Contracting

Selected Contracting/Construction Advisory and Litigation

  • Serving as the financial advisor on the board of directors and executive committee of a 100 year-old government contractor performing a substantial amount of its work for the Army Core of Engineers.
  • Providing audit and tax services for companies in the contracting, construction and real estate development industries.
  • Providing expert testimony regarding the separate valuation of a tower crane division of a contractor’s larger business and reconstruction of the books and records of the parent company in a post-acquisition shareholder dispute.
  • Providing expert testimony regarding the assessment of a surety’s underwriting process and documentation in light of claims against a subcontractor, his surety and its agents by a government contractor.
  • Providing expert testimony in ICC arbitration regarding the value of work completed to date constructing a nuclear power facility.
  • Analyzing bribery and other corruption charges against government contractors.
  • Analyzing criminal rebate and kickback schemes involving collusion between multiple government contractors’ executives and purchasing agents.
  • Calculating lost profits and providing expert testimony in a delay and subsequent acceleration claim over a contractor’s installation of a co-generation facility within a steel plant.
  • Pricing change in scope claims related to a defense aerospace contractor modifying 737’s.
  • Serving as a construction industry financial advisor to a class action settlement fund.
  • Performing a detailed, “scenario based” fraud risk assessment of a $2 billion revenue, multi-location contractor.
  • Arbitrating a cost-plus dispute between an international contractor and the Veterans Administration.
  • Routinely analyzing project documentation to determine progress of work, scope, parties that initiated and/or approved changes and billable v. non-billable costs under cost-plus contracts for claims alleging delay, disruption, acceleration, termination and change of scope, as well as cost validations in accordance with contract documents.
  • Reviewing and critiquing project controls and documentation necessary to support a damages claim, as well as teaching related continuing legal education courses.
  • Computing damages using the Eichleay formula, Actual Cost, Total Cost, Modified Total Cost and Quantum Meruit methods as well as testifying regarding the reliability of each.

Selected Contracting/Construction Advisory and Litigation

  • Serving as bankruptcy trustee for contractors in the Bankruptcy Court in the Middle District of Alabama.
  • Providing expert testimony for a real estate lender in a matter alleging the construction and financing related to real estate development activity to be an unregistered investment contract.
  • Providing expert testimony in a dispute regarding an operations and maintenance contract alleged to be an unregistered security.
  • Analyzing termination claims, including Congress’ defunding of the Star Wars missile base in the Marshall Islands.
  • Performing labor productivity studies in connection with claims, including for costs paid to labor subcontractors who maintained inadequate time records.
  • Providing expert testimony in numerous matters involving financial institution failures attributed, in part, to the downturn in the construction and real estate development industries involving the study of the entire U.S. real estate market with particular focus on Alabama, Florida, Georgia, Louisiana, Mississippi and Texas.