Secretariat Director Tanner Weil provided an expert report and testimony on behalf of Air Liquide, a multinational supplier of industrial gases and related services, in the construction dispute arbitration surrounding the development and construction of an anaerobic digester biogas facility in Pennsylvania. The unanimous arbitration panel awarded more than $25.4 million, an amount determined directly from Mr. Weil’s analysis and testimony. 

Mr. Weil was retained by Hogan Thompson Schuelke LLP as a construction delay and damages expert in an EPC dispute arising from the design, construction, and commissioning of the anaerobic digester biogas facility. Air Liquide alleged that the contractor failed to meet its contractual obligations and complete the project, resulting in significant delays, additional completion costs, and related damages.  

In his role, Mr. Weil conducted a comprehensive critical path schedule analysis, analyzed the EPC contractor’s performance on the project, and quantified the liquidated damages, the costs to complete the project, and additional costs that Air Liquide incurred attributable to the EPC contractor. 

Mr. Weil’s analysis demonstrated significant delays to every facet of the contractor’s work on the project. The arbitration panel cited Mr. Weil’s quantification of those costs in its findings and ultimately issued a unanimous award in favor of Air Liquide totaling $25,444,754, including the full cost to complete the project, liquidated damages, amounts to clear liens and pay subcontractors, attorneys’ fees, and pre-award interest. 

Mr. Weil’s work helped provide a clear, evidence-based framework that enabled the panel to objectively evaluate causation and damages in this complex construction dispute. 

Mr. Weil was supported on this engagement by Senior Associate Nik Lala and Associate Kevin Lewis, who helped him compile his report and analyses.