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”
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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, [email protected]"
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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
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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
[email protected]
Bechtel Corporation
Project Controls Consultant P: 415.680.0183
Franklin Lee
[email protected]
M. Lee Corporation
P: 415.999.5619
Secretary:
Colm Tully, CCC
[email protected]
Arup
P: 415.947.9445
Treasurer:
Lauren Scammell, CCT
[email protected]
Arup
P: 415.957.9445
Webmaster:
[email protected]
Saylor Consulting
P: 925.423.8748
John Haynes, PSP
[email protected]
Hill International, Inc.
P: 925.570.4647
Dana Fetrow
[email protected]
Spire Consulting Group
P: 415.682.8370
Armen Amijanian
[email protected]
PG&E
P: 925.415.6334
Chip Golde
[email protected]
ARES Corporation
P: 925.385.1000
Desmond Orsinelli
[email protected]
Brown & Caldwell
P: 925.210.2395
Ann Marie Cox
[email protected]
ARES Corporation
P: 510.788.6629
F: 415.682.8365
Past President:
Newsletter Editor:
Stephen Dupree
[email protected]
Frontline Energy Services
P: 925.759.0887
John Blodgett
[email protected]
PG&E
P: 925.785.7313
Data Point Column:
Western Winter Workshop Director:
Dana Fetrow
[email protected]
Spire Consulting Group
P: 415.682.8370
Dues
Time
[email protected]
Advisors:
Vice President:
Yoram Mehr
Tom Clarkin CCE PSP EVP FAACEI
F: 415.682.8365
Bill Maddex, CEP
Arup
[email protected]
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) [email protected]
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The San Francisco section of AACE International thanks our Sponsors
for their contribution to the 2013 Western Winter Workshop:
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