June 2013 - AACEI San Francisco Bay Area Section
Transcription
June 2013 - AACEI San Francisco Bay Area Section
AACEI - San Francisco Bay Area Section June 2013 Newsletter June Meeting – Delay Claim Development with Josh Ritti and Mike Berta Date: Thursday 06/20/13 Time: 6:00PM to 8:00PM Food: Dinner $20 Location: Arup’s Office Address: 560 Mission Street, Suite 700, San Francisco, CA What a great site visit to the San Francisco General Hospital. A big thank you to our host Jacobs Engineering and Webcor Builders! Inside this issue: Topic Page President’s Message 2 Meeting Details 3 Presentation & Speaker Info. 4-5 Officers / Directors 6 Ads President’s Message Greg Demetrulias President AACEI-SF Dear Members. It’s been a year already. Wow how the time flies by! It seems that we are all experiencing the same kind of phenomena. Given that it is the new fiscal year, we had our annual elections and I want to congratulate our new board: President, Lauren Scammel and Vice President, Colm Tully They are the dynamic duo from Arup and have done a great job for our section this past year and I know, with your help, they will do an even better job this new fiscal year. We had a great year, with awesome presenters, fun tours and the best Western Winter Workshop yet. The only thing is, these things don’t happen on their own. We can’t afford to hire folks to do all the work that it truly takes to manage all this. I want to encourage our senior members to recruit junior staff to participate on your company’s behalf to help share the association’s workload . This will help us keep on providing the best service possible. Without sharing the load we will see burnout and failure. I know it’s not easy to dedicate a lot of time to associations, but this association is very important to our careers and it should be treated as part of our scope of work. Without you, we don’t have a section and without a section we lose credibility. So, I am expecting to hear from you with new recruits and volunteers to help our new board or you will be hearing from me. This month we are very pleased to feature two seasoned attorneys who specialize in construction claims, Mr. Josh Ritti and Mr. Mike Berta with Exponent Construction Consulting. I have found over the past, that you can never stop leaning about claims processing and claims avoidance. The nuances of claims tactics and packaging is a skilled art that is not easily learned. Please come and join us as we share the knowledge at our next dinner meeting. Gregory Demetrulias, PSP President, AACEI-SF Section Remember, “Time is Money” PAGE 2 Meeting Details June Meeting: Delay Claim Development When: Thursday, June 20th—6:00pm Where: Arup’s Office 560 Mission Street, Suite 700, San Francisco, CA www.Arup.com Food: TBD $20 per person paying at the door or through PayPal An evite will be emailed including RVSP information and payment options. Encourage your colleagues to attend! New members eat free at their first monthly dinner meeting! "Questions? Please contact Franklin Lee, flee@mleecorp.com" PAGE 3 Presentation & Speaker Josh Ritti Mike Berta Principal at Exponent Manager at Exponent Failure Analysis Associates Bio: Josh Ritti Mr. Joshua Ritti is the Director of Exponent’s Construction Consulting practice. He advises construction clients on a range of topics including risk management, project controls, change management, project scheduling, contract review and assessments, process improvement, change order negotiations, the development or defense of construction claims and expert witness services. Mr. Ritti’s experience with construction disputes includes the development, analysis and defense of construction claims related to scheduling, inefficiencies, and cost overruns. He has analyzed owner, contractor, and designer performance and allocated responsibility for project impacts on a wide variety of projects. He has developed as-planned schedules, prepared and analyzed as-built schedules, and utilized numerous schedule analysis techniques to quantify delay and disruption. Mr. Ritti has participated in the successful negotiation of numerous disputes, and has testified on construction schedule and cost issues in mediation, dispute resolution board hearings, arbitration and trial. Prior to joining Exponent, Mr. Ritti worked in the Construction Risk and Dispute Resolution practice for PriceWaterhouse Coopers, LLP, the Capital Project Consulting practice for KPMG, LLP, and the Litigation Consulting practice for FTI Consulting, Inc. Additionally, Mr. Ritti developed a professional services offering for a technology firm in the construction industry and worked for a general contractor on commercial and residential projects. Bio: Mike Berta Mr. Michael Berta is a Manager in Exponent’s Construction Consulting practice. Mr. Berta has more than 20 years of experience working in the construction industry. He has consulted on matters involving economic damages, accounting, contract compliance, and cost overrun issues primarily related to large and sophisticated construction projects. He has authored expert reports and provided testimony on cost and damages, participated in and presented at mediations and assisted clients with settlement negotiations. Prior to joining Exponent, Mr. Berta was the Vice President of Seo Consulting, Inc. and an Associate Director with Navigant Consulting, Inc. Mr. Berta has been involved in a wide variety of cases associated with the construction of bridges, condominium complexes, commercial projects, convention centers, highways, hospitals, hotels and resorts, manufacturing facilities, power plants, prisons, rail systems, schools, wastewater treatment facilities and complex tunneling projects. He has performed contract compliance reviews of contractors’ recorded costs in connection with cost-plus contracts and profit sharing agreements. He has performed analyses on various projects including construction cost overruns, price and quantity variances, labor productivity, subcontractor bidding, equipment costs, contract change order work, payroll burden, general conditions costs and overhead, including the evaluation of home office overhead quantified by the Eichleay Method. PAGE 4 Presentation & Speaker PRENTATION ABSTRACT: One of the most common disputes in the construction arena involves schedule delay claims. Delays come in many shapes and sizes and can occur throughout the course of a project’s lifecycle. The most common types of delays encountered in construction claims are excusable delays (weather or third party related), Owner caused delays, Contractor caused delays and concurrent delays. Understanding the contract provisions that are operative for delays claims is important to preserving one’s rights and essential to demonstrating entitlement to additional time , and sometimes, increased costs related to those delays. The actual delay analysis itself can be performed utilizing several different types of analytical methodologies. Since only delays affecting the project’s critical path entitle the contractor to additional time, it’s important to properly prepare your delay claim. Delay damages are quantified once delays have been determined and allocated to the parties. Owner damages resulting from delays are generally in the form of Liquidated Damages or loss of profits if allowed by the Contract. Contractor’s typical delay damages involve extended general conditions, unabsorbed home office overheads, idle equipment costs, etc. This presentation will discuss common contract provisions, accepted delayed analysis methodologies, proper techniques to quantity time related damages as well as the strategies utilized by the claims consultants to address and resolve these issues PAGE 5 Visit our Website! www.aaceisf.org Officers and Directors of the San Francisco Bay Area Section 2012 – 2013 Certifications & Scholarships/Academics Director: President: Gregory Demetrulias demetrulias@sbcglobal.net Bechtel Corporation Project Controls Consultant P: 415.680.0183 Franklin Lee flee@mleecorp.com M. Lee Corporation P: 415.999.5619 Secretary: Colm Tully, CCC colm.tully@arup.com Arup P: 415.947.9445 Treasurer: Lauren Scammell, CCT lauren.scammell@arup.com Arup P: 415.957.9445 Webmaster: ymehr.mehr@gmail.com Saylor Consulting P: 925.423.8748 John Haynes, PSP johnhaynes@hillintl.com Hill International, Inc. P: 925.570.4647 Dana Fetrow danaf@spirecg.com Spire Consulting Group P: 415.682.8370 Armen Amijanian a2a5@pge.co PG&E P: 925.415.6334 Chip Golde cgolde@arescorporation.com ARES Corporation P: 925.385.1000 Desmond Orsinelli DOrsinelli@BrwnCald.com Brown & Caldwell P: 925.210.2395 Ann Marie Cox acox@arescorporation.com ARES Corporation P: 510.788.6629 F: 415.682.8365 Past President: Newsletter Editor: Stephen Dupree stephen@frontline-energy.com Frontline Energy Services P: 925.759.0887 John Blodgett j7b2@pge.com PG&E P: 925.785.7313 Data Point Column: Western Winter Workshop Director: Dana Fetrow danaf@spirecg.com Spire Consulting Group P: 415.682.8370 Dues Time trclarki@bechtel.com Advisors: Vice President: Yoram Mehr Tom Clarkin CCE PSP EVP FAACEI F: 415.682.8365 Bill Maddex, CEP Arup bill.maddex@arup.com P: 415.946.1638 If you haven't done so already, now is a good time to renew your dues. You can do so now via our secure website by clicking here: https://www.aacei.org/PortalTools/Login.cfm to log in. If you have changed your address, phone number, or e-mail address in the past year, please update it once you have logged into your profile so we can provide membership services to you without interruption. If you need assistance, contact AACE Headquarters: (phone) +1.800.858.2678 / +1.304.296.8444 (email) info@aacei.org PAGE 6 The San Francisco section of AACE International thanks our Sponsors for their contribution to the 2013 Western Winter Workshop: PAGE 7 PAGE 8 PAGE 9 PAGE 10