Expert Details
Construction Delay and Impact CPM, Military Construction and Contracting Claims, USACE & NAVFAC Policy
ID: 735200
Nevada, USA
Expert is an Expert Witness and Construction Claim Consultant with over 33 years of progressive management experience in construction and contracting with a focus on large complex federal/military projects and/or projects subject to challenging conditions. Former Level III warranted contracting officer for both the U.S. Army Corps of Engineers (USACE) and Naval Facilities Engineering Command (NAVFAC). Intimately familiar with both Army and Navy construction contracting policies, procedures, and practices and can provide expert construction claim support services to general contractors and government contracting agencies alike. While not an attorney himself, Expert is frequently called upon to assist attorneys in the preparation of their defenses because of his extensive knowledge of the Federal Acquisition Regulations (FAR), United Facilities Criteria (UFC), NAVFAC, and USACE policies and procedures and its application to government construction contracts related to scheduling, delays, cost and time impacts, productivity and efficiency analysis, differing site conditions, changes, warranty work, suspensions of work, terminations, liquidated damages, payments, Contract Performance Assessment Reporting System (CPARS), government contracting policies and procedures and construction contract law. Expert has testified in complex claim issues in both deposition and trial and has acted as a pro se client representative before the Armed Services Board of Contract Appeals for past employers.
In his current role as Principal Consultant, Expert prepares Time Impact Analysis (TIAs) and/or reviews TIAs for accuracy, completeness, and/or compliance with industry-accepted practices, provides expert research, investigation, analysis, and reports on construction-related claims, schedule disruptions, and delays; provides forensic claims and schedule delay and impact analysis with specific expertise in federal contracts; prepares claims for contractors and assesses contractor claims on behalf of owners; assists in discovery and depositions; prepares expert reports and testifies as an expert witness related to the above. His extensive experience in claims and dispute resolution, mediation/arbitration, Alternate Disputes Resolution (ADR), and full litigation enables him to provide unparalleled expert services for his clients. Expert can investigate and opine as to whether a government agency has provided for a fair and objective assessment of a contractor's performance (CPARS) and if the correct and proper procedures were used in the development of the rating. Expert can investigate and opine as to whether a government agency has acted in accordance with their own policies, procedures, and regulations, consistent with the FAR and other governing criteria, and in good faith and fair dealing in the administration of a contract. Expert can and does represent both contractors and government agencies alike, a testament to his integrity and credibility, essential for an expert witness.
COMPUTER SKILLS
*Primavera P6, MS Project, JD Edwards, Timberline, and various project management programs (Primavera CMS, Contract Manager, Constructware, and Expedition).
One of Expert's particular areas of expertise is in military construction projects, administered by the Army Corps of Engineers (USACE) or Naval Facilities Engineering Command (NAVFAC), specifically Contracting Officer policies, procedures, and practices, modification of contracts, Federal Acquisition Regulations (FAR) and interpretations, document control and of course forensic claim analysis, schedule impact analysis, efficiency; and productivity analysis.
Education
| Year | Degree | Subject | Institution |
|---|---|---|---|
| Year: 1995 | Degree: M.S. | Subject: Environmental Engineering | Institution: University of Texas- Austin |
| Year: 1987 | Degree: B.S. | Subject: Civil Engineering | Institution: University of Arizona- Tucson |
Work History
| Years | Employer | Title | Department |
|---|---|---|---|
| Years: 2018 to Present | Employer: Undisclosed | Title: Principal - CEO | Department: Owner |
Responsibilities:Forensic claim consultant, providing CPM schedule impact analysis, assessment of productivity losses and cost impacts, measured mile assessments, claim preparation and defense, expert report preparation and expert witness testimony. Discovery and litigation support, including rebuttal assessment of opposing party’s expert report. Expert topics include, federal government construction contracting, U.S. Army Corps of Engineers (USACE) policies and practices, Naval Facilities Engineering Command (NAVFAC) policies and practices, Standard/Best management practices for general contractors, Forensic Claim Analysis, schedule disruption, delay and impacts, cost analysis, lost efficiency and productivity claims, claims associated with the following FAR clauses, disputes, changes, differing site condition, suspension of work, stop work, termination for default, termination for convenience, time extensions, liquidated damages, warranty and payments. Provide defense of ratings provided under the Contractor Performance Assessment Reporting System (CPARS). |
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| Years | Employer | Title | Department |
| Years: 2016 to Present | Employer: Undisclosed | Title: Associate Vice President – Project Controls/Claims | Department: |
Responsibilities:Overall responsibility for project controls of all awarded Federal and State projects. Ensure all projects meet fee objectives and customer expectations. Oversee buyout process and development of the baseline project schedule. Establish project controls systems and establish an effective and efficient field organization for all newly awarded contracts. Responsible for adjudication of all claims and major disputes. Provide forensic analysis and prepare associated claims for submission to the government. Represent Nan Inc., in all matters before the Armed Services Board of Contract Appeals, presently with 15 complaints valued at over $21 M submitted before the Board. |
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| Years | Employer | Title | Department |
| Years: 2015 to 2016 | Employer: HAWAIIAN DREDGING | Title: Senior Project Manager | Department: |
Responsibilities:Overall responsibility for successful execution of project budget, schedule, quality and safety. Assemble project team and develop and implement efficient construction control management systems to interface between owner hosted system (CMS) and company best practices and management systems. Developed initial baseline progress schedule for three stations, including project phasing, inclusion of 25 contract milestones, with sequencing, duration and logic that represents a level and achievable work force and on time completion. Act as primary interface between multiple general contractors and major third party contractors with separate contracts with the owner. Identify interface coordination points, joint access and schedule requirements between interface partners. Identify and communicate interface issues with the owner and assist in problem resolution. Develop, buy out/negotiate and manage all subcontract work, supplier purchase orders, and personal service agreements (PSAs). Directly supervise a staff of 22 professionals including project engineers, site supervision, quality control, estimators, scheduler, contract specialist and administrative personnel. |
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| Years | Employer | Title | Department |
| Years: 2006 to 2015 | Employer: DCK WORLDWIDE, LLC | Title: Project Executive | Department: |
Responsibilities:Develop initial baseline schedule, including sequencing, duration, logic, cost/manpower loading, etc., including subsequent scheduling maintenance. Prepares, implements and enforces best management practices. Proficiently identifies potential cost overruns, inputs/reforecasts accurate cost projections, and performs routine cost report maintenance. Analyzes and successfully negotiates owner and subcontractor change orders, pay requests, cost proposals, time extension requests, etc. to ensure accuracy and compliance with contract requirements. In conjunction with site staff, monitors and controls construction through administrative direction to ensure project is built on schedule and within budget. Investigates and identifies potentially serious cost and/or risk situations and implements appropriate corrective measures. Assesses risk in subcontractor bond requirements, identifying and resolving missing scope items from bid estimate. Initiates and maintains liaison with owner, design team, subcontractors/suppliers to facilitate construction activities. Properly researches, documents and addresses potential problems. Prepare and oversee all major claims initiated by the Company.Representative Projects: * West Oahu, Kamehameha Highway and Farrington Highway Station Groups Projects - $190,000,000 Part of the $8.2 B Honolulu Rail Mass Transit Project. Three separate projects with each project consisting of three elevated platform light rail stations and related infrastructure. Initially Project Director, now VP of project controls. * Kona International Airport Renovation Phase I - $80,000,000 Major renovation and new construction at an international airport facility. Prepared baseline schedule, executed project buyout, hired and assembled all staff and set up organizational structure. Project is currently ahead of schedule and under budget. Acted as project director. * Grow the Army Project - $130,000,000 Design/Build project consisted of four separately funded Milcon projects, which included the construction of 28 separate buildings and their related infrastructure. Acted as Project Director, responsible for providing general oversight for schedule and budget. * The Mall of San Juan – San Juan, PR - $240,000,000 State-of-the-art, upscale, multi-level fully enclosed shopping mall. Acted as Project Executive during the buyout, mobilization and initial project startup. Assembled a 30 member project team to include recruitment and hiring, establishing the operating, accounting, reporting, scheduling, quality and safety control systems for the project. Provided direct liaison with the owner and the owner's contracted management team. Provided general oversight for subcontract scope development and negotiated terms and pricing for all major subcontracts. * Hawaii Regional Security Operations Center (HRSOC) - Wahiawa, HI - $326,000,000 Construction of a new security operations center, personnel support building, central plant and warehouse building, visitor control center and supporting infrastructure. Acted in the capacity of Project Controls Manager, responsible for establishing scheduling and contract management systems for efficient project execution and monitoring. Drafted all major subcontracts and developed the initial conformed contract documents. Acted as primary point of contact with the owner with regard to contract administration. Project was completed ahead of schedule and received an outstanding rating. Bassett Hospital Replacement Project - Ft. Wainwright, AK - $196,000,000 Sr. Project Manager - Responsible for project completion and closeout, including building commissioning, inspection and testing, acceptance and facility turnover. Subsequent to completion of work, executed six month follow-on operation and maintenance program for a fully operational hospital complex, coordinated warranty provisions, resolved all outstanding owner and subcontractor change orders. |
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| Years | Employer | Title | Department |
| Years: 2002 to 2006 | Employer: Self Employed | Title: President & Owner | Department: |
Responsibilities:Built General Contracting and Construction Services Company from the ground up. Created and led all aspects of the company including Marketing, Human Resources, IT, Legal, Accounting, Estimating, Operations and Administration. Company consisted of two divisions; General Contracting and Construction Management Services. Services offered included onsite project management, project scheduling preparation and management, project controls, proposal development, proposal negotiations, subcontract development, subcontract negotiation, buyout and management.Representative Projects: * NY MTA multi-year task order contract (Design-Build) Completed various task orders up to $5 Million. * Armament Software Engineering Facility Renovation, US Army Corps of Engineers - Picatinny Arsenal, NJ - $18,600,000. Project scope was to renovate an old public workshops facility into an 80,000 sq. ft., state-of-the-art armament testing facility for the Army. Specialty construction consisted of the installation of a 50-ton crane and rail system, raised computer decking and abatement of contaminated soil, asbestos, PCBs and lead based paint. * MATOC Air National Guard - Westhampton, NY Expert Construction Company was selected as one of 5 MATOC design/build contractors and selected based on a very competitive and rigid "Best Value" selection process. Task orders issued under the contract were valued up to $1 Million/task order depending on task order. |
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| Years | Employer | Title | Department |
| Years: 1999 to 2002 | Employer: D&K CONSTRUCTION COMPANY | Title: Vice President - Operations | Department: |
Responsibilities:Responsible for the successful execution of all Projects. Monitored execution of project budgets, schedules, manpower and equipment. Assisted in proposal development, negotiated all major proposals over $100,000, managed subcontract buyouts subsequent to project award, and developed bid/proposal strategies for obtaining new projects. Problem solver and expediter. Provided onsite presence and coordination during critical phases of contract work.Representative Projects: * Renovation of Family Housing, US Army Corps of Engineers - West Point, NY - $16,400,000 * Upgrade HVAC Systems, Naval Facilities Engineering Command, Bethesda, MD - $10,200,000 * Renovation of Sherman Barracks, US Army Corps of Engineering - West Point, NY - $70,500,000 |
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| Years | Employer | Title | Department |
| Years: 1992 to 1994 | Employer: NAVY MEDICAL RESEARCH, UNIT #3 | Title: Head of Construction & Contracting | Department: |
Responsibilities:Responsible for the development, award and administration of all construction and facility maintenance service contracts for a large medical research complex, which included a working hospital. Supervised a staff of over 50 personnel and managed an annual operating budget of $100 M. |
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| Years | Employer | Title | Department |
| Years: 1988 to 1992 | Employer: MARINE CORPS BASE AMP BUTLER | Title: Project Manager | Department: |
Responsibilities:Effectively administered over 50 repair, renovation, minor construction, and environmental abatement contracts. Coordinated and scheduled work with building occupants to minimize disruption and maintain operations. Provided technical solutions for contract modifications, prepared estimates and negotiated changes. |
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Career Accomplishments
| Associations / Societies |
|---|
| Member Association for the Advancement of Cost Engineering (AACE) Member Certification Board (AACE) Member, Society of American Military Engineers Certified Member, Professional Acquisition Corps. |
| Licenses / Certifications |
|---|
| Certified Forensic Claims Consultant (CFCC) by the American Association of Cost Engineers (AACE) - 2019 Registered E.I.T.- State of Arizona (1993) |
| Awards / Recognition |
|---|
| Navy Commendation Medal Navy Achievement Medal (2) Iraq Campaign Medal Global War on Terrorism Medal Southwest Asia Service Medal National Defense Service Medal (2) Meritorious Unit Commendation Overseas service ribbon (5) Army service ribbon |
Additional Experience
| Expert Witness Experience |
|---|
| Deposed as the expert witness. Subject matter - Delay and Disruption Analysis. Project: Wailea Beach Villas Resort, Maui, Hawaii. Deposed. Subject matter – Liquidated damages and schedule delays. Project: Bassett Hospital, Fairbanks, Alaska. Deposed. Subject matter – Army Corps of Engineer policy with regard to payments, withholdings, liquidated damages, Prompt Payment Act (PPA) and Contract Disputes Act (CDA) interest. Project: Bassett Hospital, Fairbanks, Alaska. Deposed. Subject matter – Forensic analysis of delays and impacts. Project: C17 Clear Water Rinse Facility, Hickam AFB. Provided trial testimony. Subject matter – Airfield grade analysis conducted and conclusions presented regarding constructability of design. Project: Extend Strategic Airlift Aircraft Ramp, Hickam AFB. Deposed in advance of a $1.8M mediated settlement. The subject matter was forensic impact and cost analysis. Project: Drum Road Upgrade Phase I, Scofield Barracks, Hawaii. Deposed and later provided trial testimony. Subject matter – differing site conditions and impacts on the progress schedule. Project: Marine Corps Air Base, Kaneohe, Hawaii. Deposed and later provided testimony for ASBCA mediated settlement. Subject matter – delay and impact analysis, cost analysis. Bassett Hospital, Fairbanks, Alaska. Conducted deposition of fact witness on behalf of the Appellant Fort Shafter, Hawaii. Conducted deposition of fact witness on behalf of the Appellant (Pro se) Conducted deposition of fact witness on behalf of the Appellant (Pro se) Provided testimony in support a measured mile analysis in arbitration: Subject matter: Measured Mile Analysis, cost analysis. |
| Other Relevant Experience |
|---|
| Relevant Military Experience: Retired Navy Civil Engineer Corps (CEC) Officer. Called to Active Duty in Iraq from January 2005 to March 2006. Managed an Army Corps of Engineers' Resident Office on Al Asad Airbase, Iraq. Held contracting officers' warrant from both the Navy and Army at the same time. As a Level III warranted contracting officer, Expert's primary duties focused on: – Construction contract development, solicitation and award – Contract administration and personnel management – Change order management – Dispute resolution – Claims management – Claims negotiation – Differing site condition determinations – Change condition determinations – Schedule management – TIA assessments and quantum cost analysis. – Provide for fair and objective appraisals of a contractor’s performance using the Contractor Performance Assessment Reporting System (CPARS). – Compensable and non-compensable, excusable and non-excusable time extension request determinations. – Issuing contracting officer decisions in association with claims submitted to the government providing for a fair assessment of entitlement and quantum; providing for subsequent defense of the government position with regard to the litigation of claims where a Contracting Officer Final Decision (COFD) had been issued. Note: As a reservist, Expert was often requested to guest instruct for the Naval Civil Engineer Corps Officer School (CECOS), training young Naval Officers and Engineers the basics of government contract administration. |
Fields of Expertise
expert testimony, construction dispute, construction claim, construction delay, delay claim analysis, government defense contracting, government contract, CFCC, USACE, NAVFAC, CPM, TIA, army policy, Navy Policy, construction disputes, FAR, labor productivity, lost productivity, efficiency, forensic analysis, learning curve, construction schedule, schedule analysis, schedule, delay claim, contract dispute, dispute resolution, alternative dispute resolution, ADR, CPARS, time extension, Liquidated damages, differing site conditions, changes, mediation, arbitration, negotiation, expert witness, Expert Witness Services, Expert Witness Testimony, Deposition Witness, legal research, report preparation, DFAR, legal litigation support, Legal Key Expert, Defense Contract Audit Agency, FAR part 31, Far part 52, bad faith claim, contract performance, performance evaluation, critical path method, critical path analysis, prompt payment, progress payments, excessive retain age, excessive withholding, over inspection, proposal, change order cost estimation, expert report, ASBCA, Claim development, COVID-19