Construction Claim Dispute Expert Witness

Expert Witness No. 134

Texas

Background

Expert No. 134 is a specialist in the negotiation and resolution of construction claims and disputes. He is also an expert witness, mediator, arbitrator and forensic engineering consultant. However, He started out working as a Construction Engineer back in 1965. He soon began advancing through the various levels of management in virtually every construction discipline between 1965 and 1973. He started to specialize in the area of contract dispute resolution in 1973, working primarily with attorneys in all phases of construction contract disputes, on both public and private projects. Finally, he entered law school in 1977 and graduated in 1981. During law school, he continued to work in dispute resolution. He has specialized in the area of contract disputes for 30 years. He presently works as a consultant to both industry and the Bar on all matters involving construction contract dispute resolution and serves as an expert witness in construction litigation. He is a mediator and a commercial arbitrator for the American Arbitration Association. His projects have included heavy and light industrial plants; chemical and petrochemical plants; water and sewage treatment plants; underground piping, utilities and structures; foundations; heavy commercial and institutional buildings and structures; power plants (nuclear and fossil fuel); bridges; highways; and, marine facilities.

Education

Graduate Juris Doctor: Tulane Law School, New Orleans, LA - 1981.
Bachelor of Science, Mechanical Engineering: Tulane Engineering School, New Orleans, LA 1966.

Work Experience

1992 to Present – Owner                                                                      Austin, TX
Consultant and specialist in the recognition, evaluation, causation, liability, damages, management, avoidance, litigation and resolution of construction disputes. Assists parties involved in the construction process to reduce conflict and maximize benefits. Assignments have included North and South America, the Caribbean, Africa and the Middle East.

1985 to 1992 – President                                                           Houston, TX

Consultant, providing expert witness testimony and litigation support to the construction industry and the Bar, throughout the United States and abroad

1981-1985        Attorney           Raymond International Builders, Inc.         Houston,TX

Corporate counsel, chief negotiator, responsible for in-house corporate duties, outside litigation evaluation, negotiation of settlements and trial, in-house contract review and negotiation, in-house arbitration and working with management, construction engineers and attorneys to resolve complex construction disputes.

1979-1981        Senior Contract Administrator   New Orleans, LA.

Responsible for evaluating and negotiating the settlement of all claims arising on the $1.6 billion Waterford III nuclear power plant being built for Louisiana Power & Light

1977-1979        Full Time Law Student   Tulane Law School                    New Orleans, LA.

Engaged in freelance consulting work involving construction claims and litigation

1973-1976        President          Fogel & Associates Caribbean Inc.,      San Juan, Puerto Rico

Responsible for operating a branch consulting office specializing in the handling of construction claims and litigation, working with client's attorneys

VicePresident-ConstruccionesWerl,Inc.,SanJuan,PuertoRico

Responsible for managing and operating a construction joint venture and establishing a claims department to pursue recovery of profits on public works projects through claims

1972-1973        Project Manager-          Bellamy Brothers Inc.                Atlanta, GA

Project responsibility for heavy highway, bridge and foundation projects

1971-1972        DivisionManager           Crown Builders Div. Of Lurgi-Knost, Inc.,Baton Rouge,LA

Set up and operated a new division to do the mechanical construction on large sewage treatment and water treatment projects.

1970-1971        President          Construction Company              New Orleans,LA.

Engaged in heavy industrial piping and equipment erection construction

1965-1970        Division Manager    IndustrialDiv,Mechanical Construction Co  New Orleans,LA

Responsible for all aspects of the procurement, estimating, contracting, management, purchasing, field engineering, execution, billing and collection on heavy industrial plant construction

Professional Affiliations

American Bar Association

Texas Bar Association

Louisiana Bar Association

Travis County Bar Association

Houston Bar Association

Dispute Review Board Foundation

National Society of Professional Engineers

American Society of Mechanical Engineers

Texas Society of Professional Engineers

National Academy of Forensic Engineers

American Arbitration Association

Licensed to Practice Law in Following States - Texas, Louisiana

Licensed to Practice Engineering in Following States: Texas, Louisiana, Puerto Rico