Expert in Critical Path Method (CPM), Schedule Construction, Claims Analysis, Construction Management, Delay Damages
Expert has been involved with hundreds of CPM schedules during the development/review/approval process including time impact analysis (TIA) exercises, developed recovery delay mitigation schedules and developed expert reports and provided litigation support in mediation, arbitration and jury trial.
Expert has managed the cost and schedule control functions of projects. In addition, he has analyzed claims involving disputed change orders, schedule delay, acceleration, time extensions, and liquidated damages, loss of productivity, defective specifications, deficient project management performance, property damage and business interruption damages. Expert employs a systematic, phased approach to providing claims analysis and project management services for our owner, engineering, construction contractor, construction manager, and insurance company clients and their law firms. After identifying our client’s needs, problems or challenges, we then structure a cost-effective scope, schedule and budget for our work.
Project Management Consulting
Depending on client's current and future needs on projects, he can assist in the critical aspects of project management, cost and schedule control, contract administration, claims prevention, and dispute resolution. Our services are structured to establish an open and collaborative environment between all key parties to evaluate project planning issues and facilitate identification of solutions. All services by Expert can be provided individually or collectively at our client's direction, and will be tailored to fit the specific needs of our client's projects.
Project Management functions:
- Reviews and Critiques of Contract Documents and Risk Analysis of Proposals and Bid Packages to Identify and Eliminate Potential Inconsistencies, Ambiguities, Conflicts, Errors and Omissions
- Analysis of Contract Language to Identify Exculpatory Clauses and Risks
- Analysis and Pricing of Change Orders
- Preparation of As-Planned Schedules and Schedule Updates
- Contract Administration/Owner's Representative
- Preparation of Document Control and Tracking Procedures
- Staff Augmentation
- Project Management Oversight
- Project Management/Controls Seminars and Manuals
- Claims Identification/Prevention Training Seminars and Manuals
- Development of Project Management, Project Controls, and Contract Administration Policies and Procedures
Expert's standard work plan for providing engineering and construction claims analysis and expert testimony services is to use a phased approach. Our task assignments are dependent on the work already performed by our client, the availability of project documentation, the issues in dispute, and the timing of required work products that are defined by the arbitration/litigation schedule. Therefore, we can make any necessary adjustments to our typical work tasks.
A major developer is constructing a $100M, high end villas and residences. The contractor is behind schedule and has exceeded the GMP. Expert was engaged to perform a CPM delay analysis to determine cause of delays and provide the Owner with recommendations to settle delay issues with the contractor and complete the project on time. A interim settlement agreement (ISA) was drafted and executed by both parties to resolve existing disputes and contractor provided a recovery schedule to complete the project on time.
Expert specializes in construction management program management, quality control and quality assurance, contract administration, risk management and dispute resolution. Since 1974, his construction experience has included the following project delivery methods, EPC, DBB, DB, CMGC, CMAR, IPD, and agency construction management, program management services on a wide variety of construction programs and projects.
He has held positions as Quality Control/ Quality Assurance, Inspector. Manager, Field Subcontracts Manager, Contract Administrator, Construction Manager/ Resident Engineer, Senior Scheduler, Project Controls Manager/ Director, Director/ VP of Project Planning and Scheduling, Vice President of Claims, Program Management Consultant, Commercial Director, Change and Claims Manager and Managing Director.
Recent program/ project experience includes: acting as an extension of Owner's staff as PM or CM Consultant for federally funded FTA transit mega projects to assist Owner's senior management with selection of project delivery method and development and execution and oversight of all construction contracts. To ensure the Program/ Project goals and objectives are met focusing on completing the Program/ Project on schedule and within budget and avoiding claims.
Expert also has extensive experience in preparing and defending claims for owners, contractors, and surety insurance companies on private and municipal projects, such as power plants, industrial facilities, academic facilities, commercial/ mixed use buildings, water and wastewater plants, dams, prisons, airports, hotels and resorts, hospitals, light rail and transit facilities, highways, and bridges.
Technical Experience: Representative U.S. and international technical experience includes:
Managing, leading, Quality Control/ Quality Assurance staff and development of QC/QA processes and procedures
Managing, leading, construction management/ project control/ claims staff
Contract and subcontract administration
Development/ maintenance of project WBS/ Master Schedule
Development/ maintenance of project risk registers
Review and approval of Contractors pay application
Development/ Implementation of state of the art program project controls systems (PMIS)
Review of contractor submitted baseline schedule and monthly updates
Development and control of change control systems and processes
Managing change control process from finding of merit to change order execution
Project/ Program oversight reporting for Owners/ Developers/ Investment Fund Managers
Development of contract terms and conditions and project/ program contract administration
Presenting Project/ Program performance measurement results to executive management
Construction claims preparation, analysis, defense, and negotiation of disputes
Schedule delay, disruption, acceleration analyses.
Estimating and calculating construction cost damages
Schedule and cost issue and entitlement identification and analysis
Claims presentations and settlement negotiations in alternative dispute resolution forums
Project budget development and control
Project schedule recovery and work around development
Project management of project life-cycle from project initiation to project close-out
Program management, controlling cost & schedule of a portfolio or projects ranging in value from $500k to > $500M.
Development of Alternative Project Delivery Options and Recommendations
Surety Bond investigations of contractor cure notices from Owners
FTA Transit New Starts process experienced
Project Delivery experience includes: Design/ Bid/ Build, Design/ Build, Engineering Procurement Construction, Construction Management/ General Contractor, and Agency CM/PM extension of staff
Expert may consult nationally and internationally, and is also local to the following cities: Los Angeles, California - San Diego, California - Long Beach, California - Santa Ana, California - Anaheim, California - Riverside, California - Glendale, California - Huntington Beach, California - San Bernardino, California - Chula Vista, California
|Year: 2007||Degree: Juris Doctorate||Subject: Law||Institution: Purdue Global University|
|Year: 2007||Degree: Juris Doctorate||Subject: Law||Institution: Concord Law School|
|Year: 2003||Degree: MBA||Subject: Project Management||Institution: University of Texas, Dallas|
|Year: 1996||Degree: BBA||Subject: Business Management||Institution: Northwood University|
|Years: 2017 to Present||Employer: Undisclosed||Title: Managing Director||Department:||Responsibilities: Construction claims staff for preparation of claims for contractors and defense of Owners and Surety’s in construction disputes. Participates in all forms of alternative dispute resolution process including Dispute Board Hearings, Mediation, Arbitration and Litigation. Expert has been deposed and designated as an Expert Witness on a number of matters. Expert specializes in construction management issues and cost and schedule delay damages.|
|Years: 2014 to 2017||Employer: Honolulu Rail Transit Project||Title: Change Control/ Claims Manager||Department:||Responsibilities: Honolulu Rail Transit Project
(HRTP) Honolulu Rail Transit Project – East Section, East Section CE&I/CM Services, Honolulu, Hawaii Change and Claims Manager for Construction Engineering and Inspection Services (CE&I) Contract for the $1.5B East Section of the Honolulu Rail Transit Project (HRTP) for the Honolulu Authority for Rapid Transportation (HART). Expert is responsible for managing the project change and claims process, including ensuring
compliance with the HART Contract Change Procedure and Design/Build Contract change and claims terms and conditions of the contract. Duties include managing change and claims staff consisting of independent cost estimators, schedulers and administration support engaged in responding to Design/Builder requests for changes or HART initiated
changes. The Change and Claims team manages the change process from finding of merit/initial scoping meeting to negotiating the change and execution of the change order.
For disputed changes that cannot be resolved the issue is escalated to Claim and the Change and Claims team manages the claim process through the contract dispute resolution process, which could include Dispute Resolution Board hearings and/or Mediation, litigation.
|Years: 2014 to 2016||Employer: Stantec||Title: Change Control/ Claims Manager||Department:||Responsibilities: Providing Construction Engineering & Inspection services for the Design/Build $2.058 billion Crenshaw/LAX Transit Corridor Project, an 8.5-mile light-rail line, with eight stations. Expert is responsible for managing the project change and claims process, including ensuring compliance with the LA Metro Contract Change Procedure and Design/Build Contract change and claims terms and conditions of the contract. Duties include managing change and claims staff consisting of independent cost estimators, schedulers and administration support engaged in responding to Design/Builder requests for changes or LA Metro initiated changes. The Change and Claims team manages the change process from initial finding of merit/scoping meeting to negotiating the change and execution of the change order. For disputed changes that cannot be resolved the issue is escalated to Claim and the Change and Claims team manages the claim process through the contract dispute resolution process, which could include Dispute Resolution Board hearings and/or Mediation, litigation.|
|Years: 2013 to 2014||Employer: HDR Engineering||Title: Project Controls Director||Department:||Responsibilities: Providing Program Management, Project Controls, Risk Management Leadership, guidance, management and mentoring for
Program Management (PgM) and Integrated Delivery (ID) projects including construction
management for fee (CM for Fee), construction management at risk (CM at Risk), design build
(D-B) and engineer-procure-construct (EPC) for the Resources Business Group (BG).
The primary function of Project Controls Director is to support all PgM and ID projects, EPC D/B, CM at Risk, DBB projects undertaken by the Resources BG in the areas of Contract
Administration, Document Control, Cost Estimation, Risk Management, Project Scheduling, and Procurement.
|Years: 2011 to 2013||Employer: HDR Engineering||Title: Project Controls Manager and Document Control Manager||Department:||Responsibilities: Assigned to the SANDAG $2B 11-mile Mid-Coast Corridor Transit Project (FTA New Starts
Project). Areas of responsibility consists of ensuring compliance with all applicable
regulations of Federal Transit Administration; supervising technical support staff involved
during the initial contract procurement and award stages; leading or assisting in negotiations for applicable professional services contracts; performing project oversight management activities related to scope, schedule and budget; validating task order change requests regarding entitlement and merit; assisting in negotiations of task order amendment/change orders; and assisting in task order contract/project close-out activities. Additional work included development of Alternative Project Delivery research and recommendations report, recommending Construction Management/General Contractor as the recommended project delivery method to the Owner. Expert led a project controls/document control staff of 6 on the Mid-Coast Corridor Transit Project in the development and maintenance of the Master Project Schedule and Project Document Control System.
|Years: 2009 to 2011||Employer: Self Employed||Title: Owner||Department:||Responsibilities: Prepared claims for contractors and defended claims from contractors and participated in settlement negotiations, including meditation and preparation for litigation. Performed cost and schedule analysis demonstrating delay, disruption, acceleration, as well as performing damage and loss of productivity calculations, as-built schedule reconstruction, issue and entitlement identification and analysis.|
|Years: 2008 to 2009||Employer: Allco Finance Group||Title: Commercial Director||Department: Infrastructure||Responsibilities: Commercial Director for the Development and Construction of the $3B Tehachapi 1500MW Wind Farm. Responsible for joint venture risk management oversight of Oak Creek Energy Systems and Alta Wind Energy Development. Acted as developer’s representative to resolve day to day issues with JV partner. Reviewed JV’s monthly report and provided a summary monthly report to the infrastructure investment funds Board of Directors. Reviewed JV invoices and provided authorization approval to JV Board of Directors. Reviewed all change orders and provided authorization approval to the JV Board of Directors. Performed other risk management duties as directed by the Board of Directors.|
|Years: 2006 to 2008||Employer: Parsons Corporation||Title: Principal Project Controls Manager||Department: Water Infrastructure||Responsibilities: Program/Project Controls Manager/Claims Manager for the $3B Orange County Sanitation District Capital Improvements Program. Managed Project Controls staff and reported to the Director of Engineering.|
|Years: 2006 to 2006||Employer: Self employed||Title: Claims Consutlant||Department:||Responsibilities: Claims Analyst for $15B Los Angeles Unified School District New Construction School Bond Program. Reported to the Director of New Construction.|
|Years: 2003 to 2006||Employer: Watt, Tieder, Hoffar & Fitzgerald, LLP||Title: Claims Consultant||Department:||Responsibilities: Advised and assisted attorneys in the representation of contractors and surety insurance companies in construction disputes. Prepared claims for contractors and
participated in settlement negotiations. Performed cost and schedule analysis demonstrating delay, disruption, acceleration, as well as performing damage and loss of productivity calculations, as-built schedule reconstruction, issue and entitlement identification and analysis.
|Years: 2000 to 2003||Employer: Wyndham International||Title: Director/VP Planning & Scheduling||Department: Design & Construction||Responsibilities: Director/Vice President of Project Planning and Scheduling for $300M per year capital improvements for hotel and resort renovations. Managed outside consultants and worked with in-house and outside counsel for resolution of construction disputes. Reported to SVP Design and Construction, supervised project managers, and was responsible for contract administration and control of Capital Improvements Program project cost and schedule.|
|Years: 1998 to 2000||Employer: Pathnet, Richardson||Title: Project Controls Manager||Department:||Responsibilities: Manger of Project Scheduling for nationwide wireless and fiber buildout. Managed Project Controls staff and reported to VP of Project Management.|
|Years: 1996 to 1998||Employer: Meridian Consulting Group||Title: Assistant Vice President||Department:||Responsibilities: As Assistant Vice President Claims, represented owners, contractors and surety insurance companies in construction disputes. Prepared claims for contractors and defended owners against contractor claims.|
|Years: 1993 to 1996||Employer: O’Brien Kreitzberg/URS||Title: Project Controls Manager||Department:||Responsibilities: Program Management Consultant, Project Controls Manager for Dallas Area Rapid Transit $860M 20-mile Light Rail Starter System. Expert was responsible for program cost and schedule control and management of cost and scheduling staff. Reviewed for approval Contractor submitted baseline schedules and monthly schedule updates.|
|Years: 1986 to 1990||Employer: Sverdrup/Jacobs||Title: Resident Engineer/CM/Inspector||Department:||Responsibilities: $400M Sanitary District of Decatur IL,
Wastewater Treatment Improvements, as owner’s representative provided construction
management services for new secondary treatment facilities and combined sewer overflow system and capping of existing sludge ponds for future site development. Performed change order cost estimates and contractor schedule reviews.
|Years: 1991 to 1992||Employer: Sverdrup/Jacobs||Title: Senior Scheduler||Department:||Responsibilities: $150M Hershey Chocolate Design/Build Confectionery Chocolate Paste & Crumb Plant, as owner’s representative provided design/build construction management services, including Quality Control Manager, Site Safety Representative, Procurement/expediter, Document Control Supervisor and Project Scheduler.|
|Years: 1992 to 1993||Employer: Sverdrup/Jacobs||Title: Project Controls Manager||Department:||Responsibilities: $300M City of Dallas Texas, Elm Fork Water
Treatment Plant Improvements, as owner’s representative provided construction management
services. Performed change order cost estimates and contractor schedule reviews.
|Years: 1984 to 1986||Employer: Guy F. Atkinson||Title: Quality Assurance Manager||Department:||Responsibilities: Start-up phase, $4B Clinton, IL nuclear power plant. Supervised 20 QA inspectors performing final documentation review and acceptance of safety related inspection reports as required by the NRC before nuclear start-up could proceed.|
|Years: 1981 to 1984||Employer: Bechtel Power||Title: Quality Control Inspector||Department:||Responsibilities: Subcontracts Administrator, construction phase, $4B Midland MI nuclear power plant. As Field Soils Organization (FSO) QC inspector verified subcontractor compliance to contract requirements for $100M remediation of turbine building settlement. A glycol freeze wall was installed around building perimeter; the building foundation soil was excavated with the building supported by a temporary jacking system. As subcontracts administrator reviewed and approved FSO subcontractor pay applications and verified compliance to contract requirements.|
|Years: 1980 to 1981||Employer: Stone & Webster||Title: Quality Control Inspector||Department:||Responsibilities: Construction phase, $4B Riverbend, LA nuclear power plant. As field QC inspector verified subcontractor compliance to contract requirements. Performed concrete preplacement
and placement inspection of all safety related structures. Inspected structural backfill for
all safety related structures. Supervised construction materials testing technicians.
|Years: 1978 to 1980||Employer: Western Technologies||Title: Engineering Technician||Department:||Responsibilities: Construction phase, $5B Palo Verde Nuclear Power Plant, Units 1, 2, & 3. As subcontractor to Bechtel, performed field and laboratory concrete, soil, and steel construction materials testing to verify compliance with contract requirements.|
|Years: 1974 to 1978||Employer: American Testing & Engineering||Title: Engineering Technician||Department:||Responsibilities: Petersburg Generation Station (fossil fuel) Unit 2 construction. As subcontractor to Gibbs & Hill, performed field and laboratory concrete, soil, and steel construction materials testing to verify compliance with contract requirements.|
|Years||Country / Region||Summary|
|Years: 2009 to 2009||Country / Region: Trinidad||Summary: Respresented the state owned oil company in construction delay disputes on a $4B petrochemical plant expansion project.|
|Years: 2009 to 2009||Country / Region: Trinidad||Summary: Represented the natural gas company of Trinidad in construction delay disputes for offshore subseas natural gas platform projects.|
|Associations / Societies|
|AACEI, AGC, PMI, CMAA, ABA
Project Management Institute
Association for the Advancement of Cost Engineering
Construction Management Association of America
Design Build Institute of America
American Bar Association, Dispute Resolution Section
Associated General Contractors of America
Associated Owners & Developers
Dispute Review Board Foundation
|Licenses / Certifications|
|PMP, CCM, PSP, CFCC
Project Management Professional, PMI
Planning and Scheduling Professional, AACEI
Certified Construction Manager, CMCI
Certified Forensic Claims Consultant, AACEI
Certified Engineering Technician (Retired), National Institute for Certification in Engineering Technologies, (NICET)
Westlaw Statutory and Case Law Research
Westlaw Advanced Case Law Research
|Expert Witness Experience|
|Extensive experience in disputed change orders and construction claims during the dispute resolution lifecycle, settlement negotiations, mediation, arbitration and ligation support.|
|Training / Seminars|
|In-house training of project managers is CPM scheduling and contract administration for various clients.|
|Extensive network of scheduling/claims experts.|
|Expert in development of project management methodolgies, processes and procedures.|
|Other Relevant Experience|
|Expert in the use of Primavera Project Management software and Microsoft Project software.|