Litigation Support Services
Watson Millican & Company provides litigation support to attorneys and industry participants through expert analysis and expert witness testimony. Our extensive industry and consulting experience provides our clients with a comprehensive and deep knowledge base that can be applied to a variety of dispute, arbitration, and litigation matters.
By having management, engineering, and finance positions within the energy industry, our consultants bring considerable experience to assignments and can provide objective assessments of both technical and commercial issues. We have provided consulting as well as expert witness services to clients involving construction disputes, breach of contract claims, oil and gas royalty cases, insurance claims, property tax valuations and incident investigations. Our consultants have extensive testimony experience in State and Federal courts as well as international arbitration settings. We have a proven record of successful outcomes for our clients on a variety of complex issues.
Refining and Chemicals
LCIA Refinery Construction Re-Build Arbitration
Analyzed numerous claims brought by the refinery purchaser against the seller associated with a crude vacuum unit fire event and resulting reconstruction efforts on behalf of the seller. The refinery was located in Europe. Assisted with the identification of major delay milestones resulting in the elongation of reconstruction activities. Prepared expert reports detailing the basis of opinions and findings. Analyzed opposing expert witness report and prepared responses. Provided arbitration testimony.
Refinery Property Damage & Business Interruption Claim Review
On behalf of mechanical service firm, evaluated a BI and PD claim made by a refining company against the firm who provided inspection services at a refinery. Analyzed the refinery operating data and information to evaluate claims that the actions by the service firm caused an emergency shutdown of several refinery process units and more than $100 million in losses.
Power Generation
Combined Cycle Power Plant Performance Testing Dispute
Acting on behalf of the Power Purchaser, analyzed a single claim that the Owner did not follow accepted industry practice for performance testing. The single claim while seemingly straight forward, required detailed analysis of international performance testing codes, multiple expert/reply reports and two joint expert meetings with joint reports (one meeting supervised by the court). This matter was settled by the parties immediately prior to high level court hearing
Coal Power Plant Design and Installation Quality
For the EPC Contractor, analyzed multiple claims by the Owner that the plant boiler design and installation quality was inadequate for the specified coals which allegedly led to numerous boiler tube failures. The power plant, located in South East Asia, was specified to utilize a range of international coals. Our analysis of the timing of the usage of out of specification coals versus the boiler fouling which led to multiple tube failures established that the primary cause was the frequent usage of out of specification coals and was not due to the design and installation quality of the power plant. Prepared one expert report with extensive operational/fuel analysis over a multi-year period after which the claim was settled.
Combined Cycle Power Plant Equipment Failure
Reviewed and advised on the suitability of a contractor’s engineering design for an operating 500 MW coastal power plant. Systems reviewed included the failed seawater cooling steel piping, LPG fuel handling and compression, and compliance with design and environmental standards and practices.
Natural Gas and NGLs
Propane Product Quality Dispute
Investigated the design and operation of a natural gas liquid fractionation, storage, and loading facility located on the Red Sea to determine potential causes of alleged hydrogen sulfide contamination of propane cargoes. Matter was filed in London High Court of Justice, Queen’s Bench Division Commercial Court.
Natural Gas Sales Contract Dispute
Performed an independent audit of dedicated natural gas delivered under three long-term purchase agreements. Assessed the applicability of dedicated quantity provisions and the reservation of processing rights by the seller. Determined the volume and heat content reductions experienced by the seller’s natural gas gathering, transportation, compression, treating, and processing facilities.
Pipelines
Gas Pipeline Contamination Arbitration
Co-authored expert reports on behalf of an owner/operator for an arbitration in Latin America. The claim involved inlet separation equipment damage and additional maintenance costs resulting from contaminated fuel gas for a combined cycle power plant. The matter was settled by the parties prior to the arbitration hearing.
Petroleum Products Pipeline Failure
Reviewed operation and maintenance history for a major petroleum product pipeline that suffered a failure and release of product, resulting in litigation.
Midstream, Terminals, Distribution
MTBE Contamination Dispute
Assisted in defence of oil companies charged with supplying gasoline containing the additive MTBE, which had been alleged to have contaminated water supplies. Led the preparation of a comprehensive report on refinery supply, pipeline distribution, and retail marketing of gasoline in the area subject to the dispute.
Renewables
Electrical Grid Equipment Dispute
Prepared joint and individual expert reports based on investigations and analysis, for a dispute relating to supply of grid equipment for upgrade of National Grid Transmission System. Settled prior to UK Technology and Construction Court hearing. Advised client at what level to settle dispute based on quantum analysis of claims raised by both parties to the dispute. Acted as lead expert managing a specialist technical expert and a delay expert.
Offshore Wind Contract Termination
Part way through construction, the initial contract for substation on a German offshore wind project had to be terminated and a new contractor installed. Managed process of changing contractor which resulted in project acceleration. Also managed teams working on turbine supply, jackets, heavy lift installation of all of these and cable supply and installation.