Dispute Resolution SOCOTEC

Phil HELMES

Phil-Helmes

Dispute Resolution & Project Advisory Expert

Phil HELMES

ABOUT

Mr. Helmes has over 40 years of practical project management experience. He has performed over 280 independent analyses and evaluations on project types and issues ranging from mid- sized private initiatives to complex multi-billion-dollar capital project engagements, acting as design engineer, contractor, independent project inspector, owner’s representative and developer.

His project forensic analysis services span all stages of project development, from preliminary planning through final closeout. They include:

  • Root Cause and Investigative Analysis
  • Project Management Assessments
  • Scheduling and Productivity Analysis
  • Cost Estimating and Damage Analysis
  • Technical Expertise—Civil, Structural, Construction and Permitting

Facilities and structures where Phil has applied his expertise include:

  • Commercial & Residential Structures: hospitals, hotels, laboratories, museums, schools, sports and recreational arenas, and high-rise structures
  • Manufacturing and Processing Facilities: LNG, upstream oil and gas, and floating production storage and offloading vessels
  • Energy-Related Facilities: coal, co-generation, fuel cell, LNG, oil and gas, and nuclear production facilities
  • Transportation Facilities and Structures: airports, bridges, canals, earthworks, highways, marine wharfs and pipelines,  rail, underground pipelines, and tunnels
  • Wastewater and Water Treatment Facilities and Related Pipelines and Ancillary Structures

Additionally, Phil provides expert witness testimony in the areas of project management, schedule delay, productivity losses, project management standard of care, and damages. Testimony settings include depositions, mediations, arbitrations, hearings, and trials. In addition, he is adept at identifying and managing technical experts, developing trial exhibits, and providing consulting support in engineering, construction, and real estate developments.

ABOUT

Mr. Helmes has over 40 years of practical project management experience. He has performed over 280 independent analyses and evaluations on project types and issues ranging from mid- sized private initiatives to complex multi-billion-dollar capital project engagements, acting as design engineer, contractor, independent project inspector, owner’s representative and developer.

His project forensic analysis services span all stages of project development, from preliminary planning through final closeout. They include:

  • Root Cause and Investigative Analysis
  • Project Management Assessments
  • Scheduling and Productivity Analysis
  • Cost Estimating and Damage Analysis
  • Technical Expertise—Civil, Structural, Construction and Permitting

Facilities and structures where Phil has applied his expertise include:

  • Commercial & Residential Structures: hospitals, hotels, laboratories, museums, schools, sports and recreational arenas, and high-rise structures
  • Manufacturing and Processing Facilities: LNG, upstream oil and gas, and floating production storage and offloading vessels
  • Energy-Related Facilities: coal, co-generation, fuel cell, LNG, oil and gas, and nuclear production facilities
  • Transportation Facilities and Structures: airports, bridges, canals, earthworks, highways, marine wharfs and pipelines,  rail, underground pipelines, and tunnels
  • Wastewater and Water Treatment Facilities and Related Pipelines and Ancillary Structures

Additionally, Phil provides expert witness testimony in the areas of project management, schedule delay, productivity losses, project management standard of care, and damages. Testimony settings include depositions, mediations, arbitrations, hearings, and trials. In addition, he is adept at identifying and managing technical experts, developing trial exhibits, and providing consulting support in engineering, construction, and real estate developments.

Professional Experience & Qualifications

10+ Years with Firm | 10+ Years in Industry

SOCOTEC
2022 - Present | Senior Principal

Helmes & Co. a SOCOTEC Company
2008 - 2021 | Owner & Founder

  • Master of Business Administration - University of Connecticut
  • Bachelor of Science in Civil and Structural Engineering - Syracuse University

  • Professional Engineer in:
    • CT, FL, LA, MA, MD, NJ, NY, SC, OH, WA, WY

  • American Society of Civil Engineers (ASCE)
  • Boston Society of Civil Engineers (BSCE)
  • MOLES 20 Year Member

  • Helmes, P., Crow, D., Long, C., “Rules of Engagement: Effective Construction Scheduling,” DRI for the Defense, March 2016.
  • Helmes, P., Bhagnani, K., Lee, S., Peña-Mora “Proactive Coordination to Reduce Structural Steel Delays,”
  • ASCE Construction Research Congress, Bahamas, ASCE, 2007.
  • Guest Lectured at MIT, University of Michigan and University of Illinois

Expert Accordion Background

REPRESENTATIVE PROJECTS

PROJECT FORENSIC ANALYSIS

Project forensic analysis and subsequent opinions are based on a root-cause examination and relate generally to project- management performance, decision making, internal cost controls, delay and inefficiency impacts, the quality of and

deficiencies in construction, and deficiencies in design. In these matters, expert testimony was provided through deposition

or at mediation, arbitration, hearing or trial. Assignments have included technical evaluations associated with differing site conditions, architectural/engineering errors and omission, contractor coordination obligations and project-administration activities.

Representative Projects

  • Central Artery/Tunnel Project/Insurers v. Jacobs, Boston, MA

Assessed a settlement analysis regarding the professional standard of care by an engineer’s design of a portion of the central artery/tunnel.

  • Cleveland I-90 Innerbelt Bridge Project, Cleveland, OH

Assessed an errors and omissions claim against the designer on a phase of a multi-billion-dollar heavy civil project.

  • I-26 Widening and Rehabilitation Project, Lexington and Calhoun Counties, SC Retained by counsel on behalf of the Engineer to assist in the review and analysis of the errors and omissions and schedule impacts being set forth by the Design-Build Contractor. Provided an expert report and testified at deposition. Loop 375 Border Highway West Extension Project, El Paso, TX

Provided schedule analysis and damages valuation services on a new $450 million Design/Build/Maintain highway project. Assessed the performance of the Designer and its effect on disruptions and delays experienced during construction. Pending arbitration.

  • Connecticut Department of Transportation I-84, Cheshire & Waterbury, CT

Provided expert consulting services on a dispute involving the design and construction of the widening of and interchange improvements

to Route I-84 in Cheshire and Waterbury, CT. Testified at mediation.

  • Washington State Department of Transportation I-5 Everett HOV Lanes Design- Build, WA

Assessed the design subconsultant’s professional standard of care on a portion of the bridge-widening work on this $220 million project that involved replacing 23 bridges; improving ramps and exits, lighting and sign surveillance; and installing noise walls and ramp meters.

  • Washington Street Bridge, Town of Boonton and the Township of Parsippany-Troy Hills,

Morris County, NJ

Assessed the validity of design error and omission claims on this bridge-rehabilitation project. Provided an expert report.

  • Deer-Isle-Sedgwick Bridge Painting Project, Hancock County, Sedgwick, ME

Analyzed the merits of a request for equitable adjustment by the contractor on a bridge painting project.

  • Major Interstate Highway Expansion Project, WA Analyzed the merits of a claim on an interstate highway expansion project. Provided an expert report.
  • Shohola-Barryville Bridge Replacement Design-Build, Shohola Township, PA and Barryville, NY

Assessed the design professional’s standard of care on this $10 million project consisting of a new 4-span, steel-welded plate girder bridge and approach roadways.

  • Sikorsky Bridge, Stratford, CT

Assessed the validity of claims made to the designer’s professional liability insurer on a bridge-replacement project.

  • Longfellow Bridge Rehabilitation Project, Boston, MA

Assisted the engineer in the development of a change order to recoup the additional effort expended in the design of the project.

Worked directly with engineer’s staff to better understand the nature of the extended work and assisted in explaining the entitlement to the additional costs to the builder.

  • Cable-Stayed Bridge Project, Puerto Rico Evaluated the acceleration reasonableness of related remedial construction activities and the time-related costs submitted for reimbursement to the insurance company that allegedly stemmed from the collapse of a form traveler during the initial launch procedure of a cable- stayed bridge.
  • FedEx Airbus 380 Shipping Terminal, Memphis, TN

Performed a forensic analysis of the performance of the contractor on the construction of a new shipping terminal.

  • John F. Kennedy International Airport Terminal, New York, NY

Examined the professional services provided by both the design and construction professionals on a new $1.4 billion international airport passenger terminal.

  • Maynard H. Jackson International Terminal, Hartsfield-Jackson Atlanta International Airport, Atlanta, GA

Performed a constructability review and testified at mediation regarding a dispute over the design and construction of this airport terminal.

  • Miami International Airport South Terminal Program-Parsons-Odebrecht JV, Miami, FL Performed a construction responsibility assessment and damage analysis of remedial work associated with floor etching operations that affected the adjacent metal wall surfaces.
  • Taiwan High-Speed Rail, Taiwan

Provided damages valuation services for use in ICC arbitration on a new multi-billion-dollar high-speed rail system in Southeast Asia.

  • Taiwan High-Speed Rail, Taiwan

Provided damages valuation services for use in ICC arbitration on a new multi-billion-dollar high-speed rail system in Southeast Asia.

  • California High-Speed Rail Authority, Design- Build Construction Package 1 Fresno to Madera Project, CA

Assisted the engineer in the development of a fee claim to recoup the additional effort expended in the design of the project.

Worked directly with engineer’s staff to better understand the nature of the extended work and assisted in explaining the entitlement to the additional costs to the builder.

  • US Department of Justice-Amtrak Forensic Investigation

Conducted an analysis for the Department of Justice of allegations of fraud and abuse in a railroad development project.

  • Marblehead Landfill and Transfer Station, Marblehead, MA

Assisted the resident engineer in facilitating the completion of the project by managing relationships with the town and the contractor, investigating the root cause of project issues, and planning and executing solutions to allow the project to complete successfully.

  • Water and Wastewater Treatment, Boston Harbor Project, Boston, MA

Assisted the project/construction manager of the $3.5 billion Boston Harbor Wastewater Treatment facility in a review of construction claims and change orders. For the outside counsel of the owner, Massachusetts Water Resources Authority (MWRA), reviewed claims submitted by both tunnel contractors on the project. Additionally, represented the MWRA in litigation over claims with an aggregate value of

$90 million.

  • Central Tunnel Conveyance Project, King County, WA

Provided litigation support on a large, ongoing, differing-site-conditions $200 million claim.

Reviewed contracts and project documents, and advised owner on claim defense and dispute resolution strategies.

  • City of Houston Sewage Treatment Facility, Houston, TX

Provided dispute-resolution services on a $60 million municipal sewage treatment facility.

  • Metropolitan St. Louis Sewer District Sewage Conveyance Project, St. Louis, MO

Provided expert consulting services and perform a forensic investigation of the performanceof the Engineer and Contractor on $8 million sewage conveyance project. Within a year of the installation of 13,000 linear foot sewerage system, comprised of 36”, 42” and 48” RCP pipe, it experienced numerous pipe joint failures. Provided an expert report, testified at deposition and testified at trial.

  • Detroit Wastewater Treatment Improvement Project, Detroit, MI

Provided dispute-resolution services on a portion of a 500 million wastewater improvement project focusing on delay- associated damages.

  • Jamestown Sewer Project, Jamestown, RI Performed a forensic investigation to determine whether the design engineer adhered to its contractual obligations in the renovation of the town’s wastewater treatment facility. Testified at arbitration.
  • Sweetwater Water Treatment Facility, Spring Valley, CA

Performed a schedule delay and root cause analysis of an installation of a new pipeline project. Provided an expert report, testified at deposition and testified at arbitration.

  • US Department of Justice-Rehabilitation & Expansion of the Cairo Wastewater System, Cairo, Egypt

Conducted a forensic analysis on behalf of the Department of Justice with respect to a bid- rigging scheme on this wastewater project.

  • New York MTA Long Island Rail Road East Side Access, New York, NY

Analyzed the root cause of delays and over

$100 million in cost overruns on a multi-billion- dollar public works project. Defended against claims from the owner that the engineer breached the professional standard of care and caused the delays and cost overruns.

  • Petrobras vs. KBR Brown & Root, FPSO EPC Contract, Brazil

Performed delay analysis of the drivers of the delay associated with the performance of the EPC contractor on this $2.5 Billion off shore floating oil and gas production, storage and offloading facilities. Assignment involved a process analysis and impact analysis along with production deficiencies. A presentation and report was prepared which eventually lead to a settlement.

  • Kendall Cogeneration Station, Cambridge, MA

Performed a root cause analysis associated with the new installation of a Back Pressure Steam Turbine and an Air Cooled Heat Exchanger and associated constraints involving the environmental permits. Utilized technical expertise to perform specialized analysis for rotating equipment elements of the process.

  • BP Canada Energy Company v. CH2M Hill Canada Energy Ltd.—Noel Major Project, British Columbia, Canada

Evaluated construction costs claimed by the owner against the project designer in the design and installation of approximately 210 km of small-diameter pipe for the collection and transportation of natural gas from multiple wells in eastern British Columbia.

  • Brooklyn Navy Yard Cogeneration Plant (BNYCP), Brooklyn, NY

Assisted BNYCP’s counsel in defending the general contractor’s claim after it had been defaulted by BNYCP on the design/build of a 286 MW combined cycle gas-fired cogeneration plant in New York City. Evaluated and updated BNYCP’s counterclaim for back charges and liquidated damages.

  • Cannon Corporation v. ERG Resources LLC, et al./Cat Canyon Oil Field, Santa Barbara, CA

Investigated the root cause of a flare being inadvertently de-rated during permitting and design, resulting in the owner’s being assessed fines for violating the permit.

  • Edson Gas Storage Facility, Edson, Alberta, Canada

Analyzed claims submitted by the owner against the designer regarding the design and construction of a 725 MMSCFD (million

standard cubic feet per day), $93.8 million CAD gas storage facility. Focused on the schedule delay claims and engineering errors and omissions memorialized in field change notices to determine whether the designer satisfied its standard-of-care obligations as outlined in its contract with the owner. Provided an exposure assessment on professional liability and testified at mediation.

  • ExxonMobil Oil Corp, Alameda, CA

Assessed the reasonableness of claimed costs resulting from the failure of a pipeline and the subsequent cleanup effort. Provided an expert report, and testimony at deposition and trial.

  • Fuel Cell Plant, Turlock, CA

Performed a root-cause analysis to identify the reasons a new $11 million, 1.2 MW fuel cell plant failed to operate within the guidelines established by the engineer’s design and specifications. Confirmed the feasibility of the project and that the standard of care had not been breached by the engineer’s design.

  • MAPLE Research Reactors Chalk River Laboratories, Toronto, Ontario, Canada

Performed a root-cause analysis for a significant and complicated dispute between a nuclear facility owner and the designer-builder/operator to identify specific issues related to both performance and technical elements. Provided an expert report.

  • Seward 521 MW (net) Nominal Total Energy Power Plant, Seward, PA

Developed a comprehensive schedule, cost and 

productivity analysis. Provided an expert report and deposition testimony.

  • Petronius Offshore Compliant Tower Project, Gulf of Mexico

Evaluated the accuracy and reasonableness of the adjusted costs for an insured accident.

Ensured the adjustment process was consistent with industry practice. Provided an expert report and testimony at deposition.

  • Chemical Pipeline Jetty Construction, Indian Ocean

Provided a damages assessment and expert report on a $60 million, 2 km, pile-supported jetty in the Indian Ocean constructed to support pipelines carrying liquid chemicals from the onshore processing facility to the offshore mooring station

  • University of Massachusetts Central Heating Plant, Amherst, MA

Assessed code-compliance issues that had negatively affected the cost and schedule of a new central heating plant intended to provide heat and 10 MW of power to a university campus. Identified errors in the engineer’s design and planned equipment layout, which caused construction delays and necessary rework to receive approval from local authorities having jurisdiction. Provided an expert report.

  • Northern States Power Co vs. General Electric Co. Becker, MN

Performed a damages review associated with a failure in the turbine train and testified in deposition as to the economic loss.

  • IPSCO Steel Mill EPC Assessment of Project Management Standard of Care, Axis, AL Performed a root cause analysis on this $240 million steel production facility on behalf

of the insurance company. The evaluation involved process analysis and delay impact analysis related to the performance of the EPC contractor to determine responsibility and corresponding damages.

  • Maricopa County Durango Juvenile Court and Detention Facility, Phoenix, AZ

Assisted counsel in the defense of claims from the general contractor against the design professionals for an alleged breach of professional duties on this new $37 million juvenile court and detention facility project. Analysis included a review of the project documents and the development of defenses for mediation. Provided an expert report and testified at mediation.

  • San Diego Central Library, San Diego, CA

Evaluated the root cause of alleged errors and omissions issues on a new downtown 500,000 sq. ft., 9-story library.

  • San Mateo Youth Services Center, San Mateo County, CA

Assessed the validity of alleged design errors and omissions claims presented by the

designer-builder on a $125 million, 300,000 sq. ft. youth services center project.

  • Seattle Central Library, Seattle, WA

Defended claims from the general contractor against the design professionals for alleged breach of professional duties on a $100 million public library project.

  • Swank Construction v. Town of Yountville/ Yountville Community Center, Yountville, CA

Evaluated whether issues that arose during the structural shop drawing process caused project delays on a new 10,000 sq. ft. community center.

  • 75 Clinton Street—Mixed-Use Building, Brooklyn, NY

Performed a forensic analysis and investigation of 100+-year-old subterranean sidewalk vaults to ascertain whether the building condition survey of a 9-story, mixed-use building correctly denoted the condition as “as-is” at the time of the property’s sale.

  • 195 Hudson v. Lexington—Luxury Condominium Conversion, New York, NY

Performed a forensic investigation to evaluate the performance of the construction manager on a luxury residential condominium conversion.

  • 225 Centre Street—Mixed-Use Development, Jamaica Plain, MA

Performed a review and evaluation of a contractor’s change order requests in

preparation for arbitration against the project developer.

  • Duke v. PSI, et al—Distribution Warehouse Development, Lebanon, TN

Performed a root-cause analysis of the issues experienced in a commercial development consisting of seven distribution-type warehouse buildings and reviewed the associated damages allegedly incurred by the project’s owner.

Prepared an exposure assessment.

  • Gloucester Cooperative Bank, Gloucester, MA

Performed a review of the cost estimates submitted by the designer on a bank renovation project the owner alleged were fraudulent. Provided an expert report and testified at arbitration.

  • EXP US Services, Inc. v. Skidmore, Owings & Merrill, LLP/Qatar Petroleum’s World Headquarters, Doha, Qatar

Performed an evaluation of the architect’s performance regarding alleged add services on the development of a corporate headquarter complex.

  • Luxury Residence Renovation, New York, NY

Assessed the costs incurred by the owner resulting from the termination of the prime contractor during the renovation of a luxury residence. Testified at mediation.

  • Philadelphian Owners Association v. TNT Construction, Inc., et al/The Philadelphian, Philadelphia, PA

Evaluated the engineer’s performance associated with the façade repair of The Philadelphian, a 20-story, 1.1 million sq. ft. condominium building. Provided an expert report.

  • Private Owner Residential Property, New York, NY

Provided litigation support and an expert report regarding alleged unlawful and fraudulent lending and construction activities related to the plaintiff’s residential property.

  • Steamplant Condominium Project, Key West, FL

​​​​​​​Defended an errors and omissions claim alleging that the design necessitated a full roof remediation and evaluated the schedule to determine the root cause of schedule delays. Testified at mediation.

  • Time Warner Center, New York, NY

​​​​​​​Assessed professional negligence and error and omission claims brought by the owner against the mechanical-electrical-plumbing/ fire protection (MEP/FP) engineering and

telecommunications designer of the $1.7 billion Time Warner Center. Testified at mediation.

  • Trolley Square Mixed-Use Development, Cambridge, MA

Performed a schedule analysis to defend claims presented by the contractor regarding the design and construction of a 40-unit mixed-use development. Testified at mediation.

  • Village Brook Apartment Complex, Cincinnati, OH

Provided expert consulting services, including an exposure assessment regarding an errors and omissions claim against the architect in its design of the apartment complex. Testified at mediation.

  • Gaillard Performing Arts Center, Charleston, SC

​​​​​​​Assisted in the review and defense of construction claims documents, including schedule delay, cost overruns, and alleged design errors and omissions in the renovation of an existing historical theatre and office building, and in the construction of a 1,800 seat, perfectly acoustic world-class performance hall with an adjoining 80,000 sq. ft. of office space and 38,000 sq. ft. of exhibit hall space within a demanding time frame. Provided an expert report and testified at deposition.

  • Frost Miami Science Museum, Miami, FL

​​​​​​​On behalf of the Executive Architect and its insurer, we evaluated and defended against claims asserted by the initial construction manager for alleged errors and omissions for a state-of-the-art, world class, multi-use and multi-level 250,000 square foot science and technology museum, planetarium and aquarium. The Owner terminated the initial construction manager for convenience approximately two years into the three year construction phase. The project was complete approximately two years beyond the original project completion dates.

  • Connecticut Science Center, Hartford, CT

​​​​​​​Performed a forensic investigation of approximately $46 million in cost escalation between the architect’s proposal and submission of the construction manager’s GMP for a 154,000 sq. ft., LEED-certified science museum containing both exhibit and educational spaces, and featuring unique architectural elements. Testified at mediation.

  • AC Hotel by Marriott, New Orleans, LA

​​​​​​​Retained by council on behalf of the hotel’s former owner to assist in the review and analysis of the reasonableness and relevancy of remediation repair costs being set forth by the hotel’s current owner. Further, retained to opine on the Standard of Care expected of the Owner and its representatives during the

renovation work performed prior to the sale of the hotel in 2015. Provided an expert report and testified at deposition.

  • Westin Hotel, Austin, TX

Retained by counsel on behalf of the hotel owner and operator to assist in the review and analysis of the schedule impact set forth by the General Contractor. Provided an expert report and testified at deposition.

  • Peabody Essex Museum, Salem, MA

​​​​​​​Analyzed the project schedule and submitted change orders on a $47.5 million museum expansion project. Testified at mediation.

  • Norwood Theatre Renovation, Norwood, MA

​​​​​​​Assessed the accuracy and reasonableness of construction costs presented by the contractor for the renovation of a historic performing arts theater.

  • Case Western Reserve University North Residential Village, Cleveland, OH

​​​​​​​Performed an evaluation of the construction manager’s allegations that it had incurred cost design overruns from schedule delays and acceleration efforts due to errors and omissions by the team and actions of the owner on a $111 million, 414,000 sq. ft. residential village. Testified at mediation.

  • Deerfield Academy Koch Center, Deerfield, MA

Provided expert consulting services, including a schedule analysis and expert report, in the project owner’s case against the construction manager due to alleged delays during the construction of a 78,000 sq. ft. state-of-the-art science building.

  • Lexington County Schools v. HGBD/Meadow Glen Middle School Project, Lexington, SC

Evaluated schedule delays caused by alleged error and omissions on a new 180,000 sq.

ft. educational facility for approximately 800 students.

  • MIT Simmons Undergraduate Residence Hall, Boston, MA

Testified at mediation regarding a dispute involving the design and construction of this residence hall.

  • New York City School Construction Public School 69, New York, NY

Evaluated the performance of the design team and assessed the validity of claims associated with the construction of New York City Public School 69.

  • Sullivan West School District, Jeffersonville, NY

​​​​​​​Assessed the reasonableness and validity of the claims presented by the school district against the architect associated with the termination of a subcontractor on a new high school project. Provided an expert report and deposition testimony.

  • University of California, Berkeley, Stanley Hall, San Francisco, CA

For the insurer providing professional liability coverage to the MEP designer, assessed the merits of the claim asserted by the construction manager and its subcontractors regarding a 290,000 sq. ft. educational facility. Examined the MEP designer’s performance and assessed their exposure. Testified at mediation.

  • University of Pennsylvania, Sansom Common, Philadelphia, PA

Evaluated the validity of the claims against the A/E team; provided an exposure assessment outlining the potential range of damages and the associated strengths and weaknesses of the design team’s case related to a significant amount of mold growth within a new $120 million mixed-use space. Testified at mediation.

  • Albert Einstein College of Medicine Michael F. Price Center, New York, NY

Provided expert consulting services and performed a forensic investigation of the performance of the design team on a new $220 million university hospital research building. Testified at mediation.

  • Dartmouth College, Hanover, NH

​​​​​​​Estimated costs for various repair and replacement scenarios of newly installed ductwork and ventilation systems that were prematurely deteriorating in a college laboratory. Provided an expert report.

  • Elliot Hospital, Manchester, NH

Provided expert consulting services in a dispute over change order amounts on the construction of a new multi-purpose medical facility. Testified at deposition and at mediation.

  • Johns Hopkins University Broadway Research Building, Baltimore, MD

Assessed the validity of the claims presented by the construction manager of a $100 million state-of-the-art medical and animal research facility at a leading US medical teaching and research university. Provided an expert report and testified at deposition.

  • Psychiatric Hospital, Lansing, MI

Performed a forensic investigation to evaluate the performance of the design team in the design and construction of a new inpatient psychiatric hospital. Testified at mediation.

  • Simi Valley Hospital, Simi Valley, CA Assisted counsel in defending claims from the general contractor against the design

professionals for alleged breach of professional duties on a $32 million new patient tower, lobby renovation, and seismic upgrade project. Testified at mediation.

  • West Virginia University Life Sciences Building, Morgantown, WV

Assessed the validity of design-related claims and the performance of the design team on a new $50 million life sciences building. Provided an expert report, and testified at deposition and at mediation.

  • Winnie Palmer Hospital for Women & Babies, Orlando, FL

Performed a root cause and delay analysis, and provided a corresponding expert report and testified at mediation regarding a dispute involving this new $111 million 11-story, 400,000 sq. ft facility.

  • Worcester Medical Center, Worcester, MA

​​​​​​​Performed an errors and omissions analysis on the construction of a new $165 million healthcare center integrating hospital space, a medical office building, an enclosed atrium, a parking lot and garage, and a railroad enclosure.

  • MGM National Harbor Casino, Oxon Hill, MD

​​​​​​​Assisted in the review of and defense against construction claims including schedule delays, cost overruns, and alleged design errors and omissions for a $1.4 billion hotel and casino.

    • Aladdin Resort and Casino, Las Vegas, Nevada

Provided a cost analysis on behalf of a professional services firm for a $450 million hotel and casino.

  • Hotel Development, Tewksbury, MA

​​​​​​​Performed a schedule analysis to determine whether claimed schedule delays impacted the project’s critical path in the construction of a new $3.5 million hotel.

  • Fontainebleau Miami Beach Hotel Renovation, Miami, FL

Performed a root-cause analysis of the delay in the completion of the renovation of an iconic hotel. Provided an expert report.

  • John Deere Waterloo Works Facility, Waterloo, IA

Performed a damages analysis on a manufacturing facility project that experienced a power failure causing a loss of production and requiring repair of the fault.

  • Johnson Matthey, Inc. Pharmaceutical Plant, West Deptford, NJ

Investigated a new bulk pharmaceutical plant project to determine potential exposure to the professional liability insurance carrier for the designer-builder. Testified at mediation.

  • Boston Convention and Exhibition Center, Boston, MA

Defended a $40 million claim presented by the owner against the design team on a $530 million convention center project. Provided an expert report, testified at deposition and testified at mediation.

  • Miami Beach Convention Center Renovation and Expansion Project, Miami Beach, FL

On behalf of the Owner’s Representative and its insurer, we evaluated and defended against claims asserted by the Construction Manager for alleged breach of Owner’s Representative standard of care. The Project was delivered through a Construction Manager At-Risk Agreement for a final GMP in the amount of $493 million. Provided an expert report.

  • Gillette Stadium, Foxboro, MA

Defended claims from the designer-builder against the design professionals for alleged breach of professional duties on a new $300 million NFL stadium.

  • Various Locations, Northeast USA

​​​​​​​Determined the extent of contractor fraud on multiple theater locations. Performed independent cost estimates of the contract and change order work based on the drawings and specifications, and site visits, and compared the  results to the contractor’s scope of work performed to determine fraudulent activities. Provided an expert report.

  • Phoenix Convention Center, Phoenix, AZ

​​​​​​​Assessed the validity of an owner’s claim against the designer for recovery of damages due to cost overruns on a $600 million convention center renovation and expansion project.

  • Toyota Center, Houston, TX

Defended claims from the arena tenant against the design professionals for alleged breach of professional duties on a $200 million NBA arena project.

  • ​​​​​​​Trump National Golf Club, Briarcliff Manor, NY

​​​​​​​Assisted counsel for a resort developer in determining the extent of damages incurred when a site contractor abandoned the project. The analysis included the calculation of direct damages and consequential damages that arose from the delayed opening of the resort as well as the delayed construction and sale of residential homes adjacent to the golf course. Provided an expert report and testified at trial.

  • Bath Iron Works Floating Dry-Dock Marine Facility, Bath, ME

Performed an entitlement and damages assessment of the construction of a $187 million state-of-the-art marine facility. Provided an expert report.

 

Design Engineering

  • Fredric R. Harris Inc. (Currently known as AECOM)

Performed hydrology and hydraulic studies and design, bridge and foundation design, site engineering and drainage.

  • The Helmes Group (Architects, Engineers and Project Management)

Performed site grading, steel design, foundation design and wood design involved with commercial and high-end residential structures. Site-related engineering included soil investigations for septic system design, subdivision design and permitting. Served as engineer in charge. Also performed site observations and payment requisition evaluations and approvals.

Contracting/Construction Management

  • Morrison Knudsen Co (Construction Company)

Performed quantity take-offs and estimating on a hydro-dam structure, 11-mile-long shipping canal and highway work. Assisted in the bid preparation and reconciliation with two other joint venture partners for a 100 million cubic yard canal excavation. Subsequently served as chief cost engineer for Ten-Tom Constructors.

  • Fairchester Builders (Commercial General Contractor)

Served as a project manager responsible for estimating, bidding and managing small commercial and high-end residential projects. Also responsible for direct management of carpenters and laborers.

  • Walsh Construction Company (Construction Management Company)

Served as project engineer for a 1 million sq. ft. engine manufacturing and assembly facility for Caterpillar Tractor Company. Subsequently

served as construction manager for a 1.2 million sq. ft. urban corporate campus with four levels of underground parking. Served as project manager on the closeout of an industrial aircraft paint facility.

  • Helmes & Company (Project Management/ Construction Management)

Performed project management site improvements on three residential sub-divisions. Managed, with an ownership interest in, the construction of two homes, plus managed the construction of a sizable residential project, golf club and museum. Gained hands-on experience with the trades, including grading, paving, drainage, concrete, masonry, demolition and carpentry.

Inspection Services

  • Testwell Craig Laboratories (Testing and Inspection Company)

Served as independent inspector for footing bottom-bearing capacity for foundations, reinforcing steel placement, vibration monitoring, structural steel inspections and soil classifications resulting from boring sampling.

  • Helmes & Company (Engineering and Project Management)

Provided site and building plan reviews. Performed site inspections for general conformance to project documents and to reviewed and certified payment applications. Provided turnaround and advisory services for select projects. Also provided property assessments for private developer’s site conditions, and soils assessments for design and construction considerations.

Program/Project Management

  • Central Artery/Tunnel Project, Boston, MA Consultant Role:

Led a project management review of the $13.8 billion Central Artery/ Tunnel Project in Boston and continued with the highway department for the next 10 years. Performed a range of assignments, including: restructuring of the payment and change order processes, designer audits, schedule analysis and root-cause investigations associated with cost-recovery efforts, development of performance-analysis dashboards for senior management, and independent project status reports.

 

  • Brightwater Treatment Plant and Conveyance Project, Seattle WA

As part of a team, provided independent project-management reviews, including structuring, communications, budgeting and construction management, for Seattle Water and Wastewater Authority, including ongoing oversight for a $1.5 billion new treatment facility and conveyance system.

  • Metropolitan Transportation Authority Project Management Oversight, New York, NY

Provided project-management oversight services for the New York City MTA on its multi- billion-dollar capital program.

  • Federal Transit Administration, DC

Led a five-year assignment with the US Department of Transportation FTA project management oversight division. Evaluations involved the overall structure and reporting of performance by various independent oversight engineering firms across the US.

  • Landbridge Project, Saudi Arabia

Served as pursuit manager for a Kuwait-based project sponsor to manage and assemble a team to pursue a finance-design-build and operate a freight rail system from Jeddah to Riyadh, Saudi Arabia. Managed the entire team of consultants, engineers, contractors and related participants, including setting up a

company structure with a CEO. Project proposal was submitted at $6 billion. A second pursuit for the same sponsor involved assembling a team to develop a significant portion a new Saudi economic city. A third pursuit effort involved a consulting assignment associated with Egypt’s first nuclear power plant, and involved leading and structuring a project-management structure to perform various technical analyses and oversights during construction.

  • New York State Public Service Commission, Albany, NY

Performed a project-management audit on the internal controls for Consolidated Edison Company of New York associated with $5 billion of NYC street utility work occurring over a 9-year period. This audit was prompted by a government investigation of fraud and kickbacks between certain utility company personnel and contractors.

  • Marblehead, MA

Retained by the engineering firm of record to serve as project manager for a $20 million landfill-capping project that included the installation of structures, drainage systems, utilities and roadways. Managed the day-to-day decision-making, including budget and change management.

  • Marblehead, MA

Currently developing, as an equity partner, a 4.5-acre site for an 83,000 sq. ft. assisted living facility. Led and managed the hiring of the design consultants and geotechnical consultants. Project is fully permitted and in the construction planning phase.

  • New York-based clients, NY

Other project-management services include four large residential sub-divisions with associated site-work and a medical facility, and specialized limited-scope assignments related to QAQC audits for a large engineering firm.

Expert Witness

  • Clark Construction Group, LLC v. The City of Miami Beach, Florida and Hill International, Inc.; Case No. 2020-002129-CA-01, In the Circuit Court For The Eleventh Judicial Circuit In and For Miami-Dade County, Florida

Provided expert report, January 2021.

  • HITT Contracting, Inc. v. Glenstone Foundation, Inc.; Case No. 8:18-cv-2691-PX, In the United States District Court for the District of Maryland

Provided expert report, January 2020 and September 2020. Testified by deposition, August 2020 and November 2020.

  • In the confidential matter between Stantec Consulting Services Inc. and Beazley USA, et. al., State of Texas

Provided expert report, July 2020. Testified at arbitration, September 2020.

  • Metropolitan St. Louis Sewer District v. Bilfinger Industrial Service, Inc., et. al.; Cause No. 15SL-CC04421, In the Circuit Court of St. Louis County, State of Missouri

Provided expert report, June 2019. Testified by deposition, June 2019. Testified at trial, December 2019.

  • In the confidential matter between Cotton Exchange Investment Properties, LLC and Commercial Renovation Services, LLC, et. al.; Case No. 01-17-0001-3210, New Orleans, LA.

Provided expert report, July 2019. Testified by deposition, October 2019.

  • Skanska/Trident v. City of Charleston, et. al; Case No. 2016-CP-10-0108, In the Court of Common Pleas Ninth Judicial Circuit, State of South Carolina, County of Charleston

Provided expert report, July 2019.

  • In the confidential matter between Anderson Columbia/Boggs Paving Joint Venture and Michael Baker International, Inc., Lexington and Calhoun Counties, SC

Provided expert report, February 2019. Testified by deposition, April 2019.

 

  • White Lodging Services Corporation and Wesaus, LLC v. Liberty Mutual Fire Insurance Company, Cause No. I: 17-cv-00277; United States District Court, Southern District of Texas, Austin Division

Provided expert report, December 2018. Testified by deposition, February 2019.

  • Suffolk Construction Co., Inc., et. al. v. Rodriguez and Quiroga Architects Chartered, et. al.; Civil Action No. 16-cv-23851-DPG/ Turno, United States District Court for the Southern District of Florida

Provided expert report, September 2018. Testified by deposition, November 2018.

  • In the confidential matter between TLT Construction Corporation and Montachusett Regional Transit Authority, Boston, MA.

Testified at arbitration, July 2018.

  • Shoma Coral Gables, LLC v. Gables Investment Holdings, LLC, Ugo Colombo, and The Collection, LLC; Cause No. 2016-2102 CA 40, State of Florida Circuit Court – County of Miami-Dade Eleventh Judicial Circuit

Provided expert report, February 2018.

  • Central Valley Gas Storage, LLC v. EN Engineering, LLC; Cause No. 2015 L 000116, The Circuit Court of Eighteenth Judicial Circuit Dupage County, Illinois

Testified at mediation, December 2017.

  • CDM Smith Inv. & CDM Constructors, Inc. v. Hatch Mott Macdonald, LLC; No. 14-CV- 10333-LTS, United States District Court for the District of Massachusetts

Provided expert report, January 2017. Testified at mediation, June 2017.

  • Unity School District v. Vaughn Associates, Inc., et al; Civil Action No. 15-CV-00155-SM, United States District Court for the District of New Hampshire

Provided expert report, August 2016. Testified by deposition, December 2016.

  • Northern States Power Company, et al. v. General Electric Company, et al.; Cause No. 71-CV-13-1472, District Court of Minnesota, County of Sherburne.

Provided expert report, March 2016. Testified by deposition, June 2016.

  • RDA Construction Corp., v. The United States; No. 11-555C, United States Court of Federal Claims, Washington, D.C.

Provided expert report, September 2015. Testified at trial, January 2016.

 

Testimony Log

Skanska USA Building, Inc. v. SmithGroup, Inc.; Civil Action No. 8:20-CV-002499-TDC, In the United States District Court for the District of Maryland (Greenbelt Division)

October 2021 - deposition; June 2021 - expert report

Brian Gray, et.al. v. Custom Fabricating & Repair, Inc., et. al.; Cause No. 82C01-1806-CT-003278, In the Vanderburg Circuit Court of County of Vanderburg, State of Indiana

October 2021 - expert report

Clark Construction Group, LLC v. The City of Miami Beach, Florida and Hill International, Inc.; Case No. 2020-002129-CA-01, In the Circuit Court for the Eleventh Judicial Circuit In and For Miami-Dade County, Florida

June 2021 - deposition; January 2021 - expert report

ARIA Longboat Key Condominium Association, Inc. v. BBC Key, LLC, et. al.; Case No. 2019-CA-001461-NC, In the Circuit Court of the Twelfth Judicial Circuit In and For Sarasota County, Florida

March 2021 - mediation; January 2021 - expert report

HITT Contracting, Inc. v. Glenstone Foundation, Inc.; Case No. 8:18-cv-2691-PX, In the United States District Court for the District of Maryland
September 2020 - expert report; August 2020 - deposition; January 2020 - expert report

In the confidential matter between Stantec Consulting Services Inc. and Beazley USA, et. al.; State of Texas
July 2020 - expert report

Metropolitan St. Louis Sewer District v. Bilfinger Industrial Service, Inc., et. al.; Cause No. 15SL-CC04421, In the Circuit Court of St. Louis County, State of Missouri
December 2019 – trial testimony; June 2019 - deposition; June 2019 - expert report

In the confidential matter between Cotton Exchange Investment Properties, LLC and Commercial Renovation Services, LLC, et. al.; Case No. 01-17-0001-3210, New Orleans, LA.
October 2019 - deposition; July 2019 - expert report

Skanska/Trident v. City of Charleston, et. al; Case No. 2016-CP-10-0108, In the Court of Common Pleas Ninth Judicial Circuit, State of South Carolina, County of Charleston
July 2019 - expert report

In the confidential matter between Anderson Columbia/Boggs Paving Joint Venture and Michael Baker International, Inc., Lexington and Calhoun Counties, South Carolina

May 2019 - arbitration participant; April 2019 - deposition; February 2019 - expert report

White Lodging Services Corporation and Wesaus, LLC v. Liberty Mutual Fire Insurance Company, Cause No. I: 17-cv-00277; United States District Court, Southern District of Texas, Austin Division

February 2019 - deposition; December 2018 - expert report

Suffolk Construction Co., Inc., et. al. v. Rodriguez and Quiroga Architects Chartered, et. al.; Civil Action No. 16-cv-23851-DPG/Turno, United States District Court for the Southern District of Florida
November 2018 - deposition; September 2018 - expert report

In the confidential matter between TLT Construction Corporation and Montachusett Regional Transit Authority, Boston, MA.
July 2018 - arbitration participant

Shoma Coral Gables, LLC v. Gables Investment Holdings, LLC, Ugo Colombo, and The Collection, LLC; Case No. 2016-2102 CA 40, State of Florida Circuit Court – County of Miami-Dade Eleventh Judicial Circuit
February 2018 - expert report

Central Valley Gas Storage, LLC v. EN Engineering, LLC; Case No. 2015 L 000116, The Circuit Court of Eighteenth Judicial Circuit Dupage County, Illinois
December 2017 – mediation participant

CDM Smith Inv. & CDM Constructors, Inc. v. Hatch Mott Macdonald, LLC; No. 14-CV-10333-LTS, United States District Court for the District of Massachusetts
June 2017 - mediation participant; January 2017 - expert report

Unity School District v. Vaughn Associates, Inc., et al; Civil Action No. 15-CV-00155-SM, United States District Court District of New Hampshire
December 2016 - deposition; August 2016 - expert report

Northern States Power Company, et al. v. General Electric Company, et al; Case No. 71-cv-13-1472, State of Minnesota District Court – County of Sherburne Tenth Judicial District
June 2016 - deposition; March 2016 - expert report

RDA Construction Corp., v. The United States; No. 11-555C, United States Court of Federal Claims, Washington, D.C.
January 2016 - trial testimony; September 2015 - expert report

Turlock Irrigation District v. Carollo Engineers, Inc., Case No. 683106, Superior Court of California, County of Stanislaus
June 2015 - deposition

Fontainebleau Florida Hotel, LLC v. HKS Architects, Inc., et al; Case No. 12-37291CA20, The Circuit Court of the Eleventh Judicial Circuit, Miami-Dade County, Florida.
June 2014 - expert report

Howard W. Lutnick v. Plaza Construction Corp., et al; Case No. 600709/08, Supreme Court of the State of New York County of New York.
April 2014 - mediation participant

Philadelphian Owners Association v. TNT Construction, Inc., et al; Case No. 04172, Court of Common Pleas Philadelphia County, Pennsylvania.
February 2014 - expert report

O&G Industries, Inc. v. University of Massachusetts Building Authority and R.G. Vanderweil & Co., Inc.; Case No. 1:11-cv-12032-RWZ, United States District Court for the District of Massachusetts.
December 2013 - expert report

In the confidential matter between SteamPlant Condominiums LLC and Gulf Coast Projects Services, Inc., et al, Miami, Florida.
September 2013 – mediation participant

David Evans and Associates, Inc. v. Bilfiger Berger Civil Inc., et al, Case No.2:10-CV-00956-TSZ, United States District Court Western District of Washington.
July 2012 - expert report

Connecticut Science Center, Inc. v. Pelli Clarke Pelli Architects, Inc., et al, Docket No. (X02) CV-09 5015903-S, United States Superior Court for the State of Connecticut Waterbury District.
March 2012 – mediation participant

In the confidential matter between the City and County of Denver; the Denver Art Museum and Studio Daniel Libeskind with Davis Partnership, P.C. Joint Venture, Denver, Colorado.
February 2011, November and August 2010 – mediation participant

In the confidential matter between MDS (Canada) Inc. and Atomic Energy of Canada Limited, Toronto, Ontario, Canada.
December 2010 – expert report

In the confidential matter between Yeshiva University and Payette Associates, Inc., New York, NY.
October 2009, December 2006 – mediation participant

In the confidential matter between 1070 Holt Avenue LLC and Elliot Hospital, Concord, NH.
March 2009, January 2009, December 2008 – deposition and mediation participant

In the confidential matter between Webster Business Credit Corporation and Jonathan Bailey Design, LLC, et al, Orlando, FL.
January 2009, April 2008, June 2007 - expert reports and mediation participant

Turner Construction Company v. Cannon/Parkin, Inc., d/b/a Cannon Design and Simi Valley Hospital & Health Care Service, Case No. SC049773 United States Superior Court Ventura County – East Division of California.
October 2008 – mediation participant

Board of Education, Sullivan West Central School District v. Turner Construction Co. and The Hillier Group Architecture, New York, PC, Case No. 05 CIV 8384 (SCR), United States District Court Southern District of New York.
September 2008, August 2008 – deposition and expert reports

Merco, Inc. v. The County of Morris, and Dewberry-Goodkind, Inc. f/k/a Goodkind & O’Dea, Inc. d/b/a Dewberry, Docket No. MRS-L-002467-05, United States Superior Court Morris County of New Jersey.
September 2008 – expert report

In the confidential matter between Gloucester Cooperative Bank and Royal Design, Boston, MA.
September, July, March 2008 – arbitration participant and expert report

In the confidential matter between Wellington Power Co. vs. Payette Associates, Inc., Pittsburgh, PA.
September 2008, February 2008, September 2007 – deposition, expert report, and mediation participant

In the confidential matter between The Whiting-Turner Contracting Co. vs. Case Western University, Cleveland, OH.
June 2008, September 2007 – mediation participant

In the confidential matter between Columbus Centre LLC vs. Tetra Tech Engineers, Architects & Landscape Architects, P.C. d/b/a Cosentini Associates, New York, NY.
June 2008 – mediation participant

In the confidential matter between Leo A Daly Company, KHAFRA Engineering Consultants, Inc., Anthony C. Baker Architects & Planners, P.C., and Browder + LeGuizamon and Associates, d/b/a Leo A Daly, KHAFRA, Baker & Browder, a Joint Venture and The City of Atlanta, A Georgia Municipal Corporation, Atlanta, GA.
March 2008 – mediation participant

The Johns Hopkins University v. Payette Associates, Inc.; Case No. CCB-05-CV-1816, United States District Court for the District of Maryland.
October 2007, August 2006 – deposition and expert report

In the confidential matter between TransCanada Pipelines Ltd. vs. VECO Canada Ltd., Alberta, Canada.
July 2007 – mediation participant

In the confidential matter between Fahs-Rolston Paving Co. and Amman & Whitney Pennsylvania, Inc.
June 2007 – expert report

Mary Overton v. Ameriquest Mortgage Co., et al; Case No. CV 05 4715, (May 2007). United States District Court Eastern District of New York.
May 2007 – expert report

Texaco Exploration & Production, Inc., et al. v. AmClyde Engineered Products Company, Inc., et al; Case No. 99-3623, United States District Court Eastern District of Louisiana.
April 2007, December, October 2002 – deposition and expert reports

In the confidential matter between The Regents of the University of California; McCarthy Building Companies, Inc.; Zimmer Gunsul Frasca Partnership; and Bard Rao + Athanas Consulting Engineers Incorporated, San Francisco, CA.
April 2007 – mediation participant

Plateau Electrical Constructors, Inc. v. W.E. O’Neil Construction Co., et al.; Case No. CV2004-018871, United States Superior Court for the State of Arizona Maricopa County.
March, January 2007, December 2006 – mediation participant and expert reports

In the confidential matter between the State of Connecticut Department of Transportation, United States Fidelity & Guaranty Co., and Maguire Group, Inc., Hartford, CT.
February 2007 – mediation participant

In the confidential matter between Columbia Construction Co., Homeowner’s Rehab, Inc./HRI Trolley LLC, and Mostue & Associates Architects, Inc., Boston, MA.
February 2007 – mediation participant

In the confidential matter between the Massachusetts Institute of Technology and Steven Holl Architects, P.C., Boston, MA.
February 2007 – mediation participant

In the confidential matter between the University of Pennsylvania and Elkus Manfredi Architects, Ltd., Philadelphia, PA.
September, June 2006 – mediation participant

SMI-Owen Steel Company, Inc. v. J&H Marsh McLennan, Inc.; Case No. G-00-149, United States District Court for the Southern District of Texas, Galveston Division.
June, February 2006, March 2003, August 2002 – expert reports, deposition, and trial testimony

Massachusetts Convention Center Authority v. HNTB Corp. and its affiliates: Rafael Vinoly Architects, PC; R.G. Vanderweil Associates, Inc.; and Shen Milsom & Wilke, Inc.; Case No. 04-4335-BLS, United States Superior Court for the Commonwealth of Massachusetts Suffolk County.
May, April, February 2006 – mediation participant, deposition, and expert report

In the confidential matter between the State of Michigan, URS Corp. and Phillips Swager Associates, Inc., Lansing, MI.
May 2006 – mediation participant

In the confidential matter between Dick Corporation; Clay Center for Arts & Sciences of West Virginia, Inc.; and Highlands Design Group, LLC, Charleston, WV.
February 2006 – mediation participant

In the confidential matter between Siegmund & Associates, Inc. and the Town of Jamestown, R.I., Providence, R.I.
February, January 2006 – arbitration participant

In the confidential matter between Peabody Essex Museum, Moshe Safdie and Associates, Inc., and Arup, Inc., Boston, MA.
November, February 2005 – mediation participant

In the confidential matter between Johnson Matthey, Inc. and Process Facilities, Inc., Philadelphia, PA.
August, July, June 2005 – mediation participant

Alstom Power, Inc. v. RMF Industrial Contracting, Inc., et al; Case No. 03-627(03-1050), United States District Court for the Western District of Pennsylvania.
August, July, May 2005 – deposition and expert reports

In the confidential matter between Deerfield Construction Co., Inc. and Cole and Russell Architects, Inc., Cincinnati, OH.
June 2005 – mediation participant

Trump Briarcliff Manor Development, LLC v. Columbus Construction Corp. et. al; Case No. 01-12562, Supreme Court of the State of New York for the County of Westchester.
May 2005, October, September 2003 –trial testimony and expert reports

In the confidential matter between Hoffman Construction Company and the City of Seattle, San Francisco, CA.
January 2005 – mediation participant

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