John H McTyre

John H McTyre is a widely experienced civil engineer with more than 35 years of construction industry experience. He provides claims analysis and expert witness services and has provided expert testimony in various venues (more than 20 times) in English and Spanish. He has made more than 20 mediation presentations.

With a robust career spanning more than 35 years, John McTyre excels in providing top-tier delay and damages analysis in high-stakes construction projects and disputes spanning the energy, infrastructure and utilities sectors.

Lexology Index – Consulting – Construction – Quantum, Delay and Technical

John is recognized and accepted as an expert in judicial proceedings and has testified in both federal and state courts, as well as in arbitral proceedings. He has delivered numerous depositions and has been cross-examined in matters of delay analysis and damages, schedule analysis and loss of productivity. John is also widely experienced in mediation and served the Department of Labor in the analysis of major claims for 20 years.

John provides dispute resolution services ranging from analysis and preparation of delay claims and related cost impacts to inefficiency studies and construction change entitlement issues. He has led teams in analyzing complex international and domestic disputes including airports, detention facilities, light rail, LNG plants, office buildings, power plants, pipelines, refineries, schools, sewer treatment facilities and stadiums across the USA and South America.

John’s extensive construction background spans 10 years of full time, onsite management assignments on a wide range of projects including healthcare, office buildings, roads, parking structures, renovations, residential, and interior construction. His construction expertise also includes scheduling, critical path method and cost engineering.

John H McTyre served as an instructor at Catholic University of America’s Graduate School of Civil Engineering from 2002 to 2015. He is familiar with the varied software packages commonly used in scheduling and project analysis.

John is very thorough in his analysis. He is calm and clear in his presentations. He has great writing skills and very strong advocacy skills.

Emyr Evans

Emyr Evans is a Chartered Quantity Surveyor and barrister (non-practising) with over 30 years of construction industry experience. He is an internationally experienced quantum expert witness and has acted on many high-value disputes up to US$1 billion. He has been instructed on more than 50 occasions.

Emyr produces highly effective reports. A top-class quantum expert. He is always calm and reliable”

Lexology Index – Construction – Thought Leader

Emyr is involved in the preparation, analysis and submission of expert witness reports and in the preparation and defence of contractual claims. He has given oral testimony on nine occasions in London, Paris, The Hague, Helsinki, Rotterdam, Toronto and Khartoum, and has experience of delivering concurrent evidence (or ‘hot-tubbing’) and giving expert evidence online.

He has strong commercial and contractual knowledge, having worked with a range of standard forms of contract as well as various bespoke forms of contracts. He has experience of dispute resolution including international arbitration hearings, pleadings for arbitration (domestic and international), referral notices and responses in adjudication, statements of claim, counterclaim and defence submissions and resolution via negotiation.

Emyr has been appointed as quantum expert in construction and engineering disputes across the UK, Europe, North America, Africa, the Middle East and Asia. He has experience and expertise across a variety of sectors ranging from aerospace, buildings, industrial and infrastructure to oil and gas, offshore platforms, rail, roads and tunnelling, power and renewables, and technology.

Emyr is a fellow of the Royal Institution of Chartered Surveyors, the Chartered Institute of Building and the Academy of Experts, and a member of the Honourable Society of Gray’s Inn. He is an Academy of Experts qualified expert determiner and has completed an advanced professional award in expert witness evidence with Legal Experience Training and a civil expert witness certificate with Cardiff University. He holds a BSc (Hons) in Quantity Surveying, an MSc in Construction Management and an LLB (Hons) law degree and is highly regarded by clients and peers alike.

Emyr possesses a combination of the sharp mind and polite personality. He is great in cross-examination. Mr Evans offers his clients thorough research and capability to understand complex projects and problems.

James McKay

James McKay is a professional engineer and registered architect with over 40 years of diverse experience in the engineering and construction industry. He regularly acts as expert witness regarding delay, quantum and technical disputes and has experience as both an arbitration panel member and a mediator.

James has acted as expert witness across a range of construction specialities on numerous occasions. He has been cross-examined more than 30 times at litigation and arbitration in a variety of US Federal and State courts, in US arbitrations and mediations and in international arbitration.

James has supported clients in over 100 construction disputes. These have ranged from issues of defective design, construction means and methods, cost overruns, lost productivity, and schedule delays and acceleration. He specialises in the analysis of complex construction disputes and the quantification of damages.

James has worked for owners, architects and engineers, construction managers, general contractors and speciality contractors across North America. His project experience includes power plants (fossil, nuclear and hydroelectric), industrial facilities (steel mills, refineries, auto assembly plants), defence systems, public buildings (schools and courthouses), and commercial facilities (office buildings, hospitals, hotels, and casinos).

James McKay is a highly-qualified, experienced and respected construction professional. He holds a master’s in architecture and is also qualified in building sciences. He is a registered architect in Pennsylvania, Illinois and Florida and a professional engineer in Pennsylvania, Maryland, New Jersey, Delaware and Florida.

Dan Feinblum

Dan Feinblum is a Partner with more than 20 years of experience in design and construction projects. A registered professional engineer and certified project management professional, he has been engaged as an expert in the areas of delay and quantum on more than 15 expert appointments.

Dan has great attention to detail and thoroughness of investigation. His skills include detailed schedule analysis and disruption analysis. His strength is in handling multi-event delay issues.

Lexology Index – Construction

Dan combines his practical experience from being a transportation design engineer, field inspector, geotechnical laboratory technician and a university faculty member with wide ranging consultancy skills. His project experience includes airport, rail, highways and bridges, large public infrastructure projects and energy infrastructure throughout North and South America.

As an expert, Dan has been cross-examined in litigation, arbitration and mediation and has delivered sworn depositions. He evaluates and develops claims, determines merit and quantum for disputed change orders, and provides litigation support services related to delay, disruption and the calculation of damages. He has developed detailed CPM schedule analyses, including analyzing as-planned and as-built schedules to determine entitlement and allocate project delays. Dan’s experience also includes quantification of extended performance costs and calculating loss of labor productivity. Clients have described Dan’s work product and testimony as being “of an extremely high quality” and being presented in manner that was “understandable to the layperson.”

Dan’s project control and risk management experience includes conducting probabilistic schedule analysis utilizing Monte Carlo simulation, developing baseline schedules, advising clients on risk management and project controls, establishing risk registers and associated mitigation plans, maintaining project schedules, identifying cost drivers on over-budget projects prior to contract award and establishing web-based document and project control systems.

Dan is a Professional Engineer in California, Hawaii, Maryland and Nevada, a certified PMP (project management professional), a LEED (leadership in energy and environmental design) accredited professional and a member of the American Society of Civil Engineers, the Project Management Institute and the Construction Management Association of America. He has presented on the topics of construction best practices and risk assessment to a variety of construction bodies.

Dan Feinblum distinguises himself as a go-to expert for high-value delay claims arising from public infrastructure projects, with particular expertise in the transportation sector.

Daniel Kwon

Daniel Kwon is a Professional Engineer with more than 20 years of construction industry experience. His civil engineering and on-site experience, coupled with both claims and management consultancy experience, provides a strong basis for his roles as both an expert in delay and technical disciplines, as well as his service providing strategic advice to the construction industry.

Known for delay and quantum analysis on mega-projects, Daniel Kwon is a prominent construction expert consistently praised for his clarity and strategic insights in disputes.

Lexology Index – Consulting – Construction – Quantum, Delay and Technical

Daniel has acted as an expert witness and expert assistant, providing reports and presentations in support of settlement negotiations, mediation, deposition, arbitration, and trial. He has testified in deposition, mediation and arbitration and has completed various expert witness training programmes with the American Bar Association (ABA) and SEAK.

Daniel has identified, prepared and defended claims across a wide range of industries, focused on schedule delay, lost productivity, contractor performance and standard of care, acceleration, and assessment of claims recoverability. He has prepared as-planned and baselines schedules, created extensive as-built schedules from historical data, served as a contemporaneous project scheduler, performed construction cost assessments, and estimates for replacement construction.

Daniel’s project experience includes serving as an on-site scheduler, project management of a US$10 million presidential library addition, and estimating duties on bids in excess of US$100 million. He has also served as a management consultant, delivering project evaluations, policy and procedure guidance, and cost assessments/audits. He has provided technical support and consulting assistance on mega-projects valued at more than US$20 billion in the oil and gas, nuclear, hospitality, mining, pharmaceutical and life sciences, and construction industries.

Daniel is a LEED (Leadership in Energy and Environmental Design) accredited professional and holds both a bachelors and master’s degree in civil engineering. He has presented to the Los Angeles Bar Association on the topic of ‘Structural Engineering 101 for Lawyers’ and has written for the ABA Construction Accounting publication regarding ‘Pricing of Construction Claims’.

Daniel is knowledgeable and presents information clearly and in manner that is understandable to the jury. Daniel’s understanding of the issues, timeliness and responsiveness was impressive.

Rocco R Vespe

Rocco R Vespe is a civil engineer with over 40 years of construction industry experience. He has been appointed as an expert more than 35 times in delay, quantum and technical matters.

Rocco has extensive hands-on construction experience. His thoroughness and ability to convey technical concepts to laypeople are impressive. He has a strong attention to detail.

Lexology Index – Construction

Rocco has testified on 20 occasions in litigation and arbitration, has delivered more than 20 sworn depositions and taken part in numerous mediations.  In addition to preparation of expert reports and trial testimony, he has drafted interrogatories, prepared questions for depositions and cross-examination, and developed trial exhibits for disputed projects with values in excess of $1 billion.

Rocco’s background includes 20 years as a general and concrete contractor followed by more than 20 years as a claims consultant. His construction experience encompasses transportation infrastructure, including roads, bridges, and parking structures; manufacturing, power, chemical and petrochemical plants; and buildings ranging from municipal, commercial, and residential to hospital, medical, hotel, gaming, stadiums, educational, shopping centres, casinos, and restaurants. He is a skilled negotiator and works with parties to both resolve and avoid disputes during construction and following project completion. He has also provided both public and private owners with representation and construction management services.

Rocco’s expertise includes project management, construction management, cost estimating, schedule and delay analysis, disruption and inefficiency, construction defects, claims evaluation, delay and damages, contractor and construction manager performance evaluations, competitive bid, negotiated, design-build, guaranteed maximum price (GMP) projects, troubled project intervention, and OSHA and safety evaluations. He also provides post-accident, personal injury evaluation of the roles and responsibilities of project parties in federal and state court.

Rocco R Vespe is a professional engineer registered in Connecticut, Florida, Maine, Maryland, New Jersey, Pennsylvania, and South Carolina. He is one of 61 fellows of the Construction Management Association of America (CMAA) and a member of the CMAA National Committee that issued the 2015 CMAA Standards of Practice. He has written articles, as well as developed and taught seminars nationally, on project management, construction management performance, claims avoidance, risk management, alternative contracting methods, change order management, construction defects, and delay analysis. He also co-authored a McGraw Hill textbook, Construction Estimates: From Take-off to Bid, as well as many articles on construction claims.

Rocco Vespe is a highly experienced specialist in construction-related litigation and arbitration, with extensive expertise in delivering expert testimony on delay and disruption analysis, quantum assessments, personal injury and technical claims.

Wayne DeFlaminis

Wayne DeFlaminis is a mechanical engineer with over 25 years of construction industry experience. He has been appointed as expert in matters of delay, quantum and disruption on more than 35 occasions.

Wayne communicates the complexities of delay analysis in a clear and coherent way. His analytical and writing skills are top-notch. He is a master of the subject matter.

Lexology Index – Construction – Thought Leader

Wayne is a recognized construction industry expert and has been cross-examined in litigation and arbitration. He has provided expert testimony on topics involving critical path method (CPM) scheduling, delay analysis, loss of productivity and disruption, cost impacts, construction finance and construction management principles; drawing on his prior experience in both mechanical engineering and construction management.

As a consultant, Wayne has advised and supported a wide variety of disputed project in matters ranging from critical delays and performance to change order cost impacts and disruption.

Wayne’s project experience includes military bases and government facilities, nuclear facilities, utility infrastructure and “green energy” projects, oil production and processing plants, mass transit systems, roadways and bridges, hotels and condominiums, entertainment venues, higher education institutions, residential and commercial real estate transactions, and IT implementation projects. He has worked in the Bahamas, Canada, Chile, Qatar, and across the USA.

Wayne has presented seminars, written published articles, and given speeches and presentations on topics such as construction claims avoidance, CPM scheduling, auditing and fraud prevention. He is a member of the Delaware Association of Professional Engineers and Maryland State Board of Professional Engineers, the Association for the Advancement of Cost Engineering, the American Bar Association, Washington Building Congress and the Association of Certified Fraud Examiners. Wayne is an officer of the board of directors of the ACE Mentoring Program of Greater Washington, DC.

Wayne DeFlaminis is an established mechanical engineer with a strong focus on construction disputes and project experience encompassing a diverse range of sectors, including infrastructure and residential developments.

Lorna Cuthbertson Tardif

Lorna Cuthbertson Tardif is a registered professional engineer with over 35 years of experience in claims consultancy, dispute resolution and project advisory services across the construction industry. She has been appointed as an expert on more than 200 occasions as both a delay and quantum expert.

Lorna Tardif is a standout arbitration expert witness with “a wealth of knowledge in her area of expertise” which she frequently lends to high-stakes, multimillion-dollar disputes.

Lexology Index – Canada – Arbitration

Lorna has been retained as an independent expert by owners, contractors, design professionals, and financial institutions. She has given expert witness testimony before courts and arbitration panels across Canada and in the USA. She has also sat as an arbitrator and has mediated the resolution of construction disputes.

Lorna has a strong focus on effective project controls and has made innovative use of analytics in her work. Her expertise lies in delay analysis, analysis of labour productivity and quantification of damages and she has experience on many large, complex and high-risk projects.

Lorna has held general contractor, on-site positions on major construction projects across Canada and was the project manager on a complex tunnel boring machine (TBM) project. She founded and managed an independent advisory firm for 25 years, providing project management and construction claims services to both Canadian and international clients.

Lorna holds a bachelor’s degree in civil engineering, a master’s in business administration and is a member of the Institute of Mediation and Arbitration – Quebec. She is a frequent speaker, has published papers, and has developed and delivered training programs in both English and French.

Lorna Tardif is a stand-out expert, highly sought-after for her “knowledge and experience” paired with “analytical and presentation skills”. Lorna’s advice is often solicited on complex energy projects requiring the knowledge of delay and quantum analyses.

Ken Baker

Ken Baker has more than 45 years of experience in the construction and engineering industries. A registered professional engineer and a licensed general contractor, his varied, hands-on project experience provides a strong basis for over 180 expert appointments in various delay, disruption, and quantum matters.

Kenneth is an incredibly strong expert. He is incredibly insightful regarding schedule analysis methodologies. I highly recommend Kenneth”
Lexology Index – USA – Construction – Thought Leader

Ken develops expert reports and provides expert testimony in arbitration, litigation and mediation. He specializes in complex construction claims related to delay, lost productivity, acceleration, disputed contract scope and extra work, professional practice issues, construction defect matters, and claim damages. In support of his extensive expert testimony experience, he has developed graphs, charts spreadsheets, annotated schedules, and visual displays of quantitative information for use as trial exhibits and in expert presentations. He has been cross-examined at arbitration and trial on more than 23 occasions, including concurrent evidence (hot-tubbing).

Ken has worked as principal engineer, structural engineer, project manager, construction manager, and in various leadership roles in the contracting, construction management, and claims arenas. He has been involved in design-construction programs and projects across North America ranging from major infrastructure developments including rail, roadways, bridges, and dams; a wide variety of commercial, institutional, laboratory-research, residential, and retail building projects; and major power, water, waste-water, and industrial facilities.

Ken’s claims-related expertise includes the identification and evaluation of construction and real estate risk; claims concerning schedule delay and extended performance, lost productivity and disruption, and acceleration; scope, documentation, and contract performance requirements; general contractor performance issues; construction manager professional practice issues; and construction defect matters. He has prepared and evaluated as-planned and as-built schedules, contemporaneous and retrospective delay analyses, productivity impact and acceleration analyses, issue merit and responsibility analyses, construction defect lists and repair cost estimates, and cost and damages claims. Ken also provides services to clients in the areas of project advisory risk assessments, claims avoidance and mitigation; distressed real estate asset investigations; mechanics lien claim analysis, priority and valuation; construction management, and general contracting services during pre-construction, design, construction and post-construction.

Ken Baker has written articles and delivered numerous seminars regarding his specialist subjects. Clients agree that Ken is a “consummate professional” and that his expertise has been “a key component in being able to reach a negotiated settlement”. Others agree that he “quickly grasped the issues… successfully bridged the gap between the parties” and that he is skilled in “meticulously gathering data and researching… works without bias and in the most neutral manner possible”.

Ken has a deep knowledge of construction practice which he employs to provide effective dispute resolution services to his clients. He comes across as sensible, practical and credible on the stand. I highly recommend Ken for complex construction disputes.

Tim Chitester

Tim Chitester is a registered professional engineer with over 45 years of experience in the engineering, design and construction industry. He is an authority in the resolution of construction disputes, construction claims, project management and property loss and business interruption claims. Tim has been appointed as a delay, quantum or technical expert on more than 100 occasions.

Timothy is a very smart practitioner. He is a first-rate scheduling and delay expert. He has tremendous experience as an expert witness in complex construction litigation.

Lexology Index – Construction

Tim is a recognized construction expert and has testified in federal court, federal mediation, state court, AAA arbitration, ICC arbitration and in other international arbitration forums. He provides expert reports and testimony, for disputes ranging from millions to those in excess of $1 billion, across Asia, Europe, the Middle East and North and South America. He has acted as expert in matters of construction management, contractor and engineer standard of care, trade use of contracts, cost, schedule, and productivity with resultant delay and disruption.

Tim has provided property loss and surety support services, including the review and evaluation of more than 150 contractors, for standard of care and project implementation programs. He also provides consultancy for clients regarding energy services, from energy conservation and demand side management to central utility plants and distributed generation.

Tim is widely experienced as an engineering manager and project manager. He has a background as an engineering, procurement and construction (EPC) contractor working on a variety of healthcare projects across North America. He also has hands-on EPC and consulting experience in projects ranging from industrial, process and utilities to power generation, oil and gas and buildings.

Tim is a licensed professional engineer in the states of Florida, Iowa and Pennsylvania, and holds a Bachelor of Science degree in mechanical engineering from the University of Pittsburgh. He is a member of the ABA Forum on Construction Law, the ABA TIPS property law section, the Loss Executives Association and the American Society of Mechanical Engineers; and has been published on matters of construction disputes on numerous occasions.

Timothy Chitester is a leading quantum, delay, and technical expert with over 45 years of global experience providing high-quality, expert analysis on the cost and schedule impacts of delay and disruption across multi-billion-dollar construction disputes.

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