Philip D. Barnard, PE
Biography
Philip Barnard, Interface Consulting senior advisor, is a 40-year veteran of the construction industry. As the former Assistant Director of Public Works for the City of Houston, his background includes multimillion-dollar construction projects, heavy civil and bridge construction, and project management for facilities and municipal projects. Mr. Barnard specializes in claims analyses, damage assessments, dispute resolutions, and schedule analyses and provides comprehensive litigation support as a construction management and expert witness.
Work History
Interface Consulting International, Inc.
Senior Vice President, Principal Consultant & Senior Advisor
- Provides claims analysis services for the general contracting, infrastructure contracting, and pipeline contracting industries
- Conducts damage assessments and dispute resolutions for contractors and owners
- Provides loss and failure analyses and damage evaluations for contractors and owners
- Provides litigation support as a consultant and expert witness
- Performs proactive construction support services to contractors and owners
- Performs productivity/efficiency analyses and cause/effect relationship studies
- Provides schedule analysis, construction sequencing, and acceleration evaluations
City of Houston, Department of Public Works
Assistant Director
Marathon Construction Company
Vice President of Operations
First General Realty Corporation
Project Manager
Turner, Collie and Braden, Inc.
Design & Construction Engineer
Southern Inspection Services, Inc.
Graduate Engineer
Litigation & Arbitration Experience
- Testifies before US state and federal courts, administrative hearings, AAA arbitrations, and international arbitrations
- Provided expert testimony on over 50 projects
Publications
“Challenges of the Measured Mile Concept for Productivity Loss Claims,” AACE International 2013 Annual Meeting, Washington, DC, July 2013.
“Every Step Counts in Successful Project Management,” Construction Executive, March 2011: 34-36.
“The Greening of the Building Codes,” Lorman Education Services, Houston, Texas, May 2009.
“Survive the Next Disaster: Lessons Learned,” Construction SuperConference, San Francisco, California, December 2006.
“Selecting and Developing the Right Site,” Associated Owners and Developers (AOD) National Seminars, Washington, DC, October 2006.
“Troubleshooting Scheduling Issues,” Building a Foundation for Managing Complex Construction Law Issues in Texas, National Business Institute, March 2006: 179-198.
“Addressing Changes and Extras,” Building a Foundation for Managing Complex Construction Law Issues in Texas, National Business Institute, March 2006: 151-178.
“Change Management Strategies – 4 Perspectives,” Construction SuperConference, San Francisco, California, December 2005.
“Staking Your Claim – Effective Claim Resolution,” AACE 49th Annual Meeting, New Orleans, Louisiana, June 2005.
“Advantages and Pitfalls of Design-Build Contracts,” Construction SuperConference, San Francisco, California, December 2004.
“Rules of Engagement for Construction Claims – Part 2,” Construction Executive, September 2004: 46-46.
“Rules of Engagement for Construction Claims – Part 1,” Construction Executive, August 2004: 42-44.
Speaking Engagements
“The Greening of the Building Codes,” Lorman Education Services, Houston, Texas, May 2009.
“Survive the Next Disaster: Lessons Learned,” Construction SuperConference, San Francisco, California, December 2006.
“Change Management Strategies – 3 Perspectives,” Associated Owners & Developers (AOD) 2006 National Conference, Washington, DC, October 2006.
“Change Management Strategies – 4 Perspectives,” Construction SuperConference, San Francisco, California, December 2005.
“Staking Your Claim: Effective Claim Resolution,” Association for the Advancement of Cost Engineering (AACE) International 49th Annual Meeting, New Orleans, Louisiana, June 2005.
“Advantages and Pitfalls of Design-Build Contracts,” Construction SuperConference, San Francisco, California, December 2004.
“Rules of Engagement for Construction Claims,” Association for the Advancement of Cost Engineering International (AACEI) 48th Annual Meeting, Washington, DC, June 2004.
“Construction Claims,” American Society of Civil Engineers (ASCE) Constructability Conference, May 2000.
Credentials
- BS – Civil Engineering
Southern Methodist University, Texas - Licensed Professional Engineer
Professional Affiliations
- Member – American Concrete Institute (ACI)
- Member – American Institute of Steel Construction, Inc. (AISC)
- Member – American Society of Civil Engineers (ASCE)
- Member – Association for the Advancement of Cost Engineering International (AACEI)
- Member – Construction Management Association of America (CMAA)
- Member – Project Management Institute (PMI)
- Associate Member – Associated Builders & Contractors (ABC)
- Associate Member – State Bar of Texas, Construction Law Section
Expert Areas
- Damage Assessment/Entitlement
- Labor Inefficiency/Productivity
- Schedule Analysis
- CPM/Window
- Construction Claims and Analysis
- Construction Defect/Forensic Analysis
- Differing Site Conditions
- Standards of Care
- Risk Analysis
- Cost Estimation
Expertise
- Professional Engineer with over 40 years of experience managing the engineering, construction, and administration of civil/infrastructure and building projects
- Evaluates construction claim and dispute issues involving design and construction defects, defective contracts, constructive changes, differing site conditions, delays, disruptions, defective materials, excessive change orders, over-inspection, site access, construction methodology, standard of care, force majeure, as well as labor inefficiency or productivity issues
- Provides forensic analysis, cost analysis, risk analysis, cost estimation, CPM schedule analysis, measured mile analysis, as well as assessment of liabilities and damages associated with construction claims and disputes
- Provides consulting and comprehensive expert analysis/testimony in complex construction matters often resulting in claims, litigation, or arbitration
Buildings & Facilities
- 1011 Studemont Condominiums
- 11451 Katy Freeway Building Remodel
- 2727 Kirby Condominiums
- Academy Sports and Outdoors
- Alief ISD Outley Elementary School Expansion
- Army Air Force Exchange Service Fort Bragg Mini-Mall
- Army Air Force Exchange Service Fort Gordon Expansion
- Barbara Bush Branch Library
- Barksdale AFB Phase I Conduit Installation
- Bayou Lofts Houston
- Baytown Nissan Automotive Dealership
- Beacon Homeowners Properties
- Beaucatcher House Condominiums
- Belleville ISD Township High School
- Blackhawk Self Storage
- Brighton Gardens Assisted Living Facility
- Brownsville ISD Bruce Aiken Elementary School
- Brownsville ISD Raul A. Besteiro Jr. Middle School
- Caliban Sulphur Housing
- Carrizo Springs ISD Carrizo Springs Elementary
- Centerpointe Hotel Deer Park
- Children’s World Learning Centers
- CHRISTUS Spohn Hospital Parking Garage
- Cinemark Tinseltown 24
- City of Austin Public Works Service Center Site Improvements
- City of Conroe Police Station & Municipal Court Facility
- City of Houston City Hall Renovation
- City of Houston Emancipation Park
- City of Houston Solid Waste Southside Transfer Station
- Clarewood Properties Warehouse
- Clear Creek ISD Brittany Lakes Elementary School
- Cleveland ISD Eastside Intermediate School
- Coastal Townlofts Condominiums
- Comfort Suites Sulphur Hotel
- Communication Workers of America Local 6215 Building
- Concierge Care Nursing Centers
- Creekview Apartments
- Crown Park Resort Gatlinburg
- Daytona Beach Hotels Disaster Recovery
- Donna ISD D.M. Sauceda Middle School Site
- Donna ISD Memorial Library
- Donna ISD Performing Arts/Band Hall Building
- Donna ISD Truman Price Elementary
- Donna ISD Veterans Middle School
- Dresser-Rand Repair Facility
- Eastwick Village Apartments
- Edinburg Consolidated ISD High School
- Environmental Protection Agency Region 8 Laboratory
- ExxonMobil Corporate Campus C1
- Fifteen Private Mini Storage Facilities
- Foley’s Houston Galleria
- Fort Lewis Army Base Housing
- Fort Sill Army Base Housing
- Franklin Street Apartments
- Fry’s Electronics Stores
- Gables Celebration Apartments
- Galena Park ISD High School
- Galleria IV Houston Expansion
- George R. Brown Convention Center & Expansion
- Georgia-Pacific Manufacturing Facility
- Grimes County Law Enforcement Center
- Gulf Chemical & Metallurgical Corp. CB 2 Building
- Hanscom AFB Family Housing
- Hewlett-Packard Computer Complex
- Houston City Hall Annex Building
- Houston Fire Stations (13)
- Houston Housing Authority Kelly Village
- Houston ISD Food Services Building
- Houston ISD Madison High School
- Houston ISD School at St. George Place
- Houston Police Westside Command Station
- Hurst-Euless-Bedford ISD L.D. Bell High School
- Il Palazzo Lofts
- Kohl’s Department Store, Valley Ranch Store
- Lake Oswego High School
- Lambeth House Retirement Community
- Little Rock AFB Family Housing
- Loews Miami Beach Hotel
- Mallard Crossing Luxury Apartments
- Marina Inn at Grande Dunes
- Mariner Health Care Facilities
- Marriott Residence Inn Dallas
- McAllen Performing Arts Center
- Metropolitan Multi-Service Center
- Minute Maid Park HVAC System
- North Forest ISD B.C. Elmore Middle School
- Northline Mall AMC Theater
- Paris ISD High School
- Pearland ISD Rustic Oak Elementary
- Pharr-San Juan-Alamo ISD Long Elementary
- Pinehurst Apartments Midvale Site Improvements
- Port Arthur Convention Center
- Port Imperial Condominiums
- Progreso ISD Progreso Primary & High School Building
- Queen Anne High School Condominiums
- Reader’s Wholesale Distributors Warehouse Addition
- Renaissance Hospital Grand Prairie Reconstruction
- Robert E. Johnson State Office Building
- Roma ISD Ramiro Barrera Middle School
- San Benito CISD Veterans Memorial Academy Site
- Scott & White Hospital – Temple
- Scottsdale Waterfront Residences
- Southwestern Bell Hollister Street Office
- St. Matthew’s Baptist Church
- Stafford Municipal School District Maintenance Building
- Stafford Municipal School District Practice Field
- Storage Choice Storage Facility
- Sunnyside Multi-Service Center
- Texarkana Pavilion Shopping Center
- Texas A&M University Reed Arena
- Texas Department of Criminal Justice Beeville Prison
- Texas Department of Criminal Justice Gatesville Facility
- Texas Department of Criminal Justice Southern Regional Medical Facility
- The Ballpark @ Union Station
- The Concierge Nursing Facility
- The Falls at Legend Trail Condominiums
- The Lofts of Stillwater Condominiums
- The Medical Center of Southeast Texas
- The Parks at Arlington Ice Rink Remediation
- The Point at Walden Condominiums
- The Villas at Stablewood Springs Resort
- The Woodlands Private Residences
- The Woodlands Resort & Conference Center Fairway Pines II Complex
- Treo @ Kettner Condominiums
- Tulane University Chemical Building
- Tulane University Environmental Sciences Building
- Tulane University Medical School
- Tulane/Xavier Center for Bioenvironmental Research
- University Health System Hospital Tower Superstructure
- University of Houston Athletics/Alumni Center
- University of Nevada Mendenhall Center
- University of North Florida Technical Research Park
- Vanguard Academy Houston
- Watkins-Logan Texas State Veterans Home
- Wortham Theater Center
- Wynn Las Vegas
Transportation & Infrastructure
- 11th Street Lift Station 120-inch Tunnel Diversion
- Arkansas Pine Bluff Highway Bypass
- ATSF Albuquerque Superfund Site
- Bangkok Wastewater Distribution System
- Barksdale AFB Phase I Conduit Installation
- Bayport Terminal Complex Phase 1A Wharf & Dredge
- Baytown Nissan Automotive Dealership Site Improvements
- Belmont Construction Project Close-out
- Blair Drill Site Sanitary Sewer Improvements
- City of Austin Public Works Service Center Site Improvements
- City of Austin Wastewater Sewer Line Replacement
- City of Del Rio Water Treatment Plant
- City of Detroit 21” Water Main Construction
- City of Edinburg Solid Waste Treatment Plant
- City of Georgetown Lake Water Treatment Plant Expansion Phase III
- City of Houston Austin St. Fiber Optic Line Repair
- City of Houston Clay Rd. Construction
- City of Houston Clay Rd. Relief Sewer
- City of Houston Fannin St. Reconstruction
- City of Houston Kirkwood Rd. Improvements
- City of Houston Lamar Terrace Street Paving
- City of Houston Market Street Paving and Drainage Project
- City of Houston Northeast Water Purification Plant
- City of Houston Northside Sewer Relief Tunnel Rehabilitation Area No. 5
- City of Houston Northside Wastewater 120-inch Tunnel Diversion
- City of Houston Northwest Wastewater Treatment Plant
- City of Houston San Jacinto St. Segment II Reconstruction
- City of Houston San Jacinto St. Segment III Reconstruction
- City of Houston Sims Bayou Northside Wastewater Treatment Plant Expansion
- City of Houston Southeast Water Purification Plant
- City of Houston Southwest Wastewater Treatment Plant & Expansion
- City of Houston Water Specification Review
- City of Houston Wayne St. Wastewater Line
- City of Laredo Flores Drainage Improvement System
- City of Mercedes Wastewater & Sanitary Sewer Improvements
- City of Parsons Water Treatment Plant
- City of Pharr Police Station & Municipal Court Site Improvement
- City of San Antonio Commerce St.
- City of San Antonio Elmendorf Rd. Construction
- City of Texas City US Filter Wastewater Treatment Plant
- City of Tucson SAVSARP Collector Lines Phase I
- Conrad Sauer Detention Basin & Pump Station
- DART Authority Stations
- Donna ISD D.M. Sauceda Middle School Site
- Fort Bend County Big Creek Bypass Drop Inlet Structure
- Fort Bend County Levee Improvement District No. 2
- Galveston County Railroad Bridge Lift Span Replacement & Waterline Relocation
- Glenbrook Golf Course
- Harris County MUD Underground Utilities
- HCFCD Deer Park Conveyance Channel & Basin
- Hermann Park Golf Course
- Houston 69th Street Wastewater Treatment Plant
- Houston METRO Airport Blvd. Roadwork
- Hoyer-Odfjell Bulk Transport Facility
- IH-10 Veterans Boulevard at Clearview Parkway
- Indian Village – LADOTD Highways 386 and 77
- Juanita Bay Pump Station
- Katy Mills Mall Site Improvements
- Louisiana DOTD IH-10 Bridge Reconstruction
- Louisiana DOTD US Route 171 Hornbeck – Florien
- Lytle Lake Water Control & Improvement District Dredging
- Malcomson Road Utility District Water, Sewer & Drainage Improvements
- Montgomery Co. United Creosoting Superfund Site
- New Jersey Green St./I-80 Bridge
- New Jersey Polifly Rd./I-80 Bridge
- New York Flushing Bay CSO Retention Facility
- Nolan Ridge Phase 2 Development
- North Dakota Highway 1804 – Marley Crossing to Montana Line and Trenton School
- North Fort Bend Water Authority 48″ Waterline Phase 1B
- NTTA President George Bush Turnpike
- Pennsylvania Turnpike Roadway/Bridge
- Pharr Memorial Library Parking Lot
- Pharr Memorial Library Parking Lot Improvements
- Pharr-San Juan-Alamo ISD Guerra Elementary
- Pharr-San Juan-Alamo ISD Liberty Middle School Site
- Pharr-San Juan-Alamo ISD Long Elementary
- Pinehurst Apartments Midvale Site Improvements
- Port Freeport Velasco Terminal Site
- Rainier Valley Link Light Rail
- River Oaks Academy Site Improvements
- San Benito CISD Veterans Memorial Academy Site
- Sienna Plantation Levee Improvement
- Southwestern Bell I-610 Telecom Facility Repair
- Southwestern Bell Westpark Tollway Fiber Optics Cable Repair
- Surfside Marina Defect
- Texas DOT Fry Rd./ I-10 Bridge Repair
- Texas DOT Orange Co. I-10 Construction
- Texas DOT The Woodlands Parkway Widening
- Texas DOT TVA Tower Relocations
- Texas DOT US 59 Highway – Cass and Marion Counties
- Texas DOT US Highway 6
- Texas DOT US Highway 96 Expansion
- Texas DOT US Route 385
- The City of Bee Cave City Hall Site Improvements
- The Parks at Arlington Ice Rink Remediation
- Travis County Transportation Gattis School Road Upgrades
- Trinity River Water Distribution & Flood Protection System
- Tucson Meadows Manufactured Home Community
- UNF Technical Research Park Site Improvements
- University Ranch Development Trunk Sanitary Sewer & Force Main System
- U.S. Metals Pipe Yard East Hardy Rd. Phases 1 and 2
- Utah DOT US Route 189 Provo Canyon Roadway Improvement
- Velasco Terminal Phase 1 Berth 7 Wharf
- Walmart Supercenter Conroe Storm Sewer
- Walnut Creek Wastewater Treatment Plant
- Westside Energy Production Primula #1H Well
- William P. Hobby Airport Terminal Expansion
Land & Subsea Pipelines
- Aguaytia Gas Pipeline
- Air Liquide East Texas 20″ Hydrogen Pipeline
- Chiles Dome Pipeline Expansion
- Columbia Gulf Transmission 20″ Pipeline
- Kern River Loop Gas Transmission Pipeline
- Rockies Express East Pipeline
- TEPPCO 10″ P-80 Pipeline
- Texaco Pipeline Lake Barre Oil Spill
- Texaco San Jacinto River Pipeline
- US DOE 24″ Brine Disposal Pipeline
Marine & Offshore Production
- Pogo Tantawan Field FPSO
- Port of Galveston Pier 19 Repairs
- Texaco San Jacinto River Pipeline
- Total E&P Matterhorn SeaStar TLP
Power, Process & Industrial
- Action Box Manufacturing Plant
- Ascend Chocolate Bayou Plant Site Work
- Clark Refining Heavy Oil Upgrade
- Exxon BOP-EX Refinery & Chemical Plant
- Georgia Pacific Manufacturing Facility
- Goodyear Rubber Plant
- Hankins Lumber Grenada Planer Mill
- HOVENSA St. Croix Delayed Coking Unit
- HOVENSA St. Croix Low Sulphur Gasoline Refinery
- Kansas Power & Light Railcar Facility
- Linde US Canadian Valley Processing Plant
- Marion Power Shovel Rehabilitation Project
- Merey Sweeny Vacuum Delayed Coking Units
- North Pole Power Plant Expansion
- Smith Industries Plant Liquidation
- Sonatrach Menzel Ledjmet East Field
- South Texas Nuclear Site
- Southdown Victorville Cement Plant Expansion
- TransAlta Utilities Coal Mine Drag Line
- Valero Aruba Refinery Tosi-5 Boiler
- Williams Partners Fractionation Facilities
- Yarrington Road Rock Crushing Plant
BUILDINGS & FACILITIES
- Over 125 projects in the following industry sectors: Airports; commercial buildings; education; entertainment & sports facilities; government buildings; healthcare; hotels & convention centers; industrial buildings; military bases; multi-family housing; retail centers
TRANSPORTATION & INFRASTRUCTURE
- Over 85 projects in the following industry sectors: Airport runways; heavy civil; mass transit; ports, piers & wharfs; roads, highways & bridges; site work; telecom & technology; utilities & utility pipelines; water & wastewater plants
PETROLEUM REFINING, GAS PROCESSING & POWER
- Over 15 projects in 4 countries, including the following industry sectors: Chemical & petrochemical; industrial facilities; manufacturing facilities; power plants; refining facilities
60 Megawatt Power Generation Facility Addition
Assisted the owner of the electrical facility in a matter regarding the contractor’s claim for extra costs for constructing the addition. The evaluation included a CPM schedule analysis to determine the extent of delay, change order review to determine validity of changes, engineering review of plans, assessment of purchased equipment that did not meet the contract specifications, and determination of the cost to complete the project after contractor termination. Provided an expert report and counterclaim package.
Apartment Complex
Performed a forensic analysis of construction defects involving the roofing system and exterior painting for the owner. Determined causation and entitlement to damages, developed cost-to-repair estimate, prepared expert opinion, and provided expert testimony.
Automotive Dealership
Performed a forensic analysis of a parking lot for the general contractor, which included a defective construction evaluation to determine integrity and durability. Determined the cost to repair.
Baseball Stadium Design
Assisted a steel erection subcontractor in a matter regarding design development issues. Established causation and entitlement to damages for loss of funds for pre-design work. Prepared an expert opinion and provided expert testimony in court.
Cement Plant Expansion
Evaluated a claim for additional compensation and a schedule extension for a cement plant expansion in Mexico. Issues analyzed include constructive changes to the contractor’s means and methods, defective plans and specifications, labor productivity, and site overhead and delay costs. Presented analyses in an expert report.
Children’s Learning Center
Assisted the building owner by performing a forensic analysis of structural defects in three buildings. Evaluated the damage, quantified the cost of repairs, and prepared an expert report summarizing conclusions and opinions.
City Bridge Project
Assisted the contractor in a dispute with the city regarding extra work and a time extension. Analyzed the contract documents, including project specifications, and established entitlement to payment for extra work. Performed a schedule analysis to demonstrate validity of the time extension. Evaluated the city’s contract administration procedures for disruptive practices to validate contractor’s entitlement to damages.
City Convention Center Expansion
Provided construction project management advisory services to the city for the duration of the convention center expansion. Services included project oversight, contract document preparation, change order management, and claims avoidance. Conducted a review of CPM schedule analysis.
City Hall Renovation
Assisted the general contractor in a dispute with the city. Provided project oversight and change order management. Established causation and entitlement to damages for a claim involving lost labor productivity, defective drawings, differing site conditions, and disruptions due to interference with the contractor’s means and methods.
City Recreation Complex
Assisted the general contractor with project oversight, change order management, and project completion. Analyzed schedule delays and disruptions due to differing site conditions and the owner’s defective plans. Established causation and entitlement to damages, and quantified damages due to loss of productivity and project disruption. Prepared the contractor’s claim package.
City Thoroughfare Project
Assisted the city transit authority in disputes with the contractor on two separate projects, both involving claims for extra costs and relief from construction defects. Developed a counterclaim for the owner regarding contractor delays and defects.
Coal-fired Power Plant Rail Car Facility
Assisted the contractor with a request for equitable adjustment for a rail car facility in Kansas. Performed a CPM schedule analysis for a time extension; provided a labor productivity analysis; and analyzed support for acceleration, trade interference, out-of-sequence work, and crew overcrowding.
Commercial and Retail Building
Assisted the general contractor in a dispute with the owner of two buildings by establishing causation and entitlement to damages. Evaluated labor productivity loss and cause of extra work. Assisted in claims presentation and testified in arbitration.
Condominium Building
Assisted the owner in disputing a claim prepared by the general contractor for additional costs, delays, and disruptions. Performed a CPM schedule analysis for delays. Issues evaluated include defective work, late construction, and disputed extra work. Prepared an expert report and testified in arbitration.
Condominium Building
Assisted the mechanical contractor with project oversight, change order management, and project completion. Analyzed and quantified additional costs, delays, and disruptions due to differing site conditions, and prepared the contractor’s claim package. Performed a labor productivity analysis and established causation and entitlement to damages regarding loss of productivity and project disruption.
Consolidated Stormwater Overflow Retention Facility
Assisted the subcontractor with a dispute involving caissons for the retaining walls for a storm sewer retention facility. Quantified delays and disruptions, and performed a CPM schedule analysis to determine entitlement to delay damages and time extension. Primary issues addressed include contractor’s failure to provide proper site access, contractor interference with caisson work crews, delayed concrete trucks, and contractor-caused rework for which the subcontractor was entitled to damages.
Crude Oil and Natural Gas Processing Plant
ICC Arbitration – Evaluated a claim for a schedule extension on a crude oil and natural gas processing plant in Algeria on behalf of the owner. Tracked and analyzed piping and instrument diagrams (P&IDs). Performed a schedule analysis to determine time impacts of design changes, plot plan expansions, heat & material balance (H&MB) changes, delayed work permit applications, lack of manpower, improper construction schedule updates, and poor workmanship. Provided expert opinion on effects of various delays. Testified at an arbitration hearing in Paris, France.
Crude Oil and Natural Gas Processing Plant Upgrade
Assisted contractor on a crude oil refining project with preparation of claim for additional compensation and a schedule extension. Principal issues addressed include design changes, differing site conditions, plant access, constructive changes to the contractor’s means and methods, defective plans and specifications, labor productivity, over-inspection, and site overhead and delay costs. Presented analyses in an expert report.
Crude Oil Plant Vacuum Distillation and Delayed Coker Unit Installation
Evaluated a claim for additional compensation and a schedule extension for a crude oil refining project in Texas. Issues addressed include plant access, constructive changes to the contractor’s means and methods, defective plans and specifications, labor productivity, and site overhead and delay costs. Performed a CPM schedule analysis, analyzed plans and specifications, and quantified damages. Provided a rebuttal expert report.
Crude Oil Refinery and Chemical Plant
Evaluated a claim for additional compensation and a schedule extension for a crude oil refining project in Texas. Issues addressed include plant access, constructive changes to the contractor’s means and methods, defective plans and specifications, labor productivity, and site overhead and delay costs. Provided an expert report.
Crude Oil Refinery Delayed Coker Unit Installation
Evaluated a claim for additional compensation and a schedule extension for a crude oil refining project in St. Croix. Principal issues evaluated include plant access, constructive changes to the contractor’s means and methods, defective plans and specifications, labor productivity, and site overhead and delay costs. Performed a CPM schedule analysis. Quantified damages and presented analyses in an expert report.
Department Store
Assisted the general contractor in a dispute with its insurance carrier on a builder’s risk claim. Performed a CPM schedule analysis and quantified damages. Prepared claim and developed a position statement.
Elementary School
Assisted the owner by conducting a forensic analysis of construction defects involving the floor slabs. Established causation and entitlement to damages, and developed a cost to repair estimate. Presented the analysis in an expert report and assisted with settlement negotiations.
Elementary School Expansion
Provided expert opinion and court testimony for a school district in a dispute with its general contractor regarding schedule delay claims and extra costs. Performed labor and labor productivity analysis. Performed a CPM schedule analysis to determine delays for defective work, subcontractor delays, and concurrent delays. Prepared a counterclaim for damages due to late delivery of classrooms.
Fiber Optic Cable Repair at Toll Road Construction Site
Assisted the cable owner in a dispute with the contractor that cut a fiber optic cable multiple times while building a toll road. Performed a forensic investigation of the incident and reviewed documents and data to establish entitlement to damages. Prepared mediation presentation.
Flood-damaged Elementary Schools
Performed forensic analyses of two elementary schools under construction to assist the general contractor in a dispute with the insurance carrier regarding compensation for flood damage. Determined the cause and extent of damage due to flood water, and the extent of damage due to construction defects. Assisted the client with claim negotiations.
Government Laboratory
Assisted the general contractor with project oversight, change order management, and project completion. Analyzed schedule delays and disruptions due to the owner’s mismanagement. Quantified and established causation and entitlement to damages regarding loss of productivity and project disruption. Prepared the contractor’s claim package.
Health Care Facilities
Assisted the owner in a dispute with its insurance carrier over builder’s risk claim for multiple buildings damaged by flooding. Performed a forensic analysis of the damage, established entitlement to damages, quantified damages, prepared claim, and presented analysis in an expert report.
High School
Provided expert opinion and testimony on behalf of a school district in a dispute with its general contractor regarding the contractor’s claim for schedule delay and extra costs. Performed CPM schedule analysis for delays due to loss of labor productivity, defective work, subcontractor delays, and concurrent delays. Responded to claims of trade stacking, out-of-sequence work, reassignment of manpower, and dilution of supervision. Prepared a counterclaim for damages due to the late delivery of the classrooms. Delivered a presentation to the school district regarding acceptance of settlement during mediation.
High School Remediation
Assisted the remediation subcontractor in a dispute with the school district regarding cost recovery for the repair of fire damage to a school building. Evaluated repair costs and the allocation of repair costs to various parties.
Hospital
Assisted the insurance carrier in a dispute with the general contractor regarding water-damaged interior finishes from a hurricane. Analyzed, quantified, and evaluated contractor’s claim package for entitlement to damages, and estimated cost to repair. Prepared an expert opinion and testified in arbitration.
Hospital Addition
Assisted the general contractor’s management team in a dispute with the owner regarding construction of a building. Performed claims analysis, analyzed subcontractor’s management of defective work, established causation and entitlement to damages, and prepared an expert report.
Hospital Garage
Evaluated construction defects and project management standard of care issues associated with the garage construction on behalf of the owner. The issues analyzed include defective construction, deficient QA/QC programs, improper inspections, and inadequate site supervision. Presented the analysis in an expert report.
Hotel
Performed claims analysis for a mold contamination claim, which included a construction defect analysis, on behalf of the owner building a hotel. Performed a CPM schedule analysis to determine entitlement to damages for late completion. Provided expert opinion and testified in arbitration.
Hotel and Casino Resort
Assisted the general contractor in a dispute with a subcontractor claiming for additional costs, delays, and disruptions. Performed a CPM schedule analysis for delays. Issues evaluated include late design drawings, defective work, late construction, and disputed extra work. Prepared an expert report summarizing conclusions and opinions, and provided expert testimony.
Hotel and Conference Center
Assisted the owner with a construction defect claim on an 800-plus room luxury hotel/conference center. Issues evaluated include misapplication of stucco, water intrusion, and defective concrete work. Determined repair costs and conducted a review of corrective work performed by repair contractor. Presented analysis in an expert report.
Hotel and Resort Complex
Assisted the general contractor in a dispute with the owner regarding late changes to the design that caused stacking of trades, lost labor productivity, and delays and disruptions that led to project acceleration. Prepared settlement presentation.
Housing Authority Apartment Building
Assisted the general contractor with claim preparation, schedule analysis, and position statement preparation. Established causation and entitlement to damages for owner-caused delays and non-payment for extra work.
Hurricane Damage to Various Hotels
Assisted the general contractor in a dispute with the owner regarding lack of payment for repair costs to various hotels damaged by hurricanes; also assisted the general contractor in defending a claim for damage it was accused of causing. Analyzed labor charged compared to actual labor utilized, evaluated repairs completed, determined the cause of damage attributed to the contractor, assessed disruption to the contractor caused by the owner’s interference, and established entitlement to and quantified amount of unpaid funds due the contractor. Provided expert report and testimony.
Lake Dredging Project
Evaluated hydrographic and topographic information to assist the general contractor in a dispute with the owner. The dispute centered on a change in the methodology for measuring the dredged quantity of material removed from a lake, which affected the contractor’s payment. Evaluated changes in the means and methods required to respond to different manner of quantifying material, and quantified additional costs required to perform the work.
Major Toll Road Section
Assisted the contractor in a dispute with the tollway authority regarding differing site conditions and defective drawings. Analyzed and quantified the contractor’s extra work, and performed a CPM schedule analysis to demonstrate that extra work caused a delay to the project completion. Prepared a position statement detailing the delay and disruption analysis, labor productivity analysis, and entitlement to damages. Delivered a presentation at the settlement mediation.
Major Toll Road Section
Assisted a contractor in a dispute with the tollway authority regarding differing site conditions and defective drawings that caused the contractor extra work. Performed a CPM schedule analysis demonstrating that extra work delayed the project completion. Prepared a position statement detailing the delay and disruption analysis, labor productivity analysis, and entitlement to damages. Delivered presentation at the settlement mediation.
Marina Structure and Building
Prepared position statement to assist the general contractor in a dispute with the owner regarding claimed defective construction. Analyzed cause and result of defective drawings. Performed a CPM schedule analysis and quantified damages. Prepared counterclaim and expert opinion, and provided expert testimony.
Middle School
Assisted the school district by performing forensic analysis of the structural defects in a new school, determined the cost to repair, provided causation and entitlement to damages, and assisted in settlement negotiations.
Middle School
Assisted two subcontractors in a construction defect dispute with the school district. Established causation and entitlement to damages, provided claims analysis, determined cost to repair, and prepared an expert report.
Military Housing Privatization
Analyzed construction costs and provided an independent verification of completion costs for construction work associated with multiple military housing privatization projects throughout the United States. Evaluated actual value and status of completion of each housing development, estimated final cost to complete, and determined status relative to both completed and unfinished buildings. Presented analyses in an expert report.
Modular Home Community
Assisted the developer of a modular home community with a forensic analysis of the construction of the community’s homes. The analysis included determining the cause of construction defects in the modular homes, and establishing entitlement to the resultant damages. Assisted the developer with a project continuation plan.
Multiple Wastewater Treatment Plants
Assisted the purchaser of a construction company by evaluating the construction progress of various water and wastewater treatment plants. The evaluation included cost to complete analyses for the various facilities, assessment of the outstanding liability, research and review of contractor invoicing and schedules to complete, analysis of existing and unapproved change orders, and evaluation of internal documentation regarding disputes with the owners/sellers. Provided analyses in an expert report.
Natural Gas Pipeline
On behalf of the owner, evaluated the contractor’s claim for increased cost on a new 23-mile, 24-inch natural gas pipeline. Analyzed the contractor’s actual productivity compared to its planned productivity, then utilized actual productivity to reduce claimed cost overruns due to pipe availability. Performed analysis that resulted in a reduction of actual payment for claimed work that was not completed. Established entitlement to terminate the contract, and quantified counterclaim for costs for the owner to complete the terminated contract. Further evaluated and provided a rebuttal of contractor’s expert’s report. Provided expert report and testimony.
Natural Gas Pipeline
Assisted the owner of a 54-mile, 10-inch natural gas pipeline in a matter regarding the contractor’s claimed extra costs for construction. The evaluation involved determining if different pipe lengths caused the contractor extra work, determining if differing site conditions occurred that required additional directional drilling, and evaluating the requirement for the contractor to notify the owner of extra work and not performing extra work without owner’s prior approval.
Office Building Remodel
Assisted the general contractor with claim preparation for additional costs and delays due to the owner’s disruption. Performed a CPM schedule analysis to determine and quantify delays. Issues evaluated include late changes, late change order approval, and assessment of liquidated damages.
Office Building Remodel
Assisted the owner in disputing a claim prepared by the general contractor and subcontractor for additional costs, delays, and disruptions. Performed a CPM schedule delay analysis. Issues evaluated include defective work, late construction, and disputed extra work. Prepared an expert report and testified in an arbitration.
Offshore Oil Drilling Platform
Assisted a contractor in a request for equitable adjustment for an offshore oil drilling platform construction project in Texas by performing a schedule analysis for a time extension. Provided a labor productivity analysis, and analyzed support for acceleration, trade interference, out-of-sequence work, and crew overcrowding. Assisted the contractor in settlement negotiations.
Oilwell Drilling Site Sanitary Sewer System Improvements
Assisted an engineer in a dispute with the owner regarding the accuracy of the design of a sanitary sewer system. Provided a claim rebuttal disputing the owner’s assessment of damages against the engineer, and demonstrated the accuracy of the design during testimony.
Pipeline Rupture at a River Crossing
Assisted the owner of a 20-inch crude oil pipeline that ruptured at a river crossing during an extraordinary flooding event. Evaluated the pipeline for proper construction; analyzed the size and intensity of the flooding event to determine if the pipeline owner’s preparedness for, and actions following, the rupture event were appropriate; and evaluated the owner’s maintenance activities prior to the event. Presented analyses in an expert report.
Port Authority Pier Repair
Assisted the contractor in a dispute with the owner regarding differing site conditions. Performed a contract review; conducted a comprehensive schedule analysis; quantified damages for delays and disruptions; and demonstrated entitlement to damages for extra work, delays, and disruptions.
Power Plant Coal Dust Bagging Plant
Assisted the owner of the power plant regarding a claim from the design/builder that the owner failed to follow proper procedures for contract management. The principal issues addressed include whether the project was properly advertised, and whether the design/builder’s subcontractor became a second independent contractor to the owner. Analyzed the validity of the contractor’s claims that it was actually acting as a construction manager and not the general contractor, and that the owner failed to properly notify the contractor of a change in the contract requirements. The evaluation included review and analysis of the state government code for awarding contracts, review of the owner’s request for proposal process, evaluation of the owner’s procurement process, and analysis of the design/builder’s project records and project documentation.
Power Shovel Rehabilitation
Assisted a contractor with a request for equitable adjustment for a power shovel rehabilitation project in Canada. Performed a CPM schedule analysis for time extension; provided a labor productivity analysis; and analyzed support for acceleration, trade interference, out-of-sequence work, and effects of extra work.
Private Mini Storage Facilities
Assisted the general contractor in a dispute with the owner regarding construction defects. Performed forensic analysis to determine the structural stability of the buildings, determined the cause of the damage, evaluated project plans and specifications, and provided expert testimony.
Private Mini Storage Facilities
Performed a forensic analysis for the general contractor to evaluate the integrity and durability of various buildings, and determine the extent of damage and costs to repair. Established entitlement to damages and developed a counterclaim for owner disruption.
Public Library Construction
Assisted with claim preparation for a general contractor in a dispute with its insurance carrier on a builder’s risk claim. Performed a CPM schedule analysis and quantification of damages. Prepared claim and developed a position statement.
Refinery Boiler Rebuild
Evaluated contractor termination issues, including late and defective engineering, shop fabrication errors, deficient material controls, defective project schedules, quality control problems, insufficient field supervision, and excessive personnel turnover. Evaluated project schedules and identified defective and incomplete project schedule updates. Quantified damages including the cost to complete the project with replacement contractors. Presented findings and conclusions in an expert report used for negotiation and settlement purposes.
Repair to Fiber Optic Cabling Damaged by Construction
Assisted the owner of fiber optic cabling in seeking damages for repair to its cabling system damaged during construction of a storm sewer line. Evaluated contractor’s pre-excavation activities and preparation to safely and adequately begin construction of the storm sewer line. Evaluated entitlement to and quantified amount of damages that resulted from contractor’s lack of proper preparation and unauthorized re-location of storm sewer pipe into area demarcating cable location.
Retail Store
Assisted the general contractor in a dispute with the owner regarding lack of payment for extra work, the owner’s refusal to issue change orders, and withholding the final payment and retainage. Established causation and entitlement to reimbursement for extra work. Established entitlement to damages and liquidated damages. Provided an expert report and testified in an arbitration.
Rubber Plant Expansion
Assisted a subcontractor with a request for equitable adjustment on a manufacturing plant expansion project. Performed a CPM schedule analysis for a time extension; conducted a labor productivity analysis; and analyzed support for acceleration, trade interference, out-of-sequence work, and crew overcrowding.
School District Food Services Building
Assisted the school district in a dispute with the project management team regarding construction of a food services building. Performed claims analysis, established causation and entitlement to damages, prepared an expert report, and provided expert testimony.
Ship Channel Dredging Project
Assisted the general contractor in a dispute with the owner regarding subsurface (latent) physical conditions that differed from the contract. Evaluated the contractor’s initial hydrographic and topographic information and compared to the original data. Evaluated changes in the means and methods required to respond to different subaqueous subgrade conditions, and quantified additional costs required to perform the work. Provided an expert report.
State Highway Project
Assisted the contractor in a dispute with a state transportation department. Analyzed drawings, performed a CPM schedule analysis, researched inspection interference issue, and evaluated owner’s disruption of contractor’s means and methods. Established entitlement to damages and a schedule extension.
State Highway Project
Assisted the contractor in a dispute with a state transportation department regarding differing site conditions and improper site management. Performed a CPM schedule analysis, analyzed project documentation, quantified damages, and established entitlement to damages and a schedule extension. Testified in a hearing with state highway officials to resolve the matter.
State Highway Project
Assisted the contractor in a dispute with a state transportation department regarding rejection of site base material, which resulted in excessive costs to the contractor. Reviewed project specifications, researched and evaluated contractor’s means and methods of crushing site material, and validated that rejected site material was within the project’s specified sizes and gradations. Testified at a state hearing on behalf of the contractor.
State Highway Project
Assisted a contractor in a dispute with the bonding insurer of a prior contractor, whose poorly performed work delayed and disrupted the subsequent contractor’s work. The second contractor experienced excessive expenditures due to the project delay and repairing the first contractor’s defective work. The evaluation of the damages included performing a CPM schedule analysis, labor productivity analysis, and delay and disruption analysis; establishing entitlement to damages; and quantifying damages. Prepared an expert report summarizing conclusions and opinions, and provided expert testimony.
State Office Building Remodel
Assisted the general contractor with project oversight, change order management, and project completion. Analyzed and quantified additional costs, delays, and disruptions due to the owner’s mismanagement. Established causation and entitlement to damages regarding loss of productivity and project disruption, and prepared the contractor’s claim package.
Union Association Building
Established causation and entitlement to damages to assist the general contractor in a matter regarding concrete defects in a building slab.
University Alumni Athletic Center
Assisted the contractor in disputing the subcontractor’s claim for additional costs, delays, and disruptions. Performed a CPM schedule analysis for delays, and quantified damages. Issues evaluated include defective work, late construction, and disputed extra work. Presented analyses in an expert report and testified in arbitration.
University Basketball Arena
Assisted the general contractor in a dispute with the insurance carrier over a builder’s risk claim. Performed a CPM schedule analysis and quantified damages. Prepared claim and developed a position statement. Provided an expert opinion and testimony in arbitration.
University Basketball Arena
Assisted a subcontractor in a dispute with the general contractor regarding project disruptions and project acceleration. Performed a CPM schedule analysis, and quantified damages related to loss of labor productivity, stacking of trades due to out-of-sequence work, reassignment of manpower, and dilution of supervision. Established causation and entitlement to damages. Prepared an expert report and testified in arbitration.
University Chemistry Building
Assisted the mechanical contractor with project oversight, change order management, and project completion. Analyzed, quantified, and prepared a contractor’s claim package for additional costs, delays, and disruptions due to differing site conditions. Performed a labor productivity analysis, and established causation and entitlement to damages regarding loss of productivity and project disruption.