Dispute Resolution SOCOTEC

Alan NAGORZANSKI

Alan Nagorzanski Dispute Resolution

Dispute Resolution Expert

Alan NAGORZANSKI

ABOUT

Mr. Nagorzanski has over 30 years of consulting experience in matters involving financial, accounting, economic, construction, scheduling, and statistical issues. The types of matters Mr. Nagorzanski has been retained to provide expert services include intellectual property, construction claims, business valuations, securities disputes, statistical analyses, troubled loan restructurings, breach of contract, fraud investigation, lost profits, and bankruptcy.

 

Mr. Nagorzanski has substantial experience in developing, analyzing, and defending against complex financial, accounting, economic, and statistical models in business litigation matters. He has worked for contractors, owners, lenders, manufacturers, design professionals, and sureties in the calculation of costs-to-complete projects and the assessment of the time required to complete troubled projects. He has analyzed and calculated the impact of delay, disruption, and acceleration events. Mr. Nagorzanski has performed investigations of contractors to determine financial status, profitability, ability to perform, the effectiveness of controls, and use of contract funds. He has worked with project management, owners, and sureties in identifying and assigning costs to design defects, construction changes, bid errors, deficient construction management, fraud, productivity impacts, and schedule changes. He has developed financial models to calculate and monitor the costs of various claim items and areas of work. He has assisted sureties in performing the required investigations and analyses necessary to make critical decisions related to performance and payment bond claims, defaults and terminations, and decisions concerning the continuation of the bonding relationship.

 

Mr. Nagorzanski has provided expert testimony in State and Federal courts as well as in arbitration. He has provided training and acted as a conference instructor related to the topics of construction scheduling, investigative and financial accounting, valuation, construction claims, and other damage issues.

ABOUT

Mr. Nagorzanski has over 30 years of consulting experience in matters involving financial, accounting, economic, construction, scheduling, and statistical issues. The types of matters Mr. Nagorzanski has been retained to provide expert services include intellectual property, construction claims, business valuations, securities disputes, statistical analyses, troubled loan restructurings, breach of contract, fraud investigation, lost profits, and bankruptcy.

 

Mr. Nagorzanski has substantial experience in developing, analyzing, and defending against complex financial, accounting, economic, and statistical models in business litigation matters. He has worked for contractors, owners, lenders, manufacturers, design professionals, and sureties in the calculation of costs-to-complete projects and the assessment of the time required to complete troubled projects. He has analyzed and calculated the impact of delay, disruption, and acceleration events. Mr. Nagorzanski has performed investigations of contractors to determine financial status, profitability, ability to perform, the effectiveness of controls, and use of contract funds. He has worked with project management, owners, and sureties in identifying and assigning costs to design defects, construction changes, bid errors, deficient construction management, fraud, productivity impacts, and schedule changes. He has developed financial models to calculate and monitor the costs of various claim items and areas of work. He has assisted sureties in performing the required investigations and analyses necessary to make critical decisions related to performance and payment bond claims, defaults and terminations, and decisions concerning the continuation of the bonding relationship.

 

Mr. Nagorzanski has provided expert testimony in State and Federal courts as well as in arbitration. He has provided training and acted as a conference instructor related to the topics of construction scheduling, investigative and financial accounting, valuation, construction claims, and other damage issues.

Professional Experience & Qualifications

15+ YEARS WITH FIRM | 30+ YEARS IN INDUSTRY

SOCOTEC
2022 – Present | Senior Principal

Veritas Advisory Group - a SOCOTEC Company
2003 – 2021 | Vice President

Peterson Barrington Consulting (A unit of Navigant Consulting, Inc.)
1990 - 2003 | Principal

Peterson & Co. Consulting
1988-1990 | Senior Consultant

Sargent & Lundy Engineers
1982-1987 | Mechanical Project Engineer

  • Master of Business Administration, Finance - University of Chicago 1988
  • Bachelor of Science Mechanical, Engineering - University of Notre Dame 1982

  • Certified Management Accountant
  • Professional Engineer in Texas
  • Institute of Management Accountants

  • Bradford L. Bright, Alan F. Nagorzanski, and David F. Sweeney, Critical Path Method Scheduling And Its Use In Supporting Construction Claims, (The University of Texas School of Law, 7th Annual Construction Law Conference, 1994).
  • Brandi N. Kleinman, Steven J. Kmieciak, Alan F. Nagorzanski, Rodney W. Sowards, and Daniel P. Wierzba. 2010. “Accounting Issues in Fraud Investigations.” In Construction Accounting: A Guide for Attorneys and Other Professionals, ed. Patrick A. McGeehin, Edward G. Benes, Patrick J. Greene,Jr., and Wm. Cary Wright, 281-304. Chicago: ABA Publishing.
  • Alan F. Nagorzanski, John L. Bailey, and James E. West. 2010. Using Scheduling Consultants and Analyzing Default Schedule Delays. Surety& Fidelity Claims Institute Newsletter22:8-15.
  • Bob Meynardieand Alan F. Nagorzanski. “The Use of Open Book Accounting in Cost Reimbursable Contracts.” Paper presented at the 2012 American Bar Association Midwinter Meeting, Houston, Texas, February 2-3, 2012.
  • Alan F. Nagorzanski, “ ‘General Conditions’: Necessary Project Costs or Hidden Profit Centers?” (paper presented at the Florida Bar 6thAnnual Construction Law Institute, Naples, Florida, March 9, 2013).

Expert Accordion Background

REPRESENTATIVE PROJECTS

 

Expert Witness Testimony

-In Re: Instituto Medico Del Norte, Inc.United States Bankruptcy CourtDistrict of Puerto Rico

-Russell Henderson, et al., v. Scientific-Atlanta, Inc.United States District CourtNorthern District of Georgia -Atlanta Division

-Forest Electric Corp. v. HCB Contractors, et al. United States District CourtEastern District of Pennsylvania

-The W. B. Moore Company v. The Federal Reserve Bank of Dallas v. Austin Commercial, Inc.United States District CourtNorthern District of Texas -Dallas Division

-Appeal of S. A. Healy Company under Contract No. C-93000162Dallas Area Rapid TransitBoard of Contract Appeals

-Innovative Business Systems Ltd. et al. v. Westinghouse Electric Corp. et al.District Court of Dallas County, Texas

-H&G/Heard and Angiel Electrical Construction Corp. v. Huber, Hunt & Nichols, Inc.District Court of Dallas County, Texas

-State of Ohio, Ex Rel. Betty D. Montgomery, Attorney General of Ohio v. The Gilbane Building CompanyUnited States District CourtSouthern District of Ohio -Eastern Division

-Armstrong/DiCarlo General Contractors v. Renaissance at Norman, L.L.C.District Court of Cleveland County, OklahomaArbitration

-O’Brien & Gere Technical Services, Inc. v. The Fru-Con/Fluor Daniel Joint Venture, et al., v. Reliance Insurance CompanyUnited States District CourtEastern District of Missouri -Eastern Division

-The Fidelity & Deposit Company of Maryland and Colonial American Casualty & Surety Company v. Sedona Contracting,Inc., Genz Electric, Inc., Hector J. Trinidad and Monique TrinidadUnited States District CourtWestern District of Texas -San Antonio Division

-Mills Electric and BerschauerPhillips Construction Company Arbitration Seattle, WashingtonArbitration

-Colson & Colson General Contractor, Inc. and White Rock Trail Residence, L.P. v. Raymond L. Goodson, Jr., Inc.District Court of Dallas County, Texas

-Natkin Contracting v. Zachry Construction CorporationSan Antonio, TexasArbitration

-Electric Machinery Enterprises, Inc. v. Hunt Construction Group, Inc., et al. United States Bankruptcy CourtMiddle District of Florida

-Southeast Wisconsin Professional Baseball Park District v.Mitsubishi Heavy Industries American, Inc., et al. Milwaukee County Circuit Court, Wisconsin

-City of Richardson v. RTKL Associates, Inc.District Court of Dallas County, Texas

-Novi Promenade Associates Limited Partnership and Landon Development Corporation v. Target CorporationUnited States District CourtEastern Division of Michigan -Southern Division

-Bencor Corporation of America Foundation Specialist v. Manhattan ConstructionCompany, Inc. v. Austin Commercial, Inc. United States District CourtNorthern District of Texas -Dallas Division

-John J. Kirlin, Inc. v. TAC Americas, Inc., et al.United States District CourtDistrict of Maryland -Southern Division

-R.E.K. Quality Drywall, LLC. v. Pacific West Construction, Inc.,and National Surety Corporation v. Assurance Company of AmericaDistrict Court of Blaine County, Idaho

-Hewlett-Packard Development Company, L.P., Hewlett-Packard Company, and Compaq Trademark B.V.v. Midwest Information Technology Group, Inc. and Michael LauberUnited States District CourtCentral District of Illinois -Springfield Division

-Hunt Construction Group, Inc. v. Allianz Global Risks U.S. Insurance Company United States District CourtSouthern District of Indiana –Indianapolis Division

-Natico Interests, L.P., et al. v. Advanced Laser Clinic, Inc. et al.District Court of Dallas County, Texas

-WRR Industries, Inc. v. Prologis, HBP-Aerodyne, LLC, and Aerodyne CorporationUnited States District CourtNorthern District of Texas –Dallas Division

-The Weitz Company, L.L.C. v. Lloyd’s of London, et al.United States District CourtSouthern District ofIowa –Central Division

-Tribble & Stephens, Co., Pollock Summit Electric, L.P., et al.v. St. Paul Fire and Marine Insurance Co.United States District CourtSouthern District of Texas –Houston Division

-TransfirstHoldings, Inc., et al. v. Andrew M. Phillips, et al.United States District CourtNorthern District of Texas –Dallas Division

-Hunt Construction Group, Inc., The Clark Construction Group, Inc., and Construct Two Construction Managers, Inc., A Joint Venture v. Orange County, Florida v. Zurich American Insurance CompanyCircuit Court of the Ninth Judicial CircuitOrange County, Florida

-Southwest Legacy, fka San Diego Sheet Metal Works v. Environmental Interiors, Inc.United States District CourtWestern District of Washington –SeattleArbitration

-Federal Land Bank Association of South Alabama, FLCA v. H&H Worldwide Financial Service, Inc., et al.United States District Court Southern District of Texas –Houston Division

-Remedial Construction Services, L.P.v. Kaiser Aluminum & Chemical Corporation295thJudicial District Court of Harris County, TexasArbitration -Case No. 2007 11040

-Form Works, Inc. v. PavariniConstruction Co. (SE), Inc. & Travelers Casualty SuretyCompany of AmericaCircuit Court of the 11thJudicial Circuit for Miami-Dade County, FloridaGeneral Jurisdiction Division

-Pepper Construction Company v. Palmolive Tower Condominiums, LLCChicago,IllinoisArbitration –Case No. 51 110 Y00425 07

-Casey Industrial, Inc. v. The City of San Antonio, Texas, acting through The City of Public Service Board of San Antonio, Texas408thJudicial DistrictCourt of Bexar County, Texas

-Securlock at Bedford. Ltd. v. Pasquinelli Portrait Homes –Durango Ridge, LP, et al.96thJudicial District Court of Tarrant County, Texas

-Dragon Fish, LLC dba Motif Modern Living, et al. v. Santikos Legacy, Ltd., et al.73rdJudicial District Court of Bexar County,Texas

-MACTEC Development Corp. v. Ericsson, Inc.Dallas, Texas Arbitration –Case No.71 110Y 0011809

-Flint Energy Services, Inc. v. Tres Palacios Gas Storage, LLC, et al.130thJudicial District Court of Matagorda County, Texas

-Layton Construction Co., Inc. v. Barclays Capital Real Estate Inc., et al.District Court, County of Eagle, ColoradoCase No. 09 CV 606

-American Home Assurance Company v. Peninsula II Developers, Inc., et al. v. Westchester Fire Insurance Company, et al.United States District Court for the Southern District of FloridaNo. 09-CIV-23691

-W.G. Yates & Sons Construction Companyv. Holly Hill I Associates, Ltd.7thJudicial Circuit of Volusia County, FloridaCase No. 2009-30914 CICI consolidated with Case No. 2009-31403 CICI

-Illinois River Energy, LLC v. Fagen, Inc., et al.15thJudicial Circuit Court of Ogle County, IllinoisCase No. 2009-L-15

-United States of America, for the use and benefit of Robert Milbank, Jr. as Chapter 7 Trustee for Bankruptcy Estate of Modular Structures International, Inc. v. Alutiiq International Solutions, LLC, an Alaska limited liability company; Safeco Insurance Company of America, a Washington CorporationSeattle, Washington Arbitration

-Flexible Innovations Ltd., a Texas Limited Partnership v. IdeaMax, a California General Partnership, Eugene Lee, and Aekyung LeeThe United States District Court for the Northern District of Texas, Fort Worth DivisionCase No. 4:12-cv-00856-A

-Peninsula II Developers, Inc. v. Gryphon Construction, LLC and Skyline Systems, Inc.The Circuit Court of the Eleventh Judicial District in and for Miami-Dade County, FloridaCase No. 2011-16038 CA 31

-North American Specialty Insurance Company, as assignee of B&T Construction, Inc. d/b/a Harglo Construction, a Michigan Corporation v. Marquette Township, a Michigan municipal corporationIn the Circuit Court for the County of MarquetteFile No. 11-49537-CK

-Standard Constructors, Inc. v. MAPPConstruction, LLCBefore the American Arbitration Association Houston, TexasNo. 70 110 Y 00291 12

-Prism Response, Inc., a Delaware Corporation v. Remedial Construction Services, L.P., d/b/a Recon, a Texas Limited PartnershipAmerican Arbitration Association Commercial ArbitrationNo. 70-192-Y-00283-13

-Dynatec Madagascar S. A. v. Daewoo International Corporation, Keangnam Enterprise, Ltd., Hyundai Engineering Co. Ltd., and the DKH ConsortiumInternational Court of Arbitration Case No. 18655/FM/MHM

-Frank Dale Construction, Ltd. v. Castle Hills Village Shops, LLC, Bright Realty, LLC and CHGC, LLCAmerican Arbitration AssociationCase No. 71 110Y 00120 14

-Layton Construction Co., Inc. v. Barclays Capital Real Estate Inc., et al.District Court, County of Eagle, ColoradoCase No. 09CV100606; 09CV200606; 09CV300606

-West Coast Energy Inc. v. CH2M Hill Energy Canada, Ltd., Aker Solutions Oilfield Services Canada, Inc., Aker Solutions ASA and MaXfield, Inc.UNCITRAL Arbitration

-Strong Structural Steel, Ltd. v. Satterfield & Pontikes Construction, Inc., Peter J. Holland, Charles T. Fote, Jr. and Laura T. PontikesAmerican Arbitration AssociationCase No. 70-20-1400-0130

-Sun SCP Investment Company, LLC v. W/B General Contractors, LLCIn the District Court of Dallas County, Texas (E-101stJudicial District)Cause No. DC-13-06147

-Beard Process Solutions, Inc. v. Brandt Industrial, LLC and The Brandt Companies, LLC v. Beard Process Solutions, Inc., Beard Integrated Systems, Inc.,and Beard Mechanical Contractors, Inc.District Court of Dallas County, Texas14thJudicial DistrictCause No. DC-14-13334

-DPJJ,LLC d/b/a Wireless Services v. International Business Machines CorporationIn the United States District Court for the Southern District of TexasCase No. 4:16-cv-00260

-MAPP Construction, LLC v. Heartis Cypress Partners, et al.American Arbitration AssociationCase No. 01-15-0004-2565

-Galaxy Builders, Ltd. v. Waters at Willow Run, LPAmerican Arbitration AssociationCase No. 01-15-0003-4426

-VoestalpineTexas LLC v. Bilfinger Westcon, Inc. In the International Court of Arbitration International Chamber of Commerce Case No. 21873/RD

-The Weitz Company, LLC v. M&DK Contractors, Inc. Arbitration before JAMS JAMS No. 1440005345

-Commercial Painting Company, Inc. v. The Weitz Company, Inc., et al.In the Chancery Court of Tennessee for the Thirtieth Judicial District at MemphisCase No. CH-06-1573

-Yuanda USA Corporation v. McHugh Clark, A Joint VentureAmerican Arbitration AssociationCaseNo. 01-17-0004-2832

-ADVATECH, LLC v. Illinois Power Generating Company American Arbitration AssociationCase No. 01-17-0001-5690

-Baron Real Property Holdings LLC and TSquare Apts LLCv.AMLI/BPMT Towne Square Partnership, AMLI Residential Properties, L.P., AMLI Residential Partners LLC, and AMLI Management Company295thJudicial District Court of Harris County, Texas Case No. 2017-24217

-Pepper Construction Company, v. Palmolive Tower Condominiums, LLC, et al.,Bourbon Marble, Inc., v. Pepper Construction Company, et al., In The Circuit of Cook County, Illinois;County Department –Chancery Division;Mechanics Lien SectionCase No. 07 CH 14994

-White Lodging Services Corporation; and Wesaus, LLC v. Liberty Mutual Fire Insurance CompanyUnited States District CourtWestern District of Texas -Austin Division Civil Action No. 1:17-cv-00277-SS

-Trane US Inc. v. Texas Furnace, LLC a/k/a Texas Furnace Company, LLC, et al.In the District Court for the Southern District of Texas Houston Division Case No. 4:17-cv-02532

-Lakefront Trail Rockwall Hotel, L.P. v Albertelli Construction, Inc.; David Albertelli, Individually; Diversified Steel and Supply, LLC; Diversified Stone Exteriors, LLC; United Electrical and Automation LLCIn the District Court 382nd Judicial District Rockwall, County, Texas Case No. 1-17-0359

-Alberici Constructors, Inc., a Missouri corporation, doing business as Hillsdale Fabricators, v. Hunt Construction Group, Inc., South Florida Stadium, LLC, and Thornton Tomasetti, Inc.United States District Court Southern District of FloridaCase No. 1:16-cv-24400-RMS

-Synergy Construction, Inc. v. Core Campus Seattle, LLCAmerican Arbitration AssociationCase No. 01-18-0001-2160

-AP Gulf States, Inc., v. Coryell Memorial Healthcare SystemAmerican Arbitration Association Case No. 2-18-004-0438

-FZ WLRW, LLC v. Centurion American Development Group, LLC, MRW Investors, LLC, LLSF, LLC, Flomo Westlake, LLC, A&J Capital Investments, Inc., Henry Global Consulting, LLC, and Mehrdad Moayedi v. Mehrdad Moayedi and LLSF, LLC v. Frank Zaccanelli, Jr., In the District of Court of 342ndJudicial District, Tarrant County, Texas Cause No. 342-302221-18

-Astaldi Canada Inc. and Muskrat Falls Corporation Arbitration under the Arbitration Act RSNL1990 Chapter A-14Agreement No. CH0007-0001

-Skanska USA Building Inc., a Delaware Corporation, v. 1200 Howell Street, LLC, a Washington Limited Liability Company v. Fidelity & Deposit Company of Mayland, an Illinois Insurance CompanyIn The Superior Court of The State of Washington in and for the County of KingCase No. 20-2-02996-3 SEA

-Manhattan Hunt A Joint Venture’s ComplaintBefore the Armed Services Board of Contract AppealsUnder Contract No. N40080-13-C-0151ASBCA No. 62168

-Weber, Inc., v. Miranda Electric, Inc., American Arbitration Association Case No. 01/20-0015-3286

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