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Arbitrator/Mediator/DRB Member/Claims Consultant/Expert Witness

Certified Forensic Claims Consultant by AACE, Int. providing Contract Claims Evaluation and Preparation, Damage Analysis, Delay and Disruption Evaluations, CPM Schedule Analysis, Contract Interpretation, Evaluation of Project Procedures, Differing site Conditions, Defective plans, As-equal, Changes, Site Access, Expert Testimony, and Dispute Avoidance/ Resolution on Public and Private Projects.


Juris Doctor with honors, George Washington University, 1975

M.S. in Engineering, University of Washington, 1971

B.A.  in Mathematics, magna cum laude, University of Utah, 1969



Residential, Industrial, airports, high rise buildings, heavy engineering and civil work, treatment plants, highways, dams, power lines, power plants, public projects, shopping centers, tenant build-outs, pipelines, sports arenas, bridge work, housing, condominium developments and conversions, casinos, court houses, prisons, government office buildings, hospitals, auto plants, airports, and water and sewer.



Arbitrator (1985 to Present)  Arbitrator in cases involving federal and private, military, commercial, residential, and industrial projects.


DRBs (2000 to Present) DRB member on 3 member and single member panels.


Private Law Practice (1975 to 2000) Litigated and arbitrated construction contract disputes. Counseled contractors on performance issues. Prepared contract forms.


Contracting Officer for CIA (1973 to 1974)


Member of the Colorado, Utah, and California bars. Past member D.C. and Virginia bars. Married. Father of four. Eagle Scout.




04/2015   "Contracts, Claims, and Dispute Resolution" US DOT


10/2014   "Prevent Cost Overruns By Avoiding the Unexpected" Utah DOT


08/2014    "Prevent Cost Overruns By Avoiding the Unexpected" Utah DFCM


05/2014   "Construction Scheduling and Productivity Damages," AACE, Int.


05/2013    "Construction Scheduling and Productivity Damages," Utah Bar Association


08/2010   "Construction Damages," Colorado Bar Association.


     10/2009   "Damages," Utah Bar Association.
     10/2009   "Tricks, Traps And Ploys Used in Construction Scheduling: Legal Issues Relevant to Scheduling
                    and Recovery of Delay Damages," US Army Corps of Engineers.

10/2007   "Construction Claim Issues," The Industrial Company.


08/2006   "Trick, Traps And Ploys Used in Construction Scheduling in Colorado," Lorman.


08/2006    "Legal Issues Relevant To Scheduling and Recovery Of Delay Damages," Lorman.


06/2005    "Construction Delay Claims in Colorado: Litigating A Major Delay And Impact Claim," Co-    authored with William Schwartzkopf, Lorman .


06/2004    "Construction Delay Claims In Colorado: Legal Battlegrounds," Lorman.


07/2003    "Construction Contracting For Public Projects in Idaho: Claims and Damages."


05/2003    "Construction Contracts, Architect Contracts, and Construction Admin., UMAA


02/2003    "Elements Of A Delay And Impact Claim," Lorman.


02/2003    "Loss of Productivity And Acceleration," Lorman.


06/2001    "Construction Claims In Utah: Expert Support and Ethics," Lorman.


12/2000    "Construction Contracting For Public Entitles In Utah: Claims, Causes, and Damages,"

Authored the following published articles (In addition to Seminar Manuals):

A Jobsite Solomon: A Concept Whose Time Has Come: Dispute Review Boards
A Refresher Of General Contract Principles
Alternatives To Court
Architect/Engineer Liability To Contractors And Others
Avoiding Attorneys And Disputes
Bankruptcy And Protecting Your Mechanicís Lien
Beware:  Big Changes In Utah Mechanicís Lien Law
Bid Problems:  Avoid The Mistakes Of Your Competitors
Bound By Unsigned Contracts And Unwise Terms
Brand Name Or Equal
Business Relationships And Loyalty
Changes:  There Is A Limit
Complying With Specs Ė There Are Limits
Contractor Responsibility Despite Owner Control
Contractorís Obligation To Discover Discrepancies
Contractual Procedural Requirements
Cost Recovery From The Government:  Diligence Pays
Court Enjoins Union Ė Only Agreement
Damages Recoverable For A Delay
Delays, Accelerations, And Damages
Delays, Disruption And Acceleration
Duty To Cooperate
Duty To Inquire
Each Party Has The Right To Expect Cooperation
Enforcing A Settlement Agreement
Evaluating Disruptions And Impacts
General Conditions Of The Contract For Construction
General Contract Principles
Getting Paid On Federal Projects
Good Communications Can Prevent Disputes
Highlights Of California Construction Law
How Much Authority Does Your Attorney Have?
Interpreting Your Contract
Jobsite Labor Disruptions
Liability Of Architects To Contractors
Liquidated Damages May Not Be The Limit
Obtaining Information On Federal Projects
Oral Notice May Not Be Enough
Overruns And Their Causes
Owner Entitlement To Strict Compliance With Specifications:  There Are Limits
Piercing The Corporate Veil
Preventing Disputes:  Revisited
Pricing Change Orders
Problem Avoidance
Problem Detection And Prevention
Problem Prevention
Problem Solving Through Business Divestiture
Read Your Contract Ė It Might Be Enforced
Recovering Cost From The Government:  Diligence Pays
Recovering The Maximum On Your Mechanicís Lien
Releases, Part II:  More May Be Waived Then You Expect
Relief From Bid Errors
Review Your Indemnity Provision
Safety, Contracts, And Workerís Compensation
Self-Improvement Analysis:  Donít Let It Be Used Against You
Subcontract Payment Provisions
Subcontract Relations
Ten General Contract Principles:  A Reminder And Review Of The Basics
The Overzealous Owner
Unit Priced Agreements
Upward Correction Of Erroneous Bids
Utah Legislature Implements ADR:  Alternative Dispute Resolution
When Is A Release Not A Release?
When The Plans And Specifications Have Defects
Who Bears The Cost Of Change Order Preparation:  The Contractor Or The Owner?
Who Bears The Risk Of Defective Specifications?
Your Business Organization