Examination of the Expert John Norris Dennis Allen Lauren - - PowerPoint PPT Presentation

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Examination of the Expert John Norris Dennis Allen Lauren - - PowerPoint PPT Presentation

Oct 05, 2023 148 likes •316 views

Direct and Cross Examination of the Expert John Norris Dennis Allen Lauren McLaughlin NORRIS + ST. CLAIR Hill International B RIGLIA M C L AUGHLIN , PLLC THE CASE Loss of Productivity Expert Analysis ACE Mechanical Contractors v.

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SLIDE 1

Direct and Cross Examination

  • f the Expert

Lauren McLaughlin

BRIGLIAMCLAUGHLIN, PLLC

John Norris

NORRIS + ST. CLAIR

Dennis Allen

Hill International

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SLIDE 2

THE CASE

Loss of Productivity – Expert Analysis

ACE Mechanical Contractors v. Richmond Hospital Center

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SLIDE 3

THE CASE

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SLIDE 4

THE CASE

  • AE drew design based on as-builts,

but did not do laser survey

  • Phased project, 24 month duration
  • Hospital to stay open
  • GC awarded contract for $24

million

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SLIDE 5

THE CASE

  • Mechanical sub (ACE) encountered

differing site conditions

  • Hundreds of RFIs on how to re-route

mechanical plumbing, piping, sheet metal

  • Constructive Acceleration – Huge

losses for mechanical sub

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SLIDE 6

Loss of Productivity Expert Analysis

  • ACE’s Expert, Mr. John Smith, Ph.D
  • Construction scheduling, labor

productivity, and forensic claims analysis

  • Consultant to project owners, designers,

and construction firms on measuring and improving productivity

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SLIDE 7

Expert Opinion “It is my expert opinion that owing to project owner caused disruptions and delays during the construction of the Richmond Hospital Facility, that ACE Mechanical incurred a minimum loss of 24,350 craft hours”

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SLIDE 8

Demonstrating Bias

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SLIDE 9

Attacking Reliability on First Prong of MTC

“No Other Way to Calculate Damages”

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SLIDE 10

Attacking Reliability on Second Prong of MTC

“Reasonableness of Bid”

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SLIDE 11

Attacking Reliability on Third Prong of MTC

“Reasonableness of Costs”

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SLIDE 12

Attacking Reliability on Fourth Prong of MTC

“Lack of Responsibility for Added Costs”

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SLIDE 13

Expert Witness Phases

  • The Engagement and Selection Process
  • Managing the Expert
  • Preparing the Expert
  • Reviewing testimony
  • Demonstrative exhibits
  • Framing questions
  • Exhibit Selection
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SLIDE 14
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SLIDE 15

THE END

36th Annual Construction and Public Contracts Law November 6, 2015