Construction claim consultant; construction claims analysis and monitoring during the performance of a project. Claim preparation, litigation support, expert witness, consulting, and dispute resolution, specialized in underground work and deep foundations i.e. pile driving (concrete/steel), drilled shafts, caissons, drilling, vibratory work, sheet piling.

LANGUAGES

English and Spanish

PROFESSIONAL:

From 1966 to 1980 worked for Constructora Alo S.A., a general contractor in Mexico, being project superintendent to become its General Director performing public and private projects over 150 million dollars.

In 1980 became the representative in Mexico of Lee Turzillo & Co. (US inventor for pile auger cast system).  Under his direction and supervision, about 15 foundation projects were performed in Mexico. Auger cast piles consist of a continuous hollow stem auger that is placed to the tip of the pile, extracted as grout is poured (in situ) and then a rebar cage is placed within the grout.

From 1980 to 1985 General Manager of Cimentaciones Profundas S.A., one of the leading foundation contractors in Mexico, where in excess of 300 deep foundations projects were performed, which included pile driving, drilled piers, steel sheet piling and caissons.

Directed Cimentaciones Profundas, S.A. de C.V. from1981 through 1985 and also worked as a Prime Contractor in projects of Fertilizantes Mexicanos in their industrial plant in Pajaritos, Veracruz successfully completing $35 million dollars of work.

From 1986 to date President of Intra-American Foundation and Drilling Company, Inc. (IAFD) an Arizona corporation that has been in business for 23 years and had an “A” license in the State of California and a “B” license in Arizona. IAFD, a general contractor, certified as Minority which specializes in deep foundations (drilled shafts, caissons, pile driving, concrete tunnel segments, shoring and tie backs). IAFD has successfully completed more than 1,600 foundation projects with a value over $140 million dollars in California, Arizona and Nevada.

From September of 2006 to date working for a pile driving contractor Stroer & Graff, Inc. in Southern California where 40 pile driving projects have been successfully completed.

CURRICULUM VITAE OF WORK & SPECIFIC TASKS PERFORMED

Directed all main office engineering, administration, estimating, contract, risk assessment, construction claims and field operations.  Researched, organized and prepared construction related claims, and either negotiated their resolution or asserted their merits in arbitration, mediation or trial. Marketed the company’s services to contractors and owners in both the public and private sectors, implemented computerized job costing and estimating techniques, from which pro-forma, operating cash flows, were generated.

ASSIGNMENTS:

• Counselor to Financiera Intercontinental, S.A. (financial institution, construction loans for infrastructure projects), 1975-1978.
• Member of the Board of Directors of Banco Familiar (financial institution), 1976-1978.
• Member of the Board of Directors of the Mexican Chamber of Construction, 1977-1979.
• Coordinator of the Joint Committee of the Mexican Chamber of Construction and the Institute for the Social Security of the Government employees, 1977-1979.
• Coordinator of the First Mexican National Symposium of Management of Public Construction Projects, 1993.
• Member of the National Committee of the Mexican Engineering Society of Soil Mechanics, 1983-84.
• Member of the Board of Directors of the Mexican Chamber of Construction, 1983-1985.
• Director of the Foundation and Drilling Contractors Committee, 1984-85.
• Coordinator of the Joint Construction Committee of the Mexican Chamber of Construction and Fertimex (public company owner of all the fertilizer plants in Mexico), 1984-85.
• Director of the Mexican Foundation and Drilling Contractors before the ADSC (International Association of Foundation and Drilling Contractors), 1984-85.
• Member of the West Coast Chapter of the ADSC (Drilled Shaft Association) in the Joint Foundation Committee for CALTRANS, 1991-1992.
• Member of the 1992 Drilled Shaft Seminar to prepare drilling foundation inspectors (ADSC – Arizona DOT) in Phoenix, Arizona.
• 1994 Member of the Deep Foundations Institute.

DIPLOMAS & AWARDS:

• Honorable mention from the Mexican National University (Economics – 1972).
• Distinguished Member of the Mexican Chamber of Construction 1979 & 1985.
• Distinguished Member of the National Foundations Committee (Mexico) 1983
• 1991 Hispanic Contractor of the year for the State of Arizona.

SUMMARY OF DEEP FOUNDATION WORK

40 years of experience in Construction.
Mexico- 350 projects.
Arizona, California and Nevada- 1,600 projects.

Mexico project owner:

Secretariat of Transportation- 25 projects
Fertilizantes Mexicanos- 12 projects
Pemex- 4 projects
National Port Authority- 3 projects
Industrial Port of Lazaro Cardenas, Michoacán- 2 projects
Mexico City- 15 projects
Mexico State- 10 highway projects

United States Project Owners:

Arizona Department of Transportation (ADOT)- 84 projects.
California Department of Transportation (Caltrans)- 124 projects.
Maricopa County, State of Arizona -5 projects
City of Los Angeles, California- 12 projects.
City of Newport Beach- 1 project
City of Camarillo- 1 project
City of Moorpark CA – 1 project
City of Temecula CA 1- project
City of Riverside CA 1- project
San Diego Naval Station, California 1- project
Orange County Sanitation District 2 – pile driving projects.
Los Angeles Unified School District- 3 projects
Orange County Water District 1 project
Port of Long Beach / Board of Harbor Commissioners- 1 project
Private projects- 425

*Note: Upon request, a list of projects for California and Arizona can be provided.

PUBLICATIONS

Cost Analysis for the Deep Foundation Industry. Deep Foundation Group (August 1983)
(Includes cost for equipment, labor rates, concrete and utilization charts)

CONSTRUCTION CLAIMS

Responsible for analysis preparation and presentation of claims. Provide technical and litigation support to attorneys.

EXPERT TESTIMONY

• Arizona Department of Transportation drilled piers River Bridge Project at Holbrook, Arizona. Arizona Department of Transportation Project BHD-027-1(12). Pulice Construction, Inc. Existence of petrified wood embedded in Coconino formation was a Differing Site Condition. AAA Arbitration. Attorney Joseph McGary, Lewis and Rocca.
• 84″ Drilled Shaft Foundation State Highway in Los Angeles County, in El Segundo and Los Angeles, from Sepulveda Boulevard to 0.1 mile East of Aviation Boulevard District 07, Route 405 07-LA-105-R0.5/R1.6, California Department of Transportation Contract No. 07-060274 Pile Shaft 40B. Kasler Corporation. Office of Administrative Hearings (OAH) Arbitration No. A-0006-84. Encountering sea water and water at a higher level than shown in the log of test borings was a change in character of work and an unforeseen Differing Site Condition. Caltrans directive to permanent steel die hole was a constructive directive. Attorney John G. Ryan.
• Caissons Irvington Road Bridge, City of Tucson Contract No. 0098-92. Arbitration City of Tucson. Expert for Quality Paving & Utility Company. Boring logs prepared by Western Technologies, Inc. indicated material to be dense, with clay and silt. Sands had no binders, were of a running condition and collapsed which constituted a Differing Site Condition. Attorney John G. Ryan.
• Phoenix, Arizona, expert witness for Gil’s Drilling and Excavation, Inc. regarding safety measures to cover open drilled shafts between excavation and concreting. Attorney William J. Downey (Rake, Downey, McGovern & Shorall). Deposition and testimony in Maricopa Superior Court case No. CV 90-20927 Thomas J. Walters and Sue Walters vs. Gil’s Drilling and Excavation, Inc. and MGC Contractors, Inc. An employee of Gil’s Drilling and Excavation, Inc. had fallen inside of an open hole, which was being prepared for rebar setting and concreting and was suing Gil’s and his insurance company.
• CIDH sound wall Piles. La Mesa and Lemon Grove at various locations on Route 94 from Euclid Overerossing to Grove Street Overcrossing and on Route 125 at Campo Road On-Ramp. California Department of Transportation Contract 11-033364. Granite Construction Company. OAH Arbitration No. A-0005-94 Attorney Jack V. James. Water at higher elevation than shown in the log of test borings constituted a Differing Site Condition.
• Concrete Pile Driving Placenta Creek Bridge, San Fernando Road, Santa Clarita, California. California Department of Transportation Contract No. 07-400514. Granite Construction Company. OAH Arbitration No. A-0004-94. Attorney Leroy M. Gire. Discovery of boulders larger than diameter of the pile and not shown in the log of test borings constituted a Differing Site Condition. Concrete piles were cracked because of this unforeseen change condition.
• Concrete Piles Driven Sycamore Creek Bridge, Replacement Bridge Santa Barbara, County of Santa Barbara from 0.2 mile West of Ninos Drive to 0.2 mile East of Sycamore Creek Bridge. California Department of Transportation Contract No. 05-339104. C.A. Rasmussen, Inc. OAH Arbitration File No. A-0044-99. Attorney Edward Ballard (Weule, Broyles, Ballard & Mondo). Contract Special Provisions prohibited pre drilling for pile driving. Due to unforeseen hard lenses, predrilling became necessary. Defective specifications and Differing Site Conditions.
• CIDH Piles Retrofit of Peck Road Undercrossing, Valley Boulevard Under crossing and San Gabriel River Bridge on Interstate Highway 10 in Los Angeles in the City of El Monte (07-LA-1029.4/30.8). California Department of Transportation Contract No. 07-167704. D.W. Powell Construction Inc. OAH Arbitration File No. A-0027-99. Caving soils and boulders were a Differing Site Condition. Attorney Joel G. Phillips.
• Drilled Holes for soldier piles San Rafael Avenue between Mayo Street and Moon Avenue. City of Los Angeles Contract No. W.O. EXX81334. Clark Contracting Corporation. Attorney Mary A. Salamone of Gibbs, Giden, Locker & Turner LLP. Very hard rock layers not shown in the log of test borings constituted a Differing Site Condition
• Drilled Shaft Foundations Carefree Highway – 7th Street to cave Creek Maricopa County Department of Transportation. MCDOT Project 69003. FNF Construction. Attorney Christopher C. Keller. Boulders not depicted in the log of test borings, neither in the Geotechnical Report and larger than de diameters of the shafts constituted a Differing Site Condition and an impossibility to construct.
• Steel sheet cofferdam and concrete pile driven. New River Bridges in Imperial County in and near Brawley from Las Flores Drive to 0.1 mile North of Brandt Road. State of California Department of Transportation. Contract No. 11-052304. Macro-Z Technology Company. Office of Administrative Hearings File No. A-00020-99. Attorney Eric Solares. Artesian conditions made it impossible to maintain a steel sheet pile cofferdam. Caltrans failed to disclose its superior knowledge or previous difficulties by other contractors, defective design, and Differing Site Conditions made the project unbuildable. Termination of the project for the convenience of Caltrans was inappropriate.
• Concrete pile driving project for the City of Moorpark, expert witness for TM Engineering, Inc. Attorney Bradley A. Raisin. Testify regarding the adequacy of the pile design, pile design changes, differing site conditions.
• CIDH piles for State Highway in Los Angeles from Avenue 52 Over crossing to 0.1 Mile South of Via Marisol. California Department of Transportation Contract 07-404104. Office of Administrative Hearings (OAH). Expert witness for Leigh Construction Company regarding the impossibility to drill 16″ diameter CIDH piles with cobbles and boulders layers which made the design of the diameter of the CIDH pile defective and the existence of a Differing Site Condition. Attorney Bradley A. Raisin.
• Steel sheet pile damage caused by a vibratory hammer during the installation. Bridge widening near Corona, Riverside County- CA/DOT widen North of Santa Ana River Bridge to South of 91/71 Highway separation. California Department of Transportation Contract 08-3564U4. Lawsuit on the Superior Court of the State of California for the County of Riverside (Case No. RIC 37778) D.P. Nicoli, Inc. v. Leigh Construction Company. Expert witness for Leigh Construction Company regarding the damage to the steel sheet piling rented from D.P. Nicoli were normal wear and tear, and that the interlocks of the sheet piles caused the problems. Attorney Armenak Kavcioglu.
• Construction on County Road 99W at Cache Creek Bridge County of Yolo Planning and Public Works Department. Shasta Constructors Vs. E.P. Jarrett Foundation, Inc. before the Office of Administrative Hearings State of California Case No. A-0024-04 Attorney Edward Ballard
• Construction of a new bridge over Hayfork Creek in Trinity County California. California Department of Transportation (Caltrans) Contract No. 02364104. Shasta Constructors, Inc. Vs. Case Pacific Company. In the Superior Court of the State of California in and for the County of Trinity Case No. 05 CV 051 Attorney Benedict C. Di Ducca for Shasta Constructors, Inc. Referee Ernest Brown. Expert witness for Shasta Constructors regarding the mismanagement of the CIDH pile work by Case Pacific.
• Construction of a new bridge known as “Fresno Madera Counties North of Kerman and Barstow California. For California Department of Transportation Caltrans Contact No. 06-402904 W. Jaxon Baker and Shasta Constructors a joint venture and Interested Party Stroer & Graff, Inc. Failure to drive steel sheet piles into the ground due to unforeseen subsurface conditions. Caltrans had superior knowledge due to buried man-made objects performed on the previous contract at the same site.
• Construction of Security Command and Control Center for the Port of Long Beach. Owner City of Long Beach and Department of Homeland Security. Pile driving project of 24-inch octagonal piles defective design and differing site conditions. Lawsuit against City of Long Beach, Board of Harbor Commissioner, FIR International, Inc. Arch Insurance Company and Harford Fire Insurance.
• Orange County Sanitation District. Project located in Huntington Beach, California Project consisted in the construction of 6 trickling filters the foundation system consisted of 96,355 lineal feet of 14-inch square precast prestressed concrete piles. Lawsuit against J.F. Shea Construction, Inc. and Orange County Sanitation District, Travelers Casualty and Surety Company of America and Deposit Company of Maryland and Zurich American Insurance Company.

DISPUTE REVIEW BOARDS, DISTRICT REVIEW HEARINGS & MEDIATION.

• Arizona Department of Transportation – 7
• Bureau of Indian Affairs / Federal Highway Administration -1
• California Department of Transportation – 14
• Nevada Department of Transportation – 1
• City of Los Angeles – 4
• Los Angeles County Metropolitan Transportation Authority – 3
• Metropolitan Water District of Southern California – 1
• County of Orange, Orange County Board of Supervisors – 1
• County of Santa Barbara CA – 2
• County of Yolo-1
• City of Phoenix-4
• City of Tucson-1
• Maricopa County Department of Transportation – 3
• Maricopa County Criminal Justice Facilities Development Department – 2.
• Port of Long Beach -1
• Orange County Sanitation District -1
• Trinity County of California – 1
• Private owners – 10.

DEPOSITIONS

90