Curriculum Vitae

Principal Consultant


EW #13619s professional career encompasses over 35 years in engineering, project management, business development, and consulting. His qualifications are the product of his extensive technical and business knowledge combined with his comprehensive field and contracting operations experience. His experience extends to heavy industry, Government, commercial, and institutional projects both overseas and in the United States. Prior to establishing TMS in 1994, he served as Corporate Manager of Proposals for a multi-office international engineering and construction firm specializing in hazardous waste treatment and incineration, refining and chemical processing, mining, and gas production. Prior to that, he was Branch Manager for a large fire protection contractor and he successfully re-established operations in a four-state region.

As Principal Consultant for TMS, he provides services to prominent clients in three areas: Construction Claims, Project Management, and Competitive Proposals.


Summary of Construction Claims & Dispute Experience


Hehas prepared a variety of construction claims related to delays, work disruption, acceleration, excessive and constructive changes, and non-performance. He has helped defend against claims associated with direct and consequential damages, and cost overruns. In this capacity he has performed audits and research; written requests for additional compensation, claims, expert reports, and rebuttal reports; given expert deposition testimony; and provided dispute resolution and negotiation services for specialty contractors.

Power Generation Station Project, Everett Massachusetts
Acted as fire protection Contractors on-site agent and technical consultant. Prepared Contractors Request for Equitable Adjustment establishing entitlement and quantum for delays, work disruptions, productivity losses, directed changes, and constructive changes. At issue was the Constructors bankruptcy and changed contractual relationships, extended schedule, out of sequence construction of structural and mechanical components, as well as defective Plans and Specifications resulting in cardinal changes. Prepared contractors Claim for final contract amount after Constructor wrongfully terminated the contract. Participated in settlement negotiations between Contractor and Constructor. Settlement amount was approximately $2,000,000.

Power Generation Station Project, Ackerman Mississippi
Acted as Constructors on-site technical consultant for in-progress fire protection work. At issue was the Owners fragmentation of the fire protection work between multiple contractors, which resulted in scope of work gaps and system testing inconsistencies. Prepared Report proposing remedial work and a comprehensive plan for testing and commissioning of plant-wide fire protection system. Constructor and Owner accepted Report, which resolved dispute.

Residential Resort, Golf Course, Marina, & Hotel, Exuma Is. Bahamas
Acted as Owners technical consultant for design-build resort project. At issue was Constructors billing for in-place work, claim for extra work (directed and constructive), as well as a claim for disruptions caused by weather, Owner inaction, and Bahamian permitting problems. Conducted a work audit and prepared a factual Construction Status and Cost Report. Prepared Owners Rebuttal Report in response to Constructors Claims. Constructor and Owner resolved dispute through negotiated settlement. Details of settlement are confidential.

Nursing Home Project, Inverness Illinois
Prepared Expert Report and Damage Analysis establishing Contractors entitlement and quantum in a fire protection contract dispute. Damages were in excess of $250,000. At issue were Owner caused delays and disruptions as well as unresolved directed and constructive changes. Provided detailed analysis of productivity, sequence of work, and schedule disruptions/delays. Provided analysis and response to Owners Experts counterclaim. Also provided over eight hours expert deposition testimony. As an immediate result of testimony, Owner dropped counterclaim and negotiated a confidential settlement.

High Rise Office Tower Project, Chicago Illinois
Acted as mechanical Contractors technical consultant. Conducted in-progress work audit and prepared Request for Additional Compensation establishing Contractors entitlement and quantum for differing construction conditions. Damages were approximately $370,000. At issue was the Constructors failure to enclose structure and provide heat in accordance with specified requirements, which caused Contractor to perform work in severe winter conditions. Provided productivity analysis based upon hourly weather data and wind chill calculations. Constructor and Contractor negotiated confidential settlement.

Power Generation Station Project, Nantong China
Conducted on-site investigation of Constructors allegation that third-party installing contractor incurred problems because Contractor did not furnish adequate materials and design data/information. Prepared Report documenting that Contractor was not at fault due to mishandled of same. Report resolved dispute.

Waste Management Contract, Summit County Utah
Provided forensic services (on emergency basis) to Plaintiffs legal Counsel in a municipal contract award dispute, which was centered on an alleged error in Plaintiffs bid price. Analyzed all discovery documents including Countys waste management Consultants RFP, all Proposals, Consultants award documents, and numerous depositions. Advised Counsel that the Countys award would probably not be overturned solely because of error. However, advised Counsel that the discovery documents revealed serious improprieties in the award process and the ensuing litigation should also focus on the improprieties. Counsel pursued litigation solely on the error theory and the case was dismissed in a preliminary hearing.

Corporate Office Complex Project, Bloomington, Illinois
Prepared Expert Report and Damage Analysis establishing Contractors entitlement and quantum in a fire protection contract dispute. Damages were approximately $1,326,000. At issue were Constructor caused delays and disruptions, adverse working environment, unresolved directed and constructive changes, inappropriate backcharges, and ineffective project administration. Also, at issue were Engineer caused errors and omissions in the Plans and Specifications that resulted in shop drawing development problems, excessive RFIs with slow response, and extensive design changes during installation. Prepared Rebuttal to Constructors Experts counterclaim. Provided over16 hours of expert testimony in two depositions. The dispute was resolved in an out of court settlement in favor of the Contractor. Amount of settlement was undisclosed.

Job Corps Training Center, Chicago Illinois
Acted as mechanical Contractors technical consultant in a dispute with its primary HVAC equipment Vendor. At issue was the Vendors failure to deliver equipment in accordance with construction schedule and HVAC equipment that did not meet Specification, which caused work disruptions and delays to overall project. Prepared Contractors entitlement and quantum for backcharges, which was approximately $200,000. Facilitated negotiations between Vendor and Contractor that resulted in an equitable settlement.

Symphony Center Project, Chicago Illinois
Acted as mechanical Contractors technical consultant. Conducted in-progress work audit and prepared Request for Additional Compensation establishing Contractors entitlement and quantum in a HVAC contract dispute. Damages were approximately $3,600,000. At issue were Constructor caused delays and disruptions that resulted in schedule acceleration. Also, at issue was Engineer caused errors and omissions in the Plans and Specifications that resulted in shop drawing development problems, excessive RFIs with slow response, and critical design changes during installation. Contractor and Constructor negotiated a settlement for an undisclosed amount.

Power Generation Station Project, Reno Nevada
Prepared Request for Additional Compensation establishing Contractors entitlement and quantum in a fire protection contract dispute. Total amount of Request was approximately $300,000. At issue were as-built conditions and Engineer caused errors and omissions in the Plans and Specifications, both of which resulted in numerous constructive changes during installation. Contractor and Constructor negotiated a settlement for an undisclosed amount.

Professional Endeavors

Technical Marketing Services, Park City UT, Principal Consultant, 1994-Present

Ford, Bacon & Davis, Inc., Salt Lake City UT, Manager of Proposals, 1990-1994

Grinnell Fire Protection Systems Co., Salt Lake City UT, Branch Manager, 1986-1989

F.E. Moran Special Hazard Systems, Northbrook IL, Senior Project Manager, 1982-1986

Grinnell Fire Protection Systems Co., Denver CO, Senior Project Manager, 1978-1982

RCA Service Company, Andros Island Bahamas, Resident Civil Engineer, 1977-1978

General Electric, Schenectady NY, Project/Resident Engineer, 1974-1976

Capricorn Construction, Glenford NY, Consultant, 1971-1974

Paul Weidlinger Consulting Engineers, New York NY, Research Engineer, 1968-1971

Education

Graduate:
Doctoral Studies Engineering Mechanics (coursework completed), Columbia University, 1968
MS Engineering Mechanics, Columbia University, 1967
Certificate NASA Summer Institute of Space Science, 1966
Honors: Guggenheim Fellow and NASA Scholar

Undergraduate:
BS Civil Engineering, Long Island University, 1966
Honors: Deans List (2 years)