PROJECTS Projects Relating to STEVE ROSS
Steve was retained to analyze a $485 million business interruption claim arising from reduced operations at a major oil refinery due to a pipeline explosion. Steve and his team analyzed refinery operations before and after the shutdown and addressed issues such as historical and projected refinery capacity, crude supply, tanker offload turnaround time, fixed and variable production costs, alternate transportation costs and refinery capacity at other west coast refineries. The results of this analysis were set out in an expert report which used by the parties in mediation in Washington D.C.
Steve was retained as quantum expert in a significant construction dispute in London, UK. Steve was responsible for quantifying a series of claims arising from delays and disruption on a major infrastructure project in the UK. Retained by the contractor on behalf of its international consortium partners, Steve and his team analyzed the impact of delay, asserted to be nearly three years in duration, on the cost of the project. Working under UK arbitration rules, he worked closely with the owner’s quantum expert in an effort to narrow issues of disagreement over quantum. They issued more than ten joint expert statements and were successful reaching a large measure of agreement over claim pricing issues. In performing this work, Steve spent significant time working in London for more than two years. Steve gave expert evidence in two separate arbitrations, each covering a two-year period on the project, at the International Centre for Dispute Resolution in London.
Steve was retained to analyze claims arising from the construction of a five star resort hotel in the Caribbean. Steve and his team were asked to quantify the general contractor’s damages resulting from the developer’s termination of the contract. Steve was also asked to analyze and respond to the developers’ counterclaim for damages in completing the project. Steve analyzed the costs incurred by the contractor to complete the work in place through termination and addressed whether the nature of the costs were consistent with the definition of Cost of the Work under the Guaranteed Maximum Price cost reimbursable contract. He also analyzed the amounts claimed by numerous subcontractors as well as the support for the developer’s claimed damages. Each side had claims in excess of $25 million. Steve provided expert testimony concerning the results of his analyses in a jury trial in federal court for the Southern District of New York.
Steve was retained to quantify damages in a breach of contract matter involving the remediation of a Superfund site. The contract at issue was for dredging of a contaminated waterway undertaken by two members of a PRP group under a Consent Decree with the United States. The dredging contractor failed to perform its work in accordance with the contract specifications and the contractor was terminated for default. Steve and his team quantified the damages incurred by the PRP group in completing the work under the contract. They also analyzed the contractor’s counter claim for damages. Steve provided expert testimony in a jury trial in federal court for the Western District of Washington.
Steve led a team of consultants on behalf of the State of Alaska to assess economic damages resulting from the Exxon Valdez oil spill. Steve and his team developed and maintained a computer-based oil spill cost accounting and claims administration system and coordinated claim preparation activities for all fourteen affected state agencies. This required the identification, cost tracking and reporting of state expenditures totaling more than $100 million. Approximately $50 million were analyzed to verify cost recoverability and the adequacy of supporting documentation under a claims reimbursement agreement between the State and Exxon. Cost reimbursement packages were then prepared and submitted to Exxon. Steve and his team worked with Exxon personnel to resolve claim and payment issues. Information from the cost databases was utilized by state agencies to monitor oil spill costs and reimbursements and the attorney general's office to evaluate settlement options. More than $30 million in state response costs were recovered prior to a $1.0 billion settlement of the oil spill litigation.
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