Kelly Heuer is a Senior Managing Director at Ankura, located in the New York office. Kelly has provided professional consulting services to owners, contractors, architects, sureties, and their counsel on a wide variety of construction and manufacturing projects for more than 25 years. Her experience has been focused in analyzing project schedule delays and resulting cost overruns for large construction and manufacturing projects. She has also analyzed and prepared claims for loss of productivity, increased contract quantities, and indirect cost overruns. She has issued expert reports and provided expert testimony. Her experience includes airports, aircraft retrofits, bridges and highways, correctional and educational facilities, courthouses, environmental sites, hospitals, maritime, multi-use high rise developments, and power plants, among others, throughout North America and in Europe.
Kelly’s professional experience includes:
- Confidential Luxury Hotel/Condominium Tower: Retained jointly by counsel to both the developer and construction manager to analyze claims for delay and disruption associated with a crane collapse on a luxury hotel and residential building in New York. Led the effort to review and analyze a $27 million claim filed by a contractor for damages due to delay, disruption, and excess changes. Quantified the schedule delays, scope changes, and cost overruns in connection with the work performed by the contractor and presented her findings in a multi-day mediation.
- Bronx Criminal Courthouse: Led the team responsible for analyzing the project schedule delays and cost overruns on a $425 million courthouse that was delayed four years with resulting claims totaling in the hundreds of millions of dollars. Kelly was responsible for quantifying the critical path schedule delays and analyzing the claims submitted by a dozen prime contractors for disputed work, labor inefficiencies, acceleration and escalation costs, and extended general conditions. Kelly managed the review and analysis of more than 1,900 project schedules issued contemporaneously as well as the development of an as-built schedule of more than 14,000 activities. Litigation support task included collecting and managing more than 4,000,000 documents, participating in dozens of mediations, and advising counsel on technical issues.
- John S. Rainey Generating Station: Led the team responsible for assisting the general contractor and its counsel in quantifying and developing an increased quantity, schedule delay, and damages claim against the EPC contractor involved in the construction of an 800MW combined-cycle power plant in South Carolina. Kelly prepared a schedule delay and claim analysis based on the review and analysis of numerous project schedules, cost records, and project documents. She identified project schedule delays and cost overruns resulting from late design and procurement, significant additional contract quantities, numerous change orders, extended overtime, and other various impacts that occurred during construction. Findings were presented in an expert report which included schedule, cost, and lost productivity analyses in support of the general contractor’s claim. She also issued a rebuttal report refuting the opposing expert’s opinions. Finally, Kelly participated in mediation, presenting on major critical issues, and claim components.
- EST Challenger Program: Led the schedule team retained to assist a Canadian contractor responsible for the installation of an electronic warfare suite in multiple aircraft by identifying the critical project schedule delays that extended the 57-month program by more than 25 months prior to a re-scope effort. The project incurred more than $30 million in cost overruns. Late delivery of customer-furnished information and equipment by the Canadian government and the incomplete design of major aircraft systems including electromagnetic interference, electrical loads, and cooling systems were identified as causing significant delays and labor inefficiencies. Kelly’s findings were issued in an expert report identifying the time extension requested and the damages claimed.
- Monomer Plant: Led the team responsible for assisting the insured owner of a chemical process plant in supporting its property damage and business interruption claim to its insurer following an explosion. The insurers claimed that modifications and upgrades were made during the rebuild of the plant that contributed to an extended shutdown. Kelly and her team analyzed the project to identify and qualify the types of modifications that were made during the rebuild and analyzed the critical path of the rebuild project to determine the appropriate claimable time. Kelly made a presentation to the insurers as well as issued reports of findings that assisted the client in achieving a settlement.
- News & events
- Construction SuperConference, 12/2016, “Changing Trends in Government Contracts & Claims,” Las Vegas, NV
- HB Litigation Conference, 09/2016, “Anatomy of a Construction Arbitration,” NJ
- AudioSolutionz and EPIC Webinars, 06/2015 and 07/2015, “Scheduling Best Practices”
- Moderator: “The Modular Challenge: Bringing Down the Risk of Going Up,” 03/2015, New York
- Northeast Corporate Counsel Forum on Construction, 09/2014, “Project Delay Damages,” NJ
- Construction SuperConference, 12/2013, “Trends in Construction Claims and Disputes,” San Francisco, CA
- ENR Webinar, 11/2013, “Scheduling Risk: CPM Measured Mile and Half‐Step Approaches”
- New Jersey Bar Association, Construction Division, 03/2013, “Mitigation of Construction Risk: A National Industry Study,” NJ
Insights & innovation
- “Keys to Successful Construction Project Scheduling,” August 2014, co‐authored with James Zack, Practical Law, Thomson Reuters