Thomas Certo

Thomas’ professional experience includes:

• Carbon Capture and Sequestration Project, Canada: Engaged by the utility owner of the world’s first commercial-scale Carbon Capture and Storage (“CCS”) facility on a coal-fired powerplant. Assisted three Ankura experts with expert reports and testimony related to schedule impacts, commissioning procedures, and complex damages including lost sales and volume shortfall asserting and defending claims across three contracts.
• Pipeline Construction Advisory, Canada: Engaged by a pipeline developer and operator for a program evaluation of cost and schedule overruns related to the construction of a planned $7 billion CAD natural gas pipeline. Worked alongside the developer’s project management office to evaluate and support over 1,000 potential cost and schedule changes valued at several billion CAD across four prime contracts, including changes for local political action and COVID-19 impacts.
• Combined Cycle Plant, Ohio: Engaged on a multi-national EPC contractor for a new $1 billion 940MW 2:1 combined cycle power station with significantly deficient modular pipe components. A multi-national equipment supplier and prime contractor engaged three Ankura experts who provided opinions on delay, quantum, and productivity impacts for claims totaling $125 million. Assisted in preparation of mediation and expert reports and supported the contractor through successful settlement negotiations.
• High-Voltage DC (HVDC) Converter Stations, Canada: Engaged by the owner/operator to evaluate claims alleged by the contractor valued in excess of $80 million and approximately a year of delay. Reviewed support provided with each claim to determine legitimacy, accuracy, and entitlement to claimed costs and any time extension. Prepared presentations and correspondence based on findings. Provided ongoing support to the owner in settlement discussions.
• Primary Separation Cells, Canada: Engaged by the EPC contractor of twin Primary Separation Cells for an oil sand bitumen extraction facility to evaluate subcontractor claims for downstream impacts from late and incomplete approvals and design information. Performed a detailed schedule and engineering analysis to demonstrate that schedule delay issues and associated cost overruns were not caused by the alleged impacts, but rather by the subcontractor’s own issues. These findings were utilized by company executives to facilitate successful settlement negotiations.
• Polypropylene Facility, Canada: Engaged by the owner and developer of a greenfield polypropylene facility to assess a Time Impact Analysis (TIA) claim brought against it by the EPC contractor. Performed a data-driven analysis to evaluate claims for alleged owner-caused productivity losses, labor escalation, schedule delay, and COVID-19 impacts. The results were utilized to successfully reach a settlement prior to the scheduled arbitration.
• New High School Construction, Virginia: Engaged by the surety of a heavy civil sub-contractor to evaluate claims alleged by the construction manager valued over $18 million and approximately six months of delay. Assisted in writing an expert report related to the schedule portion of the claims. Created detailed as-built schedule from contemporaneous project documents to determine both the cause and effect of various issues that arose throughout the project. Performed detailed weather analysis to highlight periods of abnormally high precipitation and low temperatures experienced during the project. Provided support to the surety and sub-contractor during mediation and settlement discussions.
• Light Rail Extension, Canada: Engaged by the rail installation subcontractor to evaluate significant cost and schedule overruns related to the piecemeal turnover of right of way track sections. Performed a measured mile analysis to discretely determine productivity losses in various sections. Assisted in the preparation of expert assertive and rebuttal reports, which ultimately assisted in a successful settlement for the subcontractor.
• Rapid Bus Transit Corridor, Canada: Engaged by the engineer for a rapid bus transit corridor to support claims against the JV prime contractor for impacts including extended design review periods, scope additions, and extended construction engineering support duration. Performed a detailed productivity analysis of the engineering hours to quantify the total impact to the engineer. Assisted with preparation of multiple expert reports and presentations leading to arbitration, where the engineer was granted a favorable ruling.
• Liquified Natural Gas (LNG) Facility, Australia: Engaged by the contractor to assist in preparation of an extension of time request due to scope changes from the owner. Performed detailed “but-for” and “windows” schedule analyses to determine delay and quantify the contractor’s exposure to liquidated damages and loss of performance bonus.
• Modular Construction Mining Camp, Canada: Engaged by the contractor to determine damages based on owner delays, unpaid change orders, and out-of-scope work. Performed detailed productivity and cost analyses to discretely quantify project losses. Assisted in mediation preparation, including mediation brief and presentation, which ultimately led to a settlement between the parties.