PETER W. VAN DER SCHANS, PMP, PSP, CCP

Transcription

1 PETER W. VAN DER SCHANS, PMP, PSP, CCP Education: Bachelor of Science in Chemical Engineering - The University of Texas at Austin Masters of Business Administration (Finance & Accounting) - Regis University Professional Affiliations: Project Management Professional (PMP) - Project Management Institute Certified Cost Professional (CCP) - AACE International Planning and Scheduling Professional (PSP) - AACE International Association for the Advancement of Cost Engineering International (AACEI) Associated Builders and Contractors (ABC) Project Management Institute (PMI) American Institute of Chemical Engineers (AIChE) Energy Bar Association (EBA) American Bar Association (ABA) Professional Experience Peter van der Schans has over 20 years of experience in the engineering and construction industry. Mr. van der Schans has extensive experience providing consulting and strategic advisory services with a strong background in project management, construction claims evaluation and mitigation, litigation support, scheduling, and cost controls. Mr. van der Schans is a Certified Cost Professional (CCP) and a Planning Scheduling Professional (PSP) certified by The Association for the Advancement of Cost Engineering International (AACEI), and a Project Management Professional (PMP) certified by the Project Management Institute (PMI). Mr. van der Schans has resolved construction claims and disputes and led construction audits across several industries. In addition, he has specialized in project management assessments, cost estimate reviews and control, schedule analyses, change orders, contract and license agreement negotiations, dispute mitigation, and risk assessment. His experience includes major capital domestic and international projects in Upstream Oil and Gas, Chemical Plants and Refineries, Marine and Offshore projects, Power Projects, LNG Liquefaction and Regasification Plants, Manufacturing Facilities, Pipelines, Commercial Buildings, Civil and Infrastructure Projects, and other specialized engineering and construction projects. Prior to serving as Vice President at Synergen, Mr. van der Schans was Manager of Capital Projects for Deloitte Advisory. Mr. van der Schans holds a Bachelor of Science in Chemical Engineering from the University of Texas and an MBA from Regis University.

2 Synergen Consulting International, LP Vice President Present Provides critical path methodology (CPM) schedule analysis, change order analysis and damage quantification services Performs contract analysis with emphasis on dispute avoidance and resolution Provides consulting and forensic analyses relating to claims and disputes in oil and gas, industrial, commercial, infrastructure, building and pipeline industries Manages and performs claims evaluation and preparation for owners, contractors, and subcontractors Provides mediation, litigation, and arbitration support as a consulting or testifying expert concerning project management, project controls, productivity, delay, and damages Deloitte Advisory Manager Capital Projects Manager in the Capital Projects service area of the Engineering and Capital Projects practice within Deloitte Advisory Led engagements providing advisory services regarding the planning and execution of capital projects and capital programs Provided project management support and oversight of construction projects/programs, and conducting forensic analyses and construction audits Provided construction claims and disputes analysis, and analyzed organizational processes and controls. Interface Consulting International, Inc Senior Construction Claims Consultant Provided construction consulting services relating to management consulting, construction claims and disputes, litigation consulting, and construction management in construction and oil & gas industries Analyzed and quantified schedule delay, change orders, disruption, and acceleration issues, labor productivity and inefficiency, using industry standard techniques. Performed quantity takeoffs, reviewed and analyzed project documentation, prepared content, charts and graphics for expert opinions, and researched technical issues Performed contract analysis with emphasis on dispute avoidance Created and managed digital document databases and provided litigation support services as required Law Offices of Richard B. Geiger, LLC Technical Consultant Analyzed cases involving disputed claims between insurers Managed all aspects of preparing claims for arbitration, primarily for the purposes of subrogation Attended hearings in person to present and verbally contend cases Negotiated settlements and determined course of action for all cases handled in the office

3 Raytheon Engineers and Constructors Project Engineer Solutia, Inc Process Engineer Representative Experience by Industry: Oil & Gas Analyzed isometric drawings and P&IDs related to change order claims, performed witness interviews, and reviewed change order documents for an $8 million claim regarding a natural gas processing plant, representing an owner. Analyzed contractor schedule delays and performance compliance for the construction of a $7.5 billion LNG liquefaction facility in Texas on behalf of an investor. Managed engagement with oil and gas super major to facilitate alignment between contractor and owner for a $7 billion dollar project. Analyzed processes and procedures, implemented improved reporting of metrics, and implemented decision tracking and communication processes. Provided ongoing support including facilitation and stewardship of strategic leadership milestones, facilitation of a vendor data acceleration program, procurement process improvements, meeting efficiencies and status reporting, and other process efficiencies. Evaluated the planning and execution of a post-fire refinery reconstruction project on behalf of an owner in a business interruption insurance claim dispute. Reviewed $4 million in claimed costs by the contractor resulting from the construction of a 30 mile natural gas pipeline. Analysis presented in an expert report submitted in federal court on behalf of the construction manager. Provided analysis and support for construction monitoring and reporting services for largescale interstate multi-contractor pipeline construction project in the Midwest valued at $920 million. Provided ongoing claims assistance on behalf of an owner in the construction of a multibillion dollar LNG liquefaction facility in Angola. Analyzed design delay issues, scope growth, and cost increases on behalf of an EPCM contractor involved in a $100 million dispute with the owner regarding the construction of two natural gas processing plants. Analyzed multi-million dollar claim for standby costs and other delay and disruption issues relative to the construction of an offshore platform export pipeline in the Gulf of Mexico. Analysis presented to client for claim evaluation purposes subsequent to arbitration. Evaluated millions of dollars in costs incurred by owner during remediation activities on an offshore TLP undergoing repairs prior to operation in the Gulf of Mexico. Assisted LNG vessel escort contractor with preparation of proposal for large contract in the Gulf of Mexico. Provided research and support for recommendations to client. Prepared industry study of large diameter natural gas pipeline construction contractor capacity and availability. Performed analysis of labor and material cost trends for the nearterm. Analysis and conclusions presented in report to owner for use in evaluating planned pipeline construction projects. Provided research and analysis in support of an offshore pipeline repair estimate for a subsea pipeline damaged in the Gulf of Mexico.

4 Oil & Gas Evaluated and assisted with the preparation of change orders on behalf of offshore contractor installing a pipeline offshore of Saudi Arabia. Primary issues involved welding, extra work, delays, fuel costs, weather, and time extensions. Led the development and implementation of project scheduling and cost control systems for an international offshore contractor supplying life-of-field contracting services and development solutions for offshore energy producers. Provided project management oversight and training to facilitate systems implementation. Prepared a cost analysis and trend study regarding operations and maintenance (O&M) costs for interstate natural gas pipelines in the United States. Evaluated O&M cost trends related to labor, services, materials, and equipment. Performed claims consulting and litigation services involving delay, disruption, and damages relative to contractor s work on a project involving the construction of three (3) compressor stations. Analysis and conclusions presented in an expert report for use in litigation. Prepared a trend study which analyzed and forecasted large diameter pipeline construction costs and contractor backlog, compressor station costs and contractor backlog, and material and equipment pricing and availability. Analysis and conclusions presented in a report to owner for use in construction planning. Reviewed contractor work plan, schedule, and capabilities on behalf of owner for a pipeline construction project in Texas and Louisiana. Analysis and support provided to client for use in evaluating viability of proceeding with existing contractor. Provided construction management assistance to an owner regarding delay, force majeure, weather disruption, and contract dispute issues for a 42-inch pipeline construction project in Louisiana and Texas. Project involved two (2) compressor stations in addition to the pipeline. Analyzed owner delay and disruption issues and provided analysis to support the quantification of labor productivity losses and monetary damages regarding a $26 million ultra low sulfur diesel (ULSD) revamp project in California. Primary issues included defective engineering and construction documents, late and defective predecessor work, late materials, and acceleration. Analysis and conclusions presented in an expert report for litigation purposes. Provided preliminary technical evaluation regarding the presence of black powder in a natural gas pipeline feeding a cogeneration power plant facility in Texas. Analysis and conclusions presented in a report for litigation purposes. Analyzed an $8 million claim regarding delays, disruptions, and labor productivity impacts to an ultra-low sulfur diesel (ULSD) project in Oklahoma. Evaluated claimed productivity impacts and provided independent analysis of contractor claims against owner. Presented analysis and conclusions to client for claim negotiation and settlement purposes. Analyzed scope growth, work suspension, and contract termination issues and quantified damages relative to a $17 million topsides erection and outfitting contract for a deepwater spar production facility in the Gulf of Mexico. Analysis and conclusions presented in an expert report for arbitration purposes.

5 Oil & Gas Analyzed delays, disruptions, and labor productivity impacts regarding a $16 million topsides erection and outfitting contract for a deepwater spar production facility in the Gulf of Mexico. Primary issues included engineering deficiencies, late and out-of-sequence material and equipment deliveries, late predecessor work, scope changes, and acceleration. Analysis and conclusions presented in an expert report for litigation purposes. Evaluated force majeure claims related to the construction of expanded facilities for an LNG vaporization terminal in Louisiana. Analyzed schedule delays and disruptions and evaluated change order requests, labor wage volatility, labor shortages, and productivity impacts. Presented analysis and conclusions to client for claim negotiation and settlement purposes. Analyzed pipeline contractor s claim for additional compensation related to productivity impacts and additional work on a $27 million natural gas pipeline construction project in the Midwest. Provided support for measured mile productivity analysis, analyzed additional work, and evaluated weather delays. Analysis and conclusions presented in an expert report for litigation purposes. Evaluated contract termination issues and assessed damages due the owner for cost to complete the work on an $8 million refinery boiler rebuild project in Aruba. Analysis and conclusions presented in expert report for arbitration purposes. Analyzed approximately $20 million in damages related to an oil and gas production platform in the Gulf of Mexico resulting from an allision with a fishing vessel. Analysis presented in an expert report on behalf of the owner in litigation. Petrochemical Analyzed engineering delays, quality issues, and $800 million in project cost growth on behalf of an owner regarding a propane dehydrogenation project in Texas for the purposes of a Certificate of Merit. Analyzed design issues and delays that resulted in $150 million in cost growth for a $230 million ethylene cracker expansion project in Texas for the purposes of a Certificate of Merit. Analyzed engineering performance and cost impacts on behalf of an owner for the construction of an Alkoxylation plant unit in Texas for the purposes of a Certificate of Merit. Analyzed design basis and design changes of a unit of a chemical plant that experienced a fatal gas leak on behalf of the engineering company. Provided project management advisory services for a client planning a multi-billion dollar petrochemical plant in the US Gulf Cost. Conducted management interviews to understand project objectives, background and status. Organized and conducted sponsor and project team alignment meetings. Assisted the client in obtaining and evaluating contractor responses. Performed special analysis and research into specific issues. Advised client on alternative options/ strategies to meet project objectives, including project delivery system, contracting strategy, labor escalation, and contractor selection criteria. Provided construction claims and litigation support regarding a $350 million chemical plant expansion project in Louisiana. Set up and managed large-scale electronic document database with remote access. Primary issues included scope changes, schedule delays, labor productivity impacts, and cost overruns.

6 Petrochemical Evaluated scope change, schedule delay, cost overrun, termination, and other technical issues relative to the construction of a $75 million gas processing plant in Louisiana. Analysis and conclusions presented in expert reports for litigation purposes. Evaluated productivity labor loss claim for approximately $12 million on behalf of the owner of a hydrogen steam methane reformer project. Analysis used in mediation in preparation for arbitration. Performed schedule analysis of design and construction delays, and analyzed performance deficiencies, regarding the construction of a biodiesel production facility. Analysis and conclusions presented in expert report for use in international arbitration (IAC). Provided research and analysis for use in an expert report for an international arbitration (UNCITRAL) on behalf of the owner s engineer for gas processing plants projects related to an LNG liquefaction facility. Analyzed issues related to out of scope work and design and development. Analyzed contractor delays and performance issues regarding the engineering and construction of a bioethanol plant. Analysis presented in an expert report for use in an international arbitration (LCIA). Power and Utilities Reviewed FEED package and design development construction documents to evaluate scope growth and cost increases of a $3.3 billion Greenfield power plant project regarding an $800 million dispute. Analyzed schedule delay issues and evaluated $22 million of contractor s claimed damages resulting from the construction of a combined cycle power plant. Rebutted opposing expert opinions regarding contractor s claims. Analysis presented in an expert report, on behalf of the owner, in ICC arbitration. Assisted foundation subcontractor with claims against general contractor for additional costs related to delay, interference, and weather impacts regarding a power plant upgrade project in Texas. Provided advice, including change order request documents, to client for claim negotiation purposes. Analyzed requests for information and change order documentation regarding the construction of two (2) heat recovery steam generator (HRSG) units for a $325 million combined cycle power plant in California. Primary issues included late and defective design documents and materials, late predecessor work, restricted site access, performance issues, and liquidated damages. Analysis and conclusions presented in an expert report for arbitration. Provided analysis to support monetary damage quantification regarding a power plant in the Dominican Republic. Reviewed and identified relevant documents related to key issues and set up and managed electronic document database. Analysis and conclusions presented in an expert report for litigation purposes. Evaluated claim relative to change orders and contract termination for failure to perform and assisted in evaluating the design and construction of an electrical generating plant. Assisted in the evaluation of contractor's alleged change orders and analyzed the validity of each change order and the magnitude of those believed to be valid. Presented analysis and conclusions to client for claim negotiation and settlement purposes.

7 Mining Performed project controls and procedures audit of a greenfield gold mine project in Nevada with an estimated cost of $2 billion. Evaluated the adequacy of control measures in place to ensure the integrity of project status and pre-feasibility cost reporting, as well as compliance to the project manual for large capital projects in the pre-feasibility phase. Provided conclusions related to project governance, estimating, scheduling, progress, budget, AFEs, and stage gate reporting. Conducted project controls and procedures audit of 125ktpd copper mine expansion project located in the US with an estimated cost of $2 billion. Evaluated the design and operating effectiveness of project controls processes including estimating, forecasting, change order management, scheduling and management reporting. Evaluated the accounting and administrative controls. Provided recommendations for improved project controls and project governance. Conducted project controls and procedures audit of 240ktpd copper mine expansion project located in Peru with an estimated total cost of $4.6 billion. Provided recommendations to improve and strengthen accounting and administrative controls, project governance, cost and schedule controls, and identified lessons learned to be incorporated on future projects. Identified additional project risks and assisted the client in developing a management action plan for project management reporting; project cost reporting; change management; schedule updating process; contract management; and additional considerations related to the client s in-process management improvement initiatives. Manufacturing/Commercial/Institutional Performed CPM schedule analysis to evaluate project delays for five (5) retirement home facility construction projects on behalf of a plumbing subcontractor. Developed expert report analyzing contractor claims for turnaround work on behalf of one of the world s leading paper manufacturing companies. Assisted with the evaluation of glass window installation defects on behalf of a general contractor for a commercial building. Developed delay and disruption claims valued at over $4 million for an airfield runway electrical subcontractor for a U.S. Air Force project. Performed a construction progress audit for a solar power panel manufacturer constructing a $200 million manufacturing facility in Texas. Verified reasonableness of cost incurred by performing a site visit and analyzing applications for payment, project schedules, change orders, and other project documentation. Performed construction progress and estimate to complete audit for a global EPC contractor on a $180 million new resort hotel construction project in Florida. Performed a site visit and analyzed applications for payment, project schedules, change orders, claims, and other project documentation. Performed construction progress and estimate to complete audit for a global EPC contractor on a $60 million new roadway and base entry construction project in North Carolina. Performed a site visit and analyzed applications for payment, project schedules, change orders, claims, and other project documentation.

8 Manufacturing/Commercial/Institutional Performed construction progress and estimate to complete audit for a global EPCM contractor on a $100 million new university campus building construction project in Tennessee. Performed a site visit and analyzed applications for payment, project schedules, change orders, claims, and other project documentation. Analyzed change orders and site instructions related to delays and cost overruns of the construction of a $21 million condominium complex in Minnesota. Primary issues included permit delays, design/build coordination, subcontractor performance and workmanship, moisture/mold remediation, unit buyer customization, and liquidated damages. Analysis was presented in an expert report for arbitration purposes. Analyzed design/construction defect issues and estimated remediation costs relative to a 350-unit apartment complex in Ohio. Primary issues included defective roofing installation and painting defects. Analysis presented in an expert report for litigation purposes. Evaluated storm damage and provided cost estimates for remediation and necessary coderelated improvements resulting from tropical storm damage to eight (8) healthcare facilities in Texas. Analysis and conclusions presented in an expert report for insurance purposes. Advised a mechanical contractor on risk mitigation and claims avoidance regarding large government healthcare projects. Analyzed subcontractor s $9 million claim for delay damages, extra work, and acceleration costs regarding the construction of a resort and casino project in Las Vegas. Provided detailed evaluation of the flaws related to opposing expert s measured mile analysis. Provided analysis and conclusions in an expert report for use in litigation. Other Industries Evaluated design, procurement, and construction issues regarding the construction of a $10 million air separation unit in Texas. Principal issues included design changes, schedule delays, labor overruns, and force majeure impacts. Provided preliminary evaluation of events prior to and following a steam pipe rupture incident in New York. Performed a tangible asset inventory reconciliation project for a video delivery and broad band technology company as part of a $2 billion purchase. Speaking Engagements: "Preparing to Avoid Battle (Documentation and Project Controls to Avoid or Mitigate Claims", June 22, 2017, Associated Builders and Contractors (ABC) Greater Houston Legal Seminar Righting the Ship: Managing Troubled Projects, September 9, 2015, 47th Annual Engineering and Construction Contracting Association Annual Conference Oil and Gas Pricing, Trends, and Project Updates, March 4, 2015, Energy Construction Forum, Moderator Avoiding Project Warfare - Construction Claims Prevention and Mitigation, March 11, 2014, Association for the Advancement of Cost Engineers International (AACEI)

9 Publications: Tracking the Procurement Process Using a CPM Schedule As Applied in Construction, December 28, 2016, AACE International, RP 88R-15 (Contributor). "Original Baseline Schedule Review As Applied in Engineering, Procurement, and Construction ", October 23, 2014, AACE International, RP 78R-13 (Contributor). "The Great LNG Reversal", July 25, 2013, Red Hard Hat/Interface Consulting International, Inc. Authors: Peter van der Schans and Sarah Spurgeon "Escalation Estimating Using Indices and Monte Carlo Simulation", May 2, 2012, AACE International RP 68R-11 (Contributor). "Integrated Cost and Schedule Risk Analysis and Contingency Determination using Expected Value", May 2, 2012, AACE International RP 65R-11 (Contributor). "Hurricane Aftermath Leaves Short Supply", October 2005, Build Houston Magazine. Authors: Peter van der Schans "Increasing Material Prices Gouge Construction Industry", January 2005, Construction Executive Magazine. Authors: Peter van der Schans "The Cost of Doing Business - Is Your Company Suffering from Increasing Material Prices?, November 2004, Build Houston Magazine. Authors: Peter van der Schans Continuing Education Courses and Conferences Completed: Engineering and Construction Contracting Conference 2016 State Bar of Texas Construction Law Section Conference Downstream Engineering and Construction Conference 2017 Rice Engineering & Construction XX Annual Forum 2017 Engineering and Construction Contracting Conference 2017 State Bar of Texas Construction Law Section Conference ABA Forum on Construction Law Annual Meeting Location Palm Springs, California San Antonio, Texas New Orleans, Louisiana Boca Raton, Florida San Antonio, Texas New Orleans, Louisiana