Testifying Experts in Construction Disputes

Transcription

1 Testifying Experts in Construction Disputes

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3 In a construction dispute involving technical issues, schedule delays, and economic damages, a critical success factor is the decision by counsel regarding the selection of the testifying expert. Command of the subject matter, professional experience, credentials and presence as an expert are key decision criteria all crucial to a successful outcome. The selection of a well-qualified and experienced testifying expert can provide counsel with a significant strategic advantage, especially when that expert can draw upon the leveraged, experienced and well-trained resources of a global litigation consulting practice to support their testimony. Navigant Consulting prides itself on the quality and depth of the testifying experts in our Global Construction Practice. Our Practice has assembled the largest cadre of first-chair testifying experts in architecture, engineering, construction, project management, scheduling, accounting and financial analysis. Our professionals have artfully and skillfully presented complex testimony in various legal forums, including the U.S. Court of Federal Claims, various Government Boards of Contract Appeals, state and federal courts, mediation and arbitration proceedings, and before the International Court of Arbitration of the International Chamber of Commerce. The following biographical information highlights the experience and expertise of a selected list of our testifying experts. Our Global Construction Practice includes a significant cadre of professionals who have qualified and testified in various domestic and international legal forums.

4 David R. Tortorello, P.E Mr. Tortorello has over 25 years of experience in construction claims analysis, cost analysis, engineering design, project management and scheduling. He has directed the analysis of hundreds of construction claims, in some cases exceeding $1 billion in damages. These claims involved major infrastructure developments, power plants, oil refineries, prisons, wastewater treatment plants, rail transportation systems, airports, hotels and schools. His experience includes schedule delay analysis, damage claim analysis, design and construction technical analysis, and the evaluation of opposing expert analyses. Mr. Tortorello has testified in state and federal courts, before the U.S. Court of Federal Claims, the Armed Services Board of Contract Appeals (ASBCA), and in arbitration and mediation proceedings concerning various scheduling and cost issues. He received his Bachelor of Science degree in mechanical engineering from Villanova University and his MBA from Pace University. Mr. Tortorello is a registered Professional Engineer in New York State.. e x p e r i e n c e

5 Paul Barry Paul Barry is a Managing Director based in London and leads our Europe, Middle East and Asia Region. Mr. Barry is a chartered quantity surveyor with over 40 years of experience advising on building and engineering projects around the world. He specializes in quantity surveying, procurement and contract advice, and forensic investigation. His expertise spans many industry sectors, including highways, rail, power stations, oil and gas, airports, infrastructure, public, commercial and residential buildings and highly serviced mechanical and electrical installations. He has experience of most forms of procurement (including traditional, design and build, turnkey, management, partnering and bespoke methods) and the different methods of measurement. Mr. Barry has been appointed as a cost and/or procurement expert on many construction-related disputes, acting for both claimant and defendant/respondent. He has given evidence in the High Court and at arbitration under UK and ICC rules. Mr. Barry is a Fellow of the Royal Institution of Chartered Surveyors (RICS), an RICS registered expert witness and successful mediator. He has been appointed as a single joint expert in the TCC and has been a tribunal appointed expert. Mr. Barry has also provided expert determination. c l e a r t h i n k i n g

6 Peter Badala Peter Badala has 30 years of consulting experience on a wide range of construction and public contract disputes. He has provided forensic accounting, auditing, and claims consulting services and expert testimony on more than 100 construction projects around the world. Mr. Badala has conducted independent investigations into allegations of false claims, and the analysis of economic damages, the reasonable cost of repair/replacement and analysis of increased operating costs that result from schedule delays, defective construction, product liability litigation or the alleged failure of the contractor to meet the contract s performance specifications. He has been retained on behalf of public and private owners/developers, contractors, sureties and financial institutions covering a diverse range of construction projects around the world including the United States, Canada, Mexico, Europe, South America, Caribbean, Asia and the Middle East. Mr. Badala has provided expert testimony in depositions and trials in federal and state courts, domestic and international arbitration and before special administrative panel proceedings. In addition to his trial and arbitration testimony, Mr. Badala is a frequent and active participant in numerous ADR settings including mediations, mini-trials, and settlement negotiations. He received his Bachelor of Business Administration degree from Georgetown University. c r e d e n t i a l s

7 Douglas F. Coppi Douglas Coppi possesses more than 30 years of deep industry experience in construction engineering, management and dispute resolution services. He has provided expert technical support to parties involved in the various phases of a construction dispute from initial claim preparation to dispute resolution. His expertise includes CPM schedule analysis, delay and disruption analysis, productivity studies, termination evaluations, changed work analysis, computerized document support, state-of-the-art digital graphics and videography in exhibit preparation and expert witness testimony. Mr. Coppi has provided these services for attorneys, contractors, public and private owners, developers, design professionals, and sureties across all industry sectors. He has testified at trials and arbitrations as well as presenting his findings at mediations and negotiations. He graduated magna cum laude with a Bachelor of Science in civil engineering from Princeton University where he developed his thesis on Critical Path Scheduling Techniques. Mr. Coppi has a number of professional affiliations and has authored, edited or been a contributor to numerous industry publications. Mr. Coppi continues to be a sought-after speaker for a variety of conferences and seminars around the globe. i n d e p e n d e n c e

8 Greg D. Crider Greg Crider has 30 years of experience encompassing all aspects of construction and project management. He has been involved in planning and scheduling and/or the analysis of delays on a wide variety of construction projects, as well as a wide variety of government contracts. These projects have entailed a variety of issues such as delay, disruption, acceleration, suspension of work, defective design/specifications, differing conditions, constructive changes, late ownerfurnished materials, over-inspection, interference, termination for default, subcontractor default, and mismanagement. Mr. Crider has qualified and testified as an expert in scheduling and delay analysis in the U.S. Court of Federal Claims, the General Services Board of Contract Appeals (GSBCA), the Armed Services Board of Contract Appeals (ASBCA), state and federal court, and numerous arbitrations and Alternative Dispute Resolution (ADR) proceedings. He is a summa cum laude graduate of The Pennsylvania State University with a Bachelor of Science degree in civil engineering, and is a Certified Forensic Claims Consultant. e x p e r i e n c e

9 Garry Crossley Garry Crossley advises clients internationally on project and schedule delivery, strategic issues, contractual risks, contract strategy and due diligence. He has over 20 years of experience in building and construction, infrastructure, transportation, oil and gas, petrochemicals, utilities and aerospace sectors throughout the Middle East, Asia, Africa, and Eastern and Western Europe. Mr. Crossley has extensive experience in the analysis and development of project schedules and in determining the causes and effects of project delay, disruption and acceleration. Mr. Crossley has been responsible for numerous international dispute and claim appointments on major engineering and construction projects in the Middle East, Asia, Africa, and Eastern and Western Europe, acting as planning and programming advisor and expert witness in all phases of the arbitration and litigation process including preparation and exchange of reports, and has also given evidence at hearings including in the International Chamber of Commerce. Mr. Crossley is a Member of The Royal Institution of Chartered Surveyors and has a Bachelor of Science in quantity surveying, Bachelor of Laws with Honors, Masters of Business Administration in construction and real estate, and the RICS Diploma in project management. c l e a r t h i n k i n g

10 Bob Davenport Bob Davenport has 25 years of experience in the design and construction industry. He has been involved with numerous commercial, institutional, and heavy industrial projects in the United States and worldwide. Mr. Davenport has assisted corporations, municipalities, developers, contractors, insurers, design firms, and their counsel in the analysis and successful resolution of multi-million dollar construction disputes on governmental projects, prisons, airports, resorts, arenas, schools, condominiums, retail facilities, and industrial projects. He has been qualified and has testified as an expert witness in mediations and arbitrations, before dispute review boards (DRBs), and at trial. Mr. Davenport has provided expert analysis and testimony regarding design and construction processes including schedule, progress, productivity, delay, procurement, damages, errors and omissions, and standard of care. He received a Bachelor of Science degree from Clemson University and a Master of Architecture degree from the Georgia Institute of Technology. He is a registered architect in multiple states and is certified by the National Council of Architectural Registration Boards (NCARB). c r e d e n t i a l s

11 Kevin Dennis, CPA, CMA Kevin Dennis has 18 years of diverse construction, commercial contract, financial institution, bankruptcy, and dispute resolution experience. His construction experience spans many industry sectors, including roads and bridges, manufacturing, oil & gas, hospitality, chemical, elder care facilities, airports, medical and university facilities, wastewater treatment facilities, health care facilities, and various residential and commercial projects. His work has included projects for owners, engineers, contractors, subcontractors, and their counsel, involving the analysis of change orders and claims, the development of damages analyses/critiques, the performance of project cost compliance reviews, and the assessment of causation. Mr. Dennis has provided deposition and trial testimony in federal and state courts and arbitrations, as well as presenting at numerous mediations and settlement conferences. He graduated summa cum laude from Florida Southern College with a Bachelor of Science in financial management and received his Master of Accounting from the University of Florida. Mr. Dennis is a Certified Public Accountant licensed in the states of California and Florida, is certified in Financial Forensics by the AICPA, and is a Certified Management Accountant. i n d e p e n d e n c e

12 Scott Gray Scott Gray has over 27 years of consulting experience, including the analysis of costs and damages incurred on over 250 construction projects and government contracts. He has analyzed claims for owners, prime contractors, subcontractors, A/E firms, and sureties on projects ranging from turn-key EPC contracts to build-to-print construction projects. On these engagements, he has addressed damages arising from changed work, deficient design, default, losses of efficiency, delay, acceleration, and contract terminations, among others. He has also analyzed labor productivity and inefficiency on numerous projects. Mr. Gray has provided expert testimony in litigation on several occasions in the U.S. Court of Federal Claims, the GSBCA, state court and federal courts, as well as in ICC arbitration, AAA arbitration, BIT arbitration and mediation proceedings. His testimony has included such topics as damages for delay, disruption, acceleration, and changed work. Mr. Gray graduated with honors from Colgate University with a Bachelor of Arts degree in economics and received his MBA from Georgetown University. e x p e r i e n c e

13 A.W. (Chad) Hutchison, IV Chad Hutchison has 20 years of experience in estimating, scheduling, project management, construction, cost analysis and dispute resolution. He has provided these services across a wide range of commercial, industrial, infrastructure and transportation construction matters. Mr. Hutchison specializes in the provision of project risk management services for projects prior to and during construction, and has often been called upon to facilitate negotiated settlements. In addition, his experience includes the preparation of evaluations and assessments of numerous construction disputes. Working on behalf of owners, contractors, program managers, sureties and their counsel, he has performed claims analyses, contract reviews, evaluations of project delays and impacts, analyses of resources and productivity, and the quantification of damages. Mr. Hutchison has been retained to provide consulting and testifying expert services addressing such issues as delay, disruption, estimating, cost, labor, and equipment productivity. He has been qualified and has testified as an expert at arbitrations and mediations, before dispute review boards (DRB) and at trial. Mr. Hutchison received his Bachelor of Science degree in civil engineering from the Georgia Institute of Technology. c l e a r t h i n k i n g

14 Stephen Pitaniello Stephen Pitaniello has over 20 years of diverse construction and engineering experience serving both the public and private sectors in the areas of construction management, engineering design, estimating, contract administration, construction inspection, and dispute resolution. He is retained by owners, contractors, subcontractors and their counsel to provide construction claims consulting services, including schedule delay analyses, damage analyses, productivity analyses, disputed extra work reviews, technical issue analysis, litigation support and expert testimony on a variety of complex construction projects. Mr. Pitaniello has performed these services on a wide range of projects, including airports, bridges, highways, correctional facilities, hospitals, railroads, railroad stations, retail, schools, universities, and sports complexes. He has provided expert testimony in mediation, arbitration and depositions. Mr. Pitaniello obtained his Bachelor of Science degree in mechanical engineering from Clarkson University and his Master of Science degree in systems management from Golden Gate University. Mr. Pitaniello is registered as a professional engineer in the states of California and Connecticut. c r e d e n t i a l s

15 Dennis A. Staats, CPA Dennis Staats is a senior financial claims and litigation executive with over 25 years of accounting, consulting, and corporate expertise. He has worked with a diverse group of industries, including construction, energy and utilities, technology, telecommunications, aerospace, electronics, shipbuilding, oil and gas, chemical and others. He has testified as an expert witness on cost accounting and claims issues on construction contracts, business valuations, the economic impact of business transactions including claims for business interruption, breach of contracts, patent and trademark infringement, and thefts of trade secrets. Mr. Staats is a nationally known expert on impact analysis and in the recovery for extended and unabsorbed overhead. He has testified as an expert in state and federal court, in arbitrations and mediations and in public hearings. Mr. Staats has also served as a project neutral in alternate dispute resolution forums. He received a Bachelor of Science degree in business administration and accounting from Michigan Technological University and is a Certified Public Accountant in the Commonwealth of Massachusetts. i n d e p e n d e n c e

16 Michael Stokes +971 (4) Michael Stokes has more than 20 years of broad-based experience in building, civil engineering, mechanical and electrical, light and heavy rail, power and process projects. He specializes in forensic investigation of cost and scheduling issues. Mr. Stokes has provided independent cost, planning and project management opinion in formal proceedings in the UK and internationally. He has experience in all ADR forums including negotiation, DABs, adjudication and mediation (both as a representative and assistant mediator). He has testified in international arbitration, formal DAB proceedings and numerous ADR hearings. Mr. Stokes has a Bachelor of Laws degree and a Master of Science in construction law and arbitration. He holds a Higher National Certificate in Building Studies, is a Fellow of the Royal Institution of Chartered Surveyors, and an RICS registered expert witness. Mr. Stokes is also a member of the Chartered Institute of Arbitrators, a CEDR trained mediator and a non-practicing barrister. e x p e r i e n c e

17 Dispute Resolution Services When disputes or challenges arise, our clients rely on our experts for insightful analysis of technical, schedule and cost issues, our knowledge of industry standards of practice, and effective expert testimony and litigation support services. Our work focuses on clearly identifying the root causes and responsibility for changes, delay, acceleration, disruption and other events, and quantifying economic damages when appropriate. Our involvement enhances our clients decision-making capabilities regarding available dispute resolution options and can significantly reduce their financial risk and exposure. Litigation Support/Expert Witness Testimony While the focus of our practice is on the avoidance or early resolution of disputes, for those matters that do go to arbitration or litigation our professionals offer substantial litigation support expertise. We have extensive experience working with counsel in all phases of the litigation process, including discovery assistance, participation in strategy sessions, and review of the opposing expert s analysis. Many of our senior professionals have significant expert testimony experience in a wide range of venues, from federal and state courts to international and domestic arbitrations, mediations, and special administrative hearings.

18 Contact» Peter Badala Scott Gray About Navigant Navigant is a specialized independent consulting firm providing professional services to assist clients in identifying practical solutions to the challenges of uncertainty, risk and distress. We focus on large industry sectors that are typically highly regulated and/or are undergoing significant change. To best meet the needs of our clients, we offer a knowledge-rich team of professionals with expertise in project management, CPM scheduling, cost estimating, construction accounting, claims pricing and economic damages. Our professionals bring decades of experience in architecture, engineering, real estate, construction management, contracting, claims evaluation and litigation support to every engagement. We have successfully completed thousands of projects across the United States, Canada, Caribbean, Europe, Asia, Middle East, and South America. Our unique blend of professional disciplines and industry experience can assist owners, contractors, design professionals, construction managers, sureties and their counsel, from the early stages of budget preparation and preconstruction, all the way through project completion and, if necessary, through dispute resolution.

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20 SKILL SETS INDUSTRY EXPERIENCE TESTIMONY Audits Cost/Damages Analysis Design Analysis Scheduling/Delay Analysis Productivity Studies Project Management Commercial Energy Entertainment Environmental Industrial and Manufacturing Infrastructure Institutional Public Sector International Mediation Arbitration Federal/State Court U.S. Court of Federal Claims Boards of Appeal ICC Arbitration Paul Barry Peter V. Badala Douglas F. Coppi Greg D. Crider Garry Crossley Robert W. Davenport Kevin Dennis Scott D. Gray A.W. (Chad) Hutchison, IV Stephen Pitaniello Dennis A. Staats Michael Stokes David A. Tortorello 2010 Navigant Consulting, Inc. All rights reserved A Navigant Consulting is not a certified public accounting firm and does not provide audit, attest, or public accounting services. See for a complete listing of private investigator licenses.