Dispute Resolution SOCOTEC

Phil ROY

Phil ROY

Dispute Resolution & Project Advisory Expert

Phil ROY

ABOUT

Mr. Roy serves as Senior Managing Director at SOCOTEC in Johns Creek, Georgia. He has over twenty-five years in the commercial construction and related industries, providing senior-level leadership in each industry sector. His experience includes early career positions in project management, contract administration, cost control, analysis of scheduling delays and conflicts, contract management, dispute resolution and project execution. His unique management and project execution style has distinguished him as an effective leader in project turnarounds.

Today, Mr. Roy provides Project Advisory (PA) and project assessment and efficiency services. Mr. Roy’s hands-on management style provides owners and industry providers with swift risk assessment and solutions to complex construction defect issues, getting projects back on track in a quick, safe, and cost-effective manner. He also provides owners, developers and operators.

ABOUT

Mr. Roy serves as Senior Managing Director at SOCOTEC in Johns Creek, Georgia. He has over twenty-five years in the commercial construction and related industries, providing senior-level leadership in each industry sector. His experience includes early career positions in project management, contract administration, cost control, analysis of scheduling delays and conflicts, contract management, dispute resolution and project execution. His unique management and project execution style has distinguished him as an effective leader in project turnarounds.

Today, Mr. Roy provides Project Advisory (PA) and project assessment and efficiency services. Mr. Roy’s hands-on management style provides owners and industry providers with swift risk assessment and solutions to complex construction defect issues, getting projects back on track in a quick, safe, and cost-effective manner. He also provides owners, developers and operators.

Professional Experience & Qualifications

5+ YEARS WITH FIRM | 30+ YEARS IN INDUSTRY

SOCOTEC
2022 – Present | Senior Managing Director

David Pattillo & Associates, LLC - a SOCOTEC Company
2016 – 2021 | Senior Vice President

STHP ASSOCIATES
2010 – 2016 | President and Founder

BARTON MALOW CONSTRUCTION
2007 – 2010 | Vice President/Officer-Georgia Operations

PAVARINI CONSTRUCTION, S.E-STRUCTURE TONE
2004 – 2007 | Vice President of Operations

SKANSKA USA BUILDING-BEERS CONSTRUCTION COMPANY
1996 – 2004

  • AvironTechnical Institute –Montreal Canada PQ - 1981
  • Environmental Education Foundation - Mold Management Strategies - 2004
  • MIT Sloan-Executive Program, Systems Dynamics-Understanding and Solving Complex Business Problems - 2002
  • Harvard Executive Programs, Program on Negotiations, Dealing with Difficult People & Situations - 2001
  • FPS - Federal Publications Seminars –Concentrated Course in Construction Contracts - 2001
  • Saddle Island Institute – Construction Claims Avoidance - 2000
  • AT&T School of Business – ISO 9000-9001 - 1997

  • Contract Management
  • Cost & Cash Flow Budgeting & Monitoring
  • Change Order Analysis, Preparation & Negotiation
  • Schedule Delay & Impact Causation Analysis
  • Troubled Project Evaluation & Turnaround
  • Building Condition Assessment

  • RCMM Registered Contractor Mold Manager, 2004

  • 360 Chambers Condo Board Association, President, 2017
  • Georgia USO United Services Organization, Active Executive Member, 2011
  • Cobb Chamber-Leadership Programs
  • Honorary Commanders-Advisory Board, 2008-2009
  • Western Carolina University, Construction Advisory Board Member (Term), 2010
  • Construction Association South Florida CASF, Chair Annual Scholarship Fund Program, 2007
  • Fulton County Education Foundation, Treasurer, 2010-2012

Expert Accordion Background

REPRESENTATIVE PROJECTS

•Engaged by Owner / Developer to provide construction assessment of historic re-development of 100-year-old mercantile building to luxury apartments in New Orleans French Quarter district. Hired to expedite completion of project to meet historic tax credits requirements and to avoid continued costly operating delays to stakeholders. Final forensic assessment determined significant non-conforming construction issues which resulted in the termination of existing general contractor and complete takeover of project completion. Non-conforming work consisted of significant water and air infiltration issues, exterior façade., mechanical system reconfigurations, structure, and interior and exterior finishes completion. Prepared detail cost and schedule analysis, documentation assembly for litigation purposes. Lead presenter for settlement purposes. Project successfully turned over to client for residency occupancy. Case is still on going.

•Hired by Owner / Developer to provide full construction assessment of 900 square foot 7 story flagship dealership in South FL at 50% completion. Assessment consisted of review of all contributing parties, architect, general contractor, third party consultants and subcontractor trades status. Assessment led to a complete realignment and turnabout of the entire construction team. Developed turnabout recovery plan which included retaining general contractor and its subcontractors under the strategic guidance and direction of DPA to avoid further delays and disruption. Building components consist of precast structure along with steel cantilever car displace balconies, level 5 finishes on main level vehicle sales showrooms, mezzanine level offices with executive conference room and executive level offices. Consist of 65 full-service bays, car washes and full detailing center. 5 levels of open-air vehicle inventory with luxury vehicle show rooms on 4 of the 7 levels. Spiral drive from ground level to 7th floor deck. Negotiated phased TCO process with building authorities to allow ownership to take phased procession of dealership for parts stocking, training and eventually sales. Case is still on going.

•Engaged by counsel to assess newly constructed student dorm and training classroom building for issues related to construction and design defects.

•Appointed by General Counsel and Ownership team to develop strategic recovery plan to forensically uncover damaged exterior conditions, document existing conditions, provide a total reconstruction plan to remediate extensive damage caused by defective construction to a newly constructed luxury residential apartment development. This is a development comprised of 6 individual 3 story apartment buildings and 1 pool facility. The construction is wood framed with concrete podiums and underground parking. The property sits on approximately 6 acres. The reconstruction cost of the exterior envelope including site is approximately 55 million dollars. This project was reconstructed in 12 months.

•Appointed by General Contractor to develop overall strategic recovery plan to analyze scope of impact caused as a result of design /engineering deficiencies on a 125 million US based international cargo facility. Prepared detailed document review summation and scheduling delay and impact analysis. Lead coordinator for all subcontractor claims and disputes. Project settled successfully and relationship restored with Owner. Lead presenter and negotiator for settlement discussions.

•Selected as project liaison on 130-million-dollar multi-faceted sports arena to facilitate and expedite project completion to avoid significant liquidated damages. Appointed by general contractor and counsel to lead the recovery efforts on a multimillion-dollar request for equitable adjustment (REA) claim. Coordinated all subcontractor schedule recovery efforts and settlement. Project completed on time with REA being adjusted according to the satisfaction of General Contractor. Lead negotiator and presenter of REA.

•Appointed by General Contractor and counsel as lead project recovery coordinator to analyze project status and recovery effort on a multimillion-dollar request for equitable adjustment claim for an 80 million dollar performing art center. Initial analysis required turnaround strategy and restructuring of project team, developed project recovery schedule, complete forensic review of all project documentation and constructability review to effectively develop and formulate recovery narrative. Chief negotiator on all subcontractor delay and disruptions claims. Lead presenter and negotiator in final settlement discussions with Owner.

•Appointed by General Contractor to provide strategic project recovery analysis and completion plan for a 125 million dollar convention center to ensure on time completion avoiding liquidated damages. Develop complete REA related to design deficiencies and owner related disruptions resulting in excessive schedule impact, subcontractor delays and disruption claims and added cost overruns. Prepared and analyzed all relevant project records to ensure maximum recovery was realized. Lead presenter and expert witness.

•Appointed by General Contractor and counsel to manage REA related to scope changes and owner proposed contract deductions on a 35-million-dollar luxury hotel. Impact resulted in subcontractor claims related to added scope, subcontractor default, sub guard claim, acceleration, and overall impact claims. Lead coordinator and preparer on 1.5-million-dollar insurance claim for storm damage which resulted in a 60-day time extension to initial project schedule. Provided owner with necessary project data to support claim. Provided project financial relief through aggressive subcontractor claim negotiations. Worked with all affected parties to develop alternative dispute resolution approaches to eliminate conflicts. Managed outside counsel and consultants with regard to owner claim preparation and subcontractor defaults/complaints.

•Selected by General Contractor to provide strategic onsite leadership to ensure timely project completion on a 45-million-dollar multi-faceted sports arena. Initial and final analysis concluded incomplete project design resulting in significant cost overruns and subcontractor delay and disruption claims. Lead REA coordinator to prepare and present delay impact analysis to Owner. Chief reviewer and negotiator for all subcontractor delay and disruption claims. Managed all inside and outside counsel and consultants on behalf of general contractor. Lead presenter on final settlement discussions.

•Appointed by General Contractor to provide senior level over site to mitigate Owner claim for liquidated damages as a result of alleged project delay and disruption caused by General Contractor. Initial review and analysis of project documentation refuted Owner’s position and in turn positioned General Contractor to forge Claim against Owner for design deficiencies and owner caused disruptions and delays. Subcontractor claims for added scope, impact and delay were aggressively reviewed and analyzed for accuracy and negotiated on their behalf with General Contractor’s submission of REA. Lead presenter at mediation and negotiator for all settlement discussions with Owner.

•Selected by Owner to review constructability and quality issues on an 8-million-dollar US International airport parking structure. Claim by owner represented that general contractor failed to meet the minimum standards of quality construction and further failed to incorporate design requirements. Worked with General contractor field personnel to develop acceptable and correctable recovery plans to mitigate further impacts assessed by Owner. Project was completed to Owner and design team satisfaction. General Contractor was successful in eliminating owner assessed damages.

•Appointed by General Contractor and outside counsel to develop REA and construction recovery plan on a 35-million-dollar multifamily condominium in South Florida. Initial project review pointed to incomplete project design and owner caused delay and disruption interference. Managed the preparation and final development of REA. Significant subcontractor delays, disruptions and added cost were mitigated through aggressive and proactive negotiations. Lead presenter and expert witness in mediation settlement discussions.

•As Vice President of Operations, prepared and developed strategic operations plan for 7 major multifamily condominium projects totaling in excess of 500 million dollars. Overall operation work plan included the review and assignment of all administrative and field personnel. Hired necessary strategic planners to ensure that all work plans and schedules would be met. Responsible for overall financial performance of development program. Lead presenter and coordinator of all monthly executive project risk management review plans to executive board. Lead liaison for all outside consultants and counsel. Developed all site-specific risk management plans in conjunction with appointed in house risk managers.

•As Vice President of Operations developed completion work plan and REA analysis for 35-million-dollar multi story University Facility. Prepared necessary project analysis data to present delay disruption claim to Owner and architect. Developed schedule impact delay claim analysis in excess of 250 days for compensable relief. Chief negotiator on all settlement discussions.

•As Vice President developed strategic recovery plan on 22-million-dollar K-12 school. Prepared and developed recovery schedule to mitigate Owner assessed liquidated damages and to further ensure a timely opening for the new school year. Was successful in eliminating all potential Owners assessed LD’s and eliminated further impacts to the community. Restored confidence in school board and program manager after school was successfully opened for new school year work session.

•Appointed by General Contractor to provide analysis and constructability review of 25-million-dollar student housing facility regarding claims of constructability concerns by Owner. Provided Owner with necessary project data and materials testing to exonerate general contractor of any wrongdoing. Worked with Owners design engineering team to develop a workable plan for design engineering concerns. Concerns were effectively and pro-actively resolved.

•Engaged by Client to provide strategic oversight on project completion and claim mitigation on interior and exterior CMU scope, decorative and structural precast and finishes stone for the County Superior Court House. Provided turn around logistics plan to expedite completion schedule and assisted in the development and overall recovery strategy plan. Assistance in final negotiations negated the need for legal proceedings to take place. Client was able to successfully settle their dispute without further delay.

•Engaged by sub-contractor to analyze dispute material for claim preparation against Owner. Prepared recovery strategy paper which provided guidance in their decision to move forward with litigation.

•Engaged by Owner to execute Phase 1 feasibility study including a complete constructability review of a private golf and tennis country club. Study was concluded with the submission of strategic “white paper” along with forensic study and photographs of the actual facility and a rough order of magnitude estimate detailing replacement, upgrades and life safety modifications.

•Hired by UNC Greensboro Director of Student Living to provide constructability review of general contractors and design firm documents of new student living housing project. Project is the renovation and upgrading of existing historical campus housing. The study and the report were completed on schedule and under budget.

•Appointed by Owner to analyze construction defects on private golf, swim & tennis country club. Provide leadership role in engaging and other industry experts to settle multimillion dollar construction defeats claim.•Engaged by Holding Company as interim COO to provide strategic turnabout of 30-year-old industrial and commercial painting company. Successfully provided ownership with a new startup company, expanding existing services to existing client base.

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