Free Witness List - District Court of Federal Claims - federal

Case 1:04-cv-00461-BAF

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CADDELL CONSTRUCTION CO., INC., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

Case No. 04-461C (Judge Futey)

DEFENDANT'S WITNESS LIST Defendant expects to rely upon the testimony of the witnesses identified in the plaintiff's witness list, and expressly reserves the right to call them in defendant's case in chief as if listed herein. In addition, and based upon the

evidence presented during the plaintiff's case, defendant expects to call the following witnesses. Fact Witnesses 1. William Totolo: Department of Veterans Affairs Medical Mr. Totolo is

Center, 1030 Jefferson Avenue, Memphis, TN 38104.

a contracting officer with the Department of Veterans Affairs who administered the contract with Caddell from its inception. He

observed the project from early planning through the completion of construction and also analyzed SSC's claim and issued the contracting officer's final decision. He will testify with

regard to his knowledge of these activities and administration of the contract. This included the review and approval of contract

submittals, contract schedules, RFIs, and other similar items. His direct examination is estimated to take four hours.

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2.

Robert Mitchell:

Department of Veterans Affairs Medical

Center, 1030 Jefferson Avenue, Memphis, TN 38104. Robert Mitchell was the Resident Engineer for structural/civil issues on the project. He will testify to the progress of the work, coordination with SSC regarding structural steel. His direct examination is expected to take one hour. 3. Kirby Caddell: Caddell Construction, Inc., 2700 Lagoon Mr. Caddell is President

Park Drive, Montgomery, Alabama, 36109. of Caddell Construction.

He will testify regarding subcontract

negotiations, job scheduling and other aspects of Caddell's relationship with SSC. take one hour. 4. Hank Williford: Caddell Construction, Inc., 2700 Lagoon Mr. Williford was His direct examination is expected to

Park Drive, Montgomery, Alabama, 36109. Caddell's Contract Manager.

He will testify regarding

subcontract negotiations, job scheduling and other aspects of Caddell's relationship with SSC. expected to take one hour. 5. Larry Anderson: Caddell Construction, Inc., 2700 Lagoon His direct examination is

Park Drive, Montgomery, Alabama, 36109. Mr. Anderson was Caddell's Project Manager for the project. Mr. Anderson

certified the Request for Equitable Adjustment dated February 3, 1998. He will testify regarding the progress of the work, the

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structural steel issues, precast coordination issues, job scheduling and other aspects of Caddell's relationship with SSC, including the preparation and certification of SSC's claim. direct examination is expected to take one hour. 6. Bruce Daniels: Caddell Construction, Inc., 2700 Lagoon Mr. Daniels was His

Park Drive, Montgomery, Alabama, 36109. Caddell's scheduler on the project.

He will testify to the

coordination with subcontractors regarding the planned timing of the work. He was involved in the monthly progress meetings and

he gathered schedule information from the subcontractors for inclusion in Caddell's project schedule and will testify regarding those topics as well. His direct examination is expected to take one hour. 7. John Bosworth: The Williams & Beasley Company, 4001 Mr. Bosworth is He will testify His

Jaffee Street, Dallas, Texas, 75216-4023.

President of The Williams & Beasley Company.

regarding the claim submitted by SSC on behalf of his firm. direct examination is expected to take one hour. 8. Bert Poletti:

Allen & Hoshall, Inc., 1661 International Mr. Poletti was the Allen & He provided responses to

Drive, Suite 100, Memphis, TN 38120.

Hoshall Project Manager on the project.

RFIs submitted by SSC, and he reviewed shop drawings. He will testify regarding structural steel RFIs and shop drawings. His direct examination is expected to take two hours.

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9.

Michael Wess: JMGR, Inc. (which became TRO Jung|Brannen, Mr.

Inc.), 119 S. Main Street, Suite 200, Memphis, TN 38103. Wess was the Project Manager for JMGR. issues raised by SSC and the Government.

He responded to design He will testify

regarding the design and shop drawings. His direct examination is expected to take one hour. Expert Witnesses 10. Patti Jones: CDR Consultants, Inc., 6729 Lonicera Ms. Jones is the President of CDR

Street, Carlsbad, CA 92011. Consultants.

She is an expert in construction project

management, scheduling and delay, and will testify regarding her analysis of Caddell/SSC's claim including all of the construction management, scheduling, and delay issues raised in Caddell/SSC claim, and in response to the analyses prepared by SSC's expert witnesses. 11. Her direct examination is expected to take six hours. Cotton & Company LLP, 333 North 22314. Mr.

David L. Cotton:

Fairfax Street, Suite 401, Alexandria, Virginia

Cotton is managing partner of Cotton & Company, LLP, Certified Public Accountants and is a CPA, CFE, and CGFM. He is an expert

in auditing and analyzing claims brought by and against the Government. He will testify regarding the results of his

analysis of Caddell/SSC's claims, as well as and in response to the analyses prepared by SSC's expert witnesses. examination is expected to take four hours. His direct

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Bryant G. Snee BRYANT G. SNEE Assistant Director s/Brian S. Smith BRIAN S. SMITH Attorney Commercial Litigation Branch Civil Division Department of Justice Attention: Classification Unit 1100 L St. NW Washington, D.C. 20530 Tele: (202) 616-0391 Attorneys for Defendant December 7, 2006

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CERTIFICATE OF FILING I hereby certify that on December 7, 2006, a copy of foregoing "DEFENDANT'S WITNESS LIST" was filed electronically. I

understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/Brian S. Smith