Director Construction Claims & Delay Analysis
Rachel Domingo is a Construction Claims Manager in the firm’s Risk Management and Construction Claims Practice. Fast approaching 10 years in the construction industry, Ms. Domingo’s expertise spans a wide range of topics including project controls, project scheduling, delay damages, productivity and performance damages, change order negotiations, litigation support, and the development or defense of construction claims.
Ms. Domingo has worked for a variety of clients that vary in both complexity and size within the oil and gas sector, electric power transmission, highways and bridges, high-rise and residential construction, and heavy construction.
Ms. Domingo specializes in CPM scheduling and analyzing construction claims related to schedule delays. Prior to working as a consultant, she assisted in teaching CPM Scheduling courses at NYU Tandon School of Engineering and Columbia University School of Professional Studies.
Ms. Domingo earned her Bachelor of Science degree in Construction Management from Polytechnic Institute of New York University and is an AACE International Planning and Scheduling Professional.
Vitol Virgin Islands Water and Power Authority LPG Conversion Project – US Virgin Islands
Supported Vitol in an international arbitration against its mechanical subcontractor. Evaluated 6 months of delay and alleged damages totaling $16 million during the conversion of two power plants from diesel fuel to liquefied petroleum gas-fired (“LPG”) power generation. Performed a CPM schedule analysis to quantify the delays and allocate responsibility based on the results of the schedule analysis and review of contemporaneous project records. Assessed alleged damages, i.e., overstatement and improper assessment of claimant’s damages, damages adjustment for concurrent delays, alleged unpaid invoices due, analysis of liquidated damages and inefficiency damages and evaluation of change order requests.
Development of a Deep Ocean Offshore Oil Field – Confidential
Engaged by the owner to review a contractor’s $100+ million delay claim on a $2 billion oil field development, which implemented a subsea production system comprising of three subsea production wells and three water injection wells, including a 40km electrically heated flowline back to the host platform. Performed a schedule delay analysis and developed a counter claim related to the contractor’s excess costs by performing a labor inefficiency analysis. The final counterclaim totaled over $40 million.
Natural Gas Field Development – Confidential
Assisted the owner in mediation preparation by evaluating over two years of delays associated with the construction of a $54 billion Liquified Natural Gas (LNG) plant. The Project included development of the gas fields, subsea gas-gathering infrastructure and the construction of a three-train LNG facility. The delay analysis involved integrating and summarizing multiple subcontractor’s project schedules and determining as-built critical path delays to determine responsibility.
Grand Central Terminal and Park Avenue Tunnel Wi-Fi and Cellular Communication Network Upgrade – New York, NY
Developed a delay claim against the subcontractor for approximately 3 years of delay. Project complexities including evaluating the impacts of an incomplete design, which necessitated the engagement of another A&E firm to correct the flawed construction drawings, limited track access, termination of the electrical subcontractor and a subsequent re-procurement of a completion contractor.
Expert for the Garrahy Courthouse Parking Garage – Providence, RI
Served as the delay expert for a mediation between Dimeo Construction Company and The Rhode Island Convention Center. Evaluated CPM schedules to determine impacts to construction, specifically, the relocation of a utility ductbank. Decision pending. Reference Counsel: William K. Wray, Adler Pollock and Sheehan, P.C.
The Views at Hudson Pointe – North Bergen, NJ
Assisted a mechanical contractor in their defense against a condominium association’s $14.7 million claim for repairs resulting from a failing sub-slab sanitary piping system. Analyzed the scope of recommended repairs and validated the costs and quantities to determine the repair estimate was overstated by more than 500%.
Hunter’s Point South Commons – Queens, NY
Supported a window manufacturer during their defense against a claim for $17.3 million in performance and delay damages during the construction of two 35-story residential buildings. Performed a Time Impact Analysis (TIA) to investigate concurrent delays. Categorized and analyzed the alleged performance damages to determine if applicable according to the contract.
Cassa Hotel – New York, NY
Retained by the owner to review their subsidiary’s $30 million delay claim related to the construction of a during the construction of a 48 story, 170,000 square feet hotel and residence in midtown Manhattan. The claim was analyzed, including schedules, payment requisitions and daily and monthly reports to assess delays and present to the Dispute Resolution Board. Once the temporary certificate of occupancy was delivered, Ms. Domingo assisted close out and conducted weekly punchlist walk-throughs with each subcontractor to direct work toward final completion.
Reading “Citadel” Intermediate High School – Reading, PA
Engaged by the architect to quantify and apportion delays incurred during the $50 million renovation for the former St. Joseph Medical Center to be converted into an intermediate high school, which was delayed by one year due to alleged design problems.
Bowery Bay Water Pollution Control Plant – Astoria, NY
Rachel has been an integral part of the project team evaluating contractor claims in excess of $50 million on the $200 million Bowery Bay Water Pollution Control Plant project in Astoria, NY. Her focus has been on the review and analysis of project documents for the purpose of evaluating change order responsibility and delay impacts.
NYC School Construction Authority – New York, NY
Scheduling engineer, Change Order Unit
Responsible for the review of schedule submittals for over 75+ schools the borough of Queens for the purpose of delegating delay responsibility and/or granting additional time. Ensured that baseline schedules adhered to specifications, included all scopes of work and included intermediate milestone dates (usually regarding access restrictions or space-specific completion dates). Monitored updates for any potential delay and indicate recommendations for recovery where applicable.
The scope of work ranged from new buildings, existing building demolitions, lighting fixture replacements, Sandy remediation and boiler replacements.
22-24 Downing Street Townhouse Project – New York, NY
Approached by Downing Street Developers to review and evaluate issues during the design andconstruction phases of the $45 million, 2,127-square-foot, six-story luxury home. Rachel’s specificaccomplishments were reconstructing a baseline schedule by examining the drawings to further detail theprovided baseline schedule, and then creating four time- impact analyses for the purposes of evaluatingwhich events could have caused a delay to completion. Rachel also performed thorough field inspectionsin order to accurately status the work on the updated schedule on a monthly basis.
Ocean County Jail – Toms River, NJ
Tasked with finalizing a punchlist and fast tacking completion for Ocean County’s addition to the current county jail. The new 157,000 square foot space at the rear of the Justice Complex included a two-story addition with room to accommodate 400 new beds. Rachel’s contribution includes rebuilding the CPM schedule provided by the current contractor with more detail, correct logic, and accurate progress in order to determine the project’s true completion and guide the remaining work to completion.
Brooklyn Academy of Music – Brooklyn, NY
As part of a PM oversight role for the Brooklyn Academy of Music’s summer construction program, Rachel maintained the site daily, keeping up with daily reports, manpower logs and submittals. This project was an intensive renovation and capital improvement program to be completed while working around a specific set of dates over a short period of time with no scheduled performances the theater. The contract included Fall Protection, Fire Escape Rehabilitation, Roof Replacement, Exterior Sidewalk Replacement, Chimney Replacement, Fall Protection System, and various Interior Renovations.
MTA 7 Line Extension – New York, NY
Developed the bid schedule for the MTA’s 7 line Extension between Time Square and 34th street and Eleventh Avenue. Scope of work included 1.5 miles of twin track, two new stations and a three-track terminal. Rachel developed a schedule for the track work phase of the running tunnels, the cavern enlargements of the two stations, and the integration for track and electrical work with the existing No. 7 Subway Line at Times Square Station. The challenges of developing this schedule were a strict delivery schedule and limited access points. Besides the work itself, Rachel had to work closely with the subcontractors to schedule the delivery of the long track segments, heavy machinery and massive material being moved to the staging areas underground. Due to the electrical detail and complexity, the bidding contractor broke down the electrical work into eight packages, all of which had to be scheduled as independent contracts, while maintaining an overall relationship to the current system at Times Square.
DASNY New Dorm Facility at SUNY Albany – Albany, NY
Rachel’s responsibility was to update and maintain the current Primavera P6 Cost and Resource Loaded Schedule for SUNY Albany’s new LEED Silver, 500-bed dormitory on a 12-acre portion of the uptown campus. Some obstacles considered in regard to the schedule were relocating the existing access road, linking an existing walking path, and traffic/pedestrian safety during construction (as the campus was active). The site also borders campus boundaries and lies near a residential neighborhood, making noise and traffic a challenge.
Long Island Solar Farm – Brookhaven, NY
Rachel provided Master CPM scheduling services to a solar contractor for the construction of a 37-megawatt solar photovoltaic facility at the US Department of Energy’s Brookhaven National Laboratory. The schedule was a level 2 and level 3 baseline schedule detailing the intricate sequencing of 164,000 ground mounted solar panels. The project consisted of the installation of these panels within an area of about 200 acres. The space was divided into six easement areas and three sections, which Rachel was able to successfully schedule as independent areas of work while still maintaining and single, massive project schedule. In addition, with one delivery schedule and 3 concurrent but independent active site areas, Rachel worked closely with the drawings to establish take offs and a delivery logistics plan to coordinate an efficient distribution of brackets, modules and panels to all 3 sites.
Shetty, Gayathri, and Domingo, Rachel. “The Art of Decoding Manipulated Schedules for Forensic Schedule Analysis” 2019 AACE International Transactions, PS-3047