fertinitro-croppedProject Value: $1B
Services: Dispute Resolution, Complex Graphics
Client: FertiNitro
Location: Jose, Venezuela

FertiNitro retained Delta to provide a quantification of the damages report associated with the dispute between Fertilizantes Nitrogenados de Venezuela, FertiNitro, C.E.C. (“FertiNitro”) and Snamprogetti, S.p.A.  FertiNitro entered into a contract with Snamprogetti for the “turn-key” completion of two ammonia producing plants, two granular urea producing plants, and all related services and utilities; for a total lump sum not to exceed $768 million.
Delta assessed the reasonableness of the performed or intended repairs by: 1) reviewing the procurement process that FertiNitro undertook to retain contractors for the work; 2) evaluating the actual costs incurred including labor, material, and overhead; and 3) assessing the estimated cost for work to be performed as developed from quantity takeoffs and estimates of labor and overhead costs.  Additionally, Delta evaluated FertiNitro field and home office overhead costs for each claim.  Delta’s team quantified the costs of the repairs by reviewing vendor invoices, purchase orders and estimates.  After quantifying the costs of the repairs, the team assembled and organized the supporting source records and, then, thoroughly evaluated the source records that were allocable to each warranty claim.
One unique aspect of Delta’s expert report was that it was provided to the ICC panel two formats - a paper version and an electronic version (with complex linking between the report and all appendices)- stored on a Laptop Claim Memorial.