propane. The study included evaluation of the current technology, development of costs forreconstruction and expansion, estimation of operating costs, and assessments of regional markets for propylene. Polypropylene Manufacturing FacilityProvided a cash flow valuation of a polypropylene complex in support of an ad valorem tax matter. The valuation included analysisof recent historical operations, review of the markets for feedstocks and products, development of operating costs, and analysis ofindustry trends. Polypropylene ManufacturingAssisted in a dispute concerning insurance claims for property damage and business interruption in connection with a reactorincident during construction of a production facility. Process Plant Leasehold SettlementsAssessed the market value of residual operating interests held by a major financial entity in several leased chemical processingfacilities. Each engagement included an ongoing advisory role pursuant to successful negotiations for sale of the institution'sownership interests. Refinery Force Majeure ClaimsPrepared expert reports and testified in an international arbitration involving multiple product supply disputes between a refineryand an adjacent chemical plant. Reviewed force majeure claims related to catalytic cracking technology, product supply contracts,and utility supply interruptions. Misappropriation of Trade SecretsUsing chemical engineering expertise, process design background, and experience in operations and manufacturing, provided anopinion on the likelihood of another firm’s ability to produce the same pharmaceutical chemical with comparable quality and valueas the original product without utilizing trade secrets learned from the intellectual property owner. Plant Commissioning ReviewProvided initial guidance and comments regarding the development of a commissioning and start-up schedule for a polypropyleneplant. Provided initial input into how plant start-up incidents affected the commissioning schedule. Tube Sheet, Flare Tip MatterInvestigated the cause of tubesheet and flare tip damage related to an unplanned sudden shutdown of the facility. Evaluatedwhether damage was caused by the shutdown, long-term wear, or contractor error during installation. Provided expert supportthrough mediation and settlement efforts. Chlorine Contract DisputeIn a lawsuit involving a long-term chlorine supply contract, provided litigation support relating to a series of force majeure events.Analyzed the chlorine producers options to mitigate the loss of contracted sales volumes. Strategic Sourcing: Refining Materials and ServicesAssisted a major, integrated oil and gas company in implementing a strategic sourcing initiative for its refining and petrochemicalbusinesses. The initiative focused on developing a strategic and low cost supply of sulfuric acid, process chemicals, andmaintenance services to the client's various refining and petrochemical facilities, which achieved cost savings of up to 25%. Plastics Recycling Feasibility Study Evaluated a small German refinery for potential conversion to a plastics recycling plant. Assessed technology, retrofitrequirements, operating costs, and logistics. Presented economics, capital investment plan, and likely subsidy requirements to the
board of directors. Independent Planning Consultant In the early 1990s, a major oil company agreed to purchase a former Soviet block country’s refining and marketing assets.Additionally, there was an agreement to build a state-of-the-art grassroots refinery. Until the streaming of the grassroots refinerylater in the decade, the oil company operated the existing refining assets on behalf of the national office of privatization. The role ofthe independent consultant was to ensure that the operation was not “optimized” at the expense of the country’s taxpayers.Participated in the preparation of monthly operating plans with the operating company and presentations to the national office ofprivatization over a two-year period. Privatization of Olefins Plant Evaluated an olefins plant for competitiveness in operating costs, yields, feed supply, and product marketing. Identified anddocumented strengths and weaknesses and presented the key initiatives, which would be needed to ensure a successfultransaction. Estimated the fair market value. Maintenance and Reliability Improvement Program Managed the development of a client’s routine maintenance and reliability improvement program that identified areas of concernand implemented new work practices aimed at improving competitiveness. Efforts reduced maintenance costs and improvedoperating performance. Turnaround Optimization Studies Performed numerous turnaround optimization studies and execution reviews for refineries and petrochemical companiesworldwide. Areas of focus included analyzing the work selection process, reviewing work execution schedules, evaluating thefacilities preparedness to perform the turnaround, and optimizing turnaround cycles or start dates. Maintenance Contracting Strategies Worked with international clients to analyze existing maintenance and turnaround contracting strategies, contractor availability, andlocal cultures to identify areas of concern and develop strategies for improvement. Reliability and Maintenance Continuous Improvement Initiatives Improved efforts to eliminate equipment defects and unscheduled outages by developing and incorporating the use of reliabilityindices to identify problem equipment. Reliability teams were then able to prioritize concerns to focus reliability improvementinitiatives in areas of highest risk to safety, operational performance, and profits. This defect elimination program was utilized asthe cornerstone for the plant’s continuous improvement initiatives. Performance Improvement - PetrochemicalsAssisted in a global study focused on analyzing the operating performance of steam crackers. Participated as a member of amulti-disciplined team responsible for: reliability and operations data gathering, analysis, plant personnel interviews, and industrybenchmarking of performance. The study concluded with numerous recommendations to company senior management aimed atimproving worldwide plant operational availability. Industrial Gas Contract EvaluationEvaluated a contract for supply of nitrogen to petrochemical facilities. Specifically assessed the nitrogen pricing terms andinterpretations. Petrochemicals Business Interruption ClaimAssisted in a dispute concerning a petrochemicals business interruption claim and lawsuit after a declaration of force majeure by amanufacturer. Reviewed pertinent data and prepared written reports, affidavits, and deposition regarding the business interruptionclaims.
Pipeline Pigging Incident InvestigationFollowing a plant incident caused by the ingress of water, we investigated upstream pipeline activities and operating records todetermine the root cause of the incident. Heat Exchanger Failure InvestigationInvestigated cause and events surrounding the rupture of process precooler involving one fatality. Assisted outside counsel byevaluating plant maintenance, safety and operator training procedures compared to industry accepted practices, as well asdeveloping an understanding of probable circumstances that led to the event. Hydrogen Pipeline Construction Cost DisputeAssisted client in a dispute concerning settlement costs in regards to a canceled construction contract for a hydrogen pipeline. Sulfuric Acid Plant Fire InvestigationInvestigated cause for sulfuric acid plant fire. Reviewed plant operating conditions prior to the fire and the unit design to identify thecause and potential contributing causes to the fire and subsequent explosions. Air Compressor Incident InvestigationProvided independent assessment of an accident that occurred at a container manufacturing facility involving an air compressorand high pressure piping. Efforts included reviewing the compressor operators' work practices and potential causes of the incident. Tank Truck Fatality Incident Provided inspection of truck tank and tank cleaning facilities related to a fatality accident. Investigation including collecting samplesof tanker contents for further testing. Methanol Contract DisputeProvided an expert opinion on several aspects related to a methanol supply contract dispute. Polypropylene Plant Due Diligence SupportProvided technical due diligence support for a moth-balled polypropylene plant. Evaluated capacity, historical utilization andmechanical availability and other factors. Valve Failure Investigation: Herbicide PlantInvestigated the design and operations of a batch reactor process for the manufacture of herbicides in relation to a piping failure. Equipment material of construction was the focus of the analysis. Chemical Plant Fire RepairProvided technical advice and consultation for recommended repair procedures for vessels and piping damaged in a chemicalplant fire. Refinery Olefins Production ModelDeveloped a refinery olefins model that has the capability to predict propylene and butylene production and consumption for theU.S., at the individual refinery level. The model provides the user with an ability to toggle between different FCC conversion levelsand to adjust several other key parameters. Oil Sands Technology ReviewExamined a new oil sands technology for bitumen extraction to identify potential flaws and areas of risk prior to commercialization.Observed performance of and assessed sufficiency of development unit to demonstrate viability and reliability of commercialoperations. Northwest Europe Price ForecastDeveloped a five year outlook for crude oil, refined products and petrochemical prices for a European refining company. Propane Pricing Analysis
Evaluated the historical development of propane prices in a key North American market, and developed a report that assessedpropane supply-demand dynamics and price response, given the increasing availability of supply. Evaluated the evolution ofcompany price postings and compared independently-assessed, third party prices to these postings. Provided opinions on the bestpropane price reference points to be used in commercial supply contracts. Nitroparaffin Manufacturing EvaluationEvaluated technology and patents related to the production of nitroparaffins. Waste to Liquid Process EvaluationPerformed an economic and technical screening evaluation for a client-provided process for conversion of animal waste tohydrocarbon products. Researched current patented technology as well as investigated theoretical mass balances forfeed/products. Barge Loading Incident InvestigationInvestigated a marine over pressure and rupture incident which occurred while loading a barge with light stabilized hydrocarbons. Post-incident Equipment Preservation ReviewAssisted client by assessing preservation techniques and "mothballing" efforts following the catastrophic failure of a vessel at aspecialty products company. Incident resulted in an insurance claim for damaged equipment and idled equipment in the vicinity ofthe vessel failure. Efforts included assessing preservation techniques utilized at the plant compared to industry practices,developing an expert report, and providing expert testimony. Flash Fire InvestigationInvestigated circumstances concerning a flash fire that occurred during vessel entry and cleaning operations. The investigationincluded the: (1) assessment of refinery safe work practices compared to industry standards and government regulations; (2)utilization of vessel entry and confined space safety practices to mitigate ignition hazards; and (3) responsibilities of both theoperating company and contractor organization to recognize, develop, and follow safe work plans to prevent potential flash firesfrom occurring during vessel entry. Developed and submitted expert report. Refractory Failure InvestigationProvided expertise and technical assistance related to the evaluation of a failed refractory in a methanol reformer. Feedstock Supply DisputeReviewed the incidents of feedstock disruption and its effects on production of a basic chemical by a chemical producer in itsdispute concerning a long-term feedstock supply contract. Dispute was settled at an early stage, prior to the preparation of anexpert report. Chemical Plant Construction DisputeProvided expert report on construction dispute concerning prefabricated module manufacturing quality and cost overrun issues. Fertilizer Complex Economic ModelConstructed an economic model to analyze the financial performance of a fertilizer complex that produced ammonia and othernitrogen chemicals. Evaluated expected operations and financial performance subsequent to the completion of an ongoing capitalexpansion project. Refinery Design ReviewGrassroots refinery was to be a modular-fabrication with an on-site assembly on a greenfield site in North East Africa. Due to thecharacteristics of the crude oil (heavy, waxy and high naphthenic acid content), process design included Visbreaker-typetechnology. An evaluation was made of the process design and the project economics. Standard of Care During Ethylene Plant Outage
Reviewed the shutdown and subsequent start-up of an ethylene plant following a utility outage. Reviewed liquidated damagecalculations. IPP/Refinery Power Generation Outage DisputeAssessed the cause(s) of supplier's steam and electricity generation failure and mitigating actions by the refinery/petrochemicalcustomer. Preliminary findings and a document request were provided to the client. Acrylonitrile Plant Construction DisputeAssisted in a dispute between a major EPC firm and an owner concerning claims that the owner's interference with a lump-sumEPC contract resulted in a large cost overrun. Assisted with discovery, evaluated construction documents, analyzed projectdisruption, evaluated change orders, and prepared trial exhibits. Ammonia Plant Project FinanceServed as independent engineer on behalf of the financial advisor for the construction of a new small-scale biomass to nitrogenfertilizers complex. Prepared a technology assessment, analyzed feedstock supply, reviewed contracts, reviewed site andinfrastructure considerations, and advised with negotiation of contracts. Ammonia Plant Failure InvestigationAssisted in evaluating a series of insurance claims centered around separate events to determine a proximate cause. Workincluded reviewing design and operating records for a worldscale ammonia plant. Each of the events resulted in claimsfor property damage and business interruption. Prepared an analysis and report that evaluated the root cause for each of theevents and whether the events were connected by a chain of causation. Refrigerants Manufacturing ArbitrationAssisted in investigating claims that a plant, which manufactured refrigerants, was not designed to make products that compliedwith applicable laws. Work included assistance in discovery, inspection of the plant, evaluation of operating records, review of theplant technology and design, review of capital cost estimates, valuation of the plant, and determination of economic damages. Prepared expert report and testified at hearing. Petrochemical Cargo ContaminationEvaluated a case where a cargo of butadiene did not meet specification upon delivery due to excessive dimer content. Reviewedthe sources and history of the various lots that comprised the cargo, the timing and temperature of the cargo during its voyage, andthe gas carrier's operating records. Appraisal ServicesProvided appraisal services for industrial properties. The three standard methods of valuation used were: cost, income, andmarket approaches. Ethylene Plant Construction DisputeOpined on the reasonable period of time for the completion phase of a rebuild project after a fire during an expansion project. Commented on the implementation of relief system changes during the rebuild to be in compliance with standards and codes. Nitrogen Related IncidentInvestigated events surrounding the rupture of a nitrogen vessel utilized to purge process equipment during a planned TA. Therupture led to several employee injuries and a fatality. Assisted counsel by evaluating existing plant safe work practices,procedures utilized by different parties associated with the event, and OSHA/PSM requirements relative to the job that was beingperformed. Efforts included reviewing employee depositions, employee and contractor safe work practices, documentation relatedto the planned TA and incident, and OSHA regulations. Developed expert report and provided deposition testimony. Chemical Plant Construction Dispute
Provided expert report on alleged engineering design and failed mechanical completion issues for a chemical plant in a lump sumand guaranteed completion date EPC contract. Prepared expert report and provided testimony detailing the basis of findings andopinions. Hurricane Product Shortage Claim Assessment
Assessed a product shortfall by a chemical producer following Hurricane Harvey. Providedvolume and revenue estimates, taking into consideration port closures and the timing of force majeure declarations.
Plant Reliability DisputeAssessed plant operating shutdowns and production losses related to force majeure claims. Evaluated if these outages werereasonably the result of a force majeure event, or were related to poor maintenance practices and/or reductions in costassociated with process reliability programs. Ammonia Plant RelocationEvaluated technical issues related to project management in the relocation of an ammonia plant. Reviewed records related toschedule, progress measurement, and construction budgets throughout the relocation project. Reviewed project execution planand compared actual execution to plan.
Also advised on responsibilities of the owner, contractor, and subcontractors on the project. Insurance Support: Liability and Business Interruption
Assessed the merits of a liability claim and business interruption claim associated with anequipment failure in a sulfuric acid regeneration facility. Advised on the value and keydeterminants of a business interruption claim.
Catalyst Financial Projection ReviewEvaluated catalyst sales and financial forecasts for select business lines for various industry applications. Evaluated marketsizes and competitors. Chemical Plant Fire InvestigationProvided expert witness services regarding a chemical plant fire involving sodium chlorate.
