Free Response to Motion - District Court of Federal Claims - federal

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CHARLES P.

ADKINS,

P.E.

PRESIDENT/PRINCIPAL CONSULTING EXPERTISE

ADKINS & COMPANY, INC.

Construction consulting expertise includes strong credentials and proven capabilities in the evaluation of delayed, impacted, or problemprojects; the prevention and resolution of contract disputes; the assessment and crisis management financially-troubled engineering or construction firms; the investigation and of resolution of insurance claims, to include surety claims consulting and A/Eprofessional liability defense work; bankruptcy consulting and problem loan workouts; and the management contracting programs of and entities. Background experience is not only extensive but also broad-based, including hands-onroles as an owner's representative-11 years with the U.S. Army Corps of Engineers; as a project managerand construction company executive (7 years); and as a consultant (18 years) to virtually all types participants in the construction industry - owners, architects/engineers, contractors, insurance companies, fabricators, financial institutions, etc. Enhanced capacity to assess crises and to resolve disputes based upon the unique insights and valuable perspectives gained through this diverse experience. Representative major assignments: EXPERT TESTIMONY Expert testimony experience on behalf of Marriott Corporation which terminated the general contractor for untimely performance on a $40 million retirement community/health care conslraction project, resulting in a favorable $3 million net judgment. Expert testimony on behalf of the Department of Justice on scheduling, constraction and damages issues to defend the USCoast Guardagainst a $6.5 million contractor claim alleging changedsite conditions, design errors, and ownerinterference on a major housing project in Kodiak, Alaska. Adkins' discrete delay and damageanalyses refuted the applicability of a total cost approach and demonstrated that the overruns were not caused by the government. Therefore the contractor was a~vardedless than 5%of its claimed delay/impact damages. Testimony before the ArmedForces Board of Contract Appeals on behalf of a contractor which was terminated for default for untimely performanceon two multi-million dollar Navy procurement contracts. Schedule analysis testimony quantified the contract delays and attributed their cause to ownerdesign errors. Successful verdict convertedthe termination for cause to a termination for convenience,resulting in a $25 million award. Expert testimony on behalf of the Department of Veteran Affairs in the defense of a contractor delay claim on a $10 million medical center project. Testimony included both schedule, impact and damageanalyses. Favorable judgmentresulted in the decision that the contractor owedthe government money. Financial testimony assisting a wrongly defaulted subcontractor in obtaining a favorable judgment against a major environmental general contractor on a $54 million EPA Superfund Site in New Jersey. Expert testimony (schedule/delay/impact, estimating, damages & construction) for the Departmentof Justice to defend the Federal Aviation Administration on a Total Cost/Total

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Timelitigation brought by the contractor of a fiber optic cable installation contract at the Dallas/Ft. WorthAirport. CLAIM ANAL YSIS AND RESOLUTION Engagementas schedule and damageexpert by the Department of Justice to assist in the defense of an electrical contractor's claim on a project at the U.S. Soldiers' and Airmen's Home Washington, D.C. Successfully directed negotiations which resolved a three-yearin old dispute for only a fraction of the amount claimed. Delay and damageanalyses defending a design firm from a $7.5 million contractor claim on major tunnel contracts in the state of New York, resulting in a successful summary judgment motiondismissing the lawsuit against the designer. Preparation and defense of multi-million dollar claims (typically $10 million to $20 million each) on highway,bridge, transit, tunnel and building contracts for owners, contractors and subcontractors. Analysis and defense of multiple constraction claims (to $42 million) alleging errors and omissions by a major AYE joint venture on the $1.5 billion MiamiRapid Transit Programon behalf of a majorprofessionalliability carrier. SURETY CONSULTING Evaluation of a $160million per year distressed specialty contractor on behalf of a surety, completion of 47 bondedprojects (institutional and commercialbuildings, high-rises, power plants, wastewater treatment plants and transit projects) and analyses of numerous disputed and terminated contracts with aggregate claims to $60 million. Surety underwriting evaluation of a financially troubled $80 million general contractor, including both financial and management assessments. Completesurety claim consulting services on an insolvent heavy/highway contractor on Long Island, NewYork, involving multiple, defaulted projects, including bridge, highwayand pipeline contracts. PROBLEM LOAN WORKOUTS~BANKRUPTCIES Problem loan assignment for a bank group seeking recovery on working capital loans to a bankrupt, major mechanicalelectrical contractor (MMR, Inc.) with annual revenues in excess of $500 million. Included analysis of collateralized assets, evaluation of several hundred projects throughout the United States, assessment of recovery potential, and professional advise during bankruptcy proceedings. Problemloan services for a $I00 million contractor and fabricator operating in Virginia, Colorado, Ohio and Texas. Assisted with workout negotiations to obtain a substantial forbearance and forgiveness agreement, thereby avoiding forced liquidation and bankruptcy.

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Technical, financial and managerial evaluations on behalf of ownersor lenders of distressed general contractors, heavy and highwaycontractors, manufacturers and subcontractors with annual revenues form $25 million to $200million. PROJECT~ CONTRA CT MANAGEMENT Project managementoversight services on behalf of the developer of a $800 million residential and multi-use project in New Jersey. Completionof a defaulted contract on an academic building at Gallaudet University, in Washington, D.C. on behalf of a surety. Contract preparation, cost estimating, bid letting and award, as well as project management oversight of a $16 million contract for the completion of the Navy Yard Metro Station, Washington, DC Supervision, inspection and contract administration of various Corps of Engineers contracts, includingdams,levees, hospitals, military facilities, etc. Extensive experience in project management general management contracting firms involved in and of civil engineeringand construction of building, heavycivil worksprojects, foundations, tunnels, utilities and highways. Completion construction contracting experience via a career progressing through the positions of project engineer and project manager executive-in-charge of multiple, multi-million dollar to contracts throughout the United States. Management joint ventures, prime contract and subcontracts of for numerous federal, state and municipalagencies and many private industries. General management the construction division of a Fortune I00 firm and an American/European of joint venture construction company.District Managerof a successful, well-established company specializing in design/build foundations. Contracting Officer and Resident Engineer experience with U.S. Army Corpsof Engineers, responsible for contract administration, quality control and project supervision duties on major projects. Assistant Professor, U.S. Military Academy,West Point, NewYork. Taught mechanical engineering courses in the Department Mechanics served as CourseDirector, Strength of Materials. of and EDUCATION U.S. Military Academy,West Point, NY University of California, Berkeley, CA LongIsland University, NY 1968 1973 1974 1978 B.S. Engineering M.S. Civil Engineering M.S. Mechanical Engineering M.B.A. Business/Financial Management

REGISTRATION AND PROFESSIONAL AFFILIATIONS Professional Engineer - PA, VA, MD,NY, DC, OH, DE Past Arbitrator - Construction Panel: American Arbitration Association Phi KappaPhi Honor Society National Society of Professional Engineers Society of American Military Engineers AmericanSociety of Civil Engineers

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PRIOR EXPERIENCE AND ACCOMPLISHMENTS NATIONALDIRECTOR- Grant Thornton 1993-1994

Served as National Director of Surety Consulting Services and Contract Consulting Services in Grant Thomton's Engineering and Construction Industry practice. Provided expert testimony, and managed major engagementsdelivering engineering, financial, business, scheduling, construction and project management expertise. VICE PRESIDENT High-Point Schaer 1986-1993

General management High-Point Schaer's Northeastern consulting practice providing technical, of contractual, financial and managerialexpertise t the engineering, constraction and real estate industries. Duties included the management major consulting engagementsfor owners, developers, contractors, of architects, engineers,sureties, financial institutions, professionalliability carriers and insurers, as well as expert testimony. Also served as national director of surety services. Managed consulting offices located in NewEngland, NewYork, NewJersey, D.C. and Virginia. EXECUTIVEVICE PRESIDENT/GENERALMANAGER Recosol, Inc. 1984-1986

Servedas Chief OperatingOfficer of this design/build foundation contracting firm - a joint venture of the Reinforced Earth Company(American) and Soletanche (French). From start-up in 1984, Recosol executed $14 million of sales in 1985 with a $10 million backlog for 1986 on a nationwide basis. Recruited a key management team; implementedcost control and reporting systems; developed business and marketing plans; and standardized estimating procedures. Full operating, business development, and profit and loss responsibility. Executed multi-million dollar projects in the federal civil works (Corps of Engineers, Bureau of Reclamation), state highway(GA, TX, WA),municipal, private building (e.g. Gallery at Harbor Place, Baltimore, MD for the Rouse Company) and industrial markets. Design/build services included dam repair, precast and CIP concrete retaining walls, building foundations and hazardouswaste containment. DISTRICT MANAGER Franki Foundation Company 1983-1984

Responsible for all contracting, engineering, equipment, construction, estimating and business development activities for this specialized, design/build foundation contractor in the commercial building market for the MiddleEastern and Central States. Expanded District's annual volumefrom $5 million in previous years to $11 million in 1984. Reducedoverhead by 12%,while doubling operating profit. Typical major projects included the World Finance Center (NYC)for developer: Olympia & York; Baltimore Harbor Court (high-rise) for owner: Murdock, GC: Kiewit; NSA Operations Building, Ft. Meade,for the Corps of Engineers, GC:Centex. ASSISTANTGENERAL MANAGER Armco, Inc. Construction Services 1979-1983

Secondin charge of the $25 million/year profit center in Armco'sProfessional Services Division, which also included Burns & McDonnell, Wilbur Smith Associates and Bovay Engineers. Duties included general management, financial administration, construction operations, business development, organizational and business planning, estimating the corporate reporting. Reorganized, computerizedand integrated the entire accounting and reporting functions. In three years, sales were up by 60%,overhead

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reduced 50%and return on equity was 32%. Established C&A Constructors, Inc., a wholly-owned, openshop subsidiary and served as President. Also served as project managerand/or construction manageron multiple projects in excess of $25 million. Services included steel erection; utility and tunnel construction; site, concrete work and heavy construction. Clients includedfull range of public agencies (federal, state, local and highway) private and owners(utilities, railroads, miningand industrial companies).Typical major projects included Bi-County Water Tunnel, $25 million, for Washington Suburban Sanitary Commission; Somerset Power Plant Cooling System, $13 million, for NYState Electric and Gas, GC: Ebasco; East White Rock Sewer, $4 million, for Dallas, TX; Mt. AdamsInterchange, Cincinnati, $25 million, for Ohio Department of Transportation. U.S. A1UvlY CORPS OF ENGINEERS Full Time Part Time 1968-1979 1979-1996

T~venty-sevenyears experience as a commissionedCorps of Engineers Officer- 11 years active and 16 years reserve duty. Active duty experience included serving as the Contracting Officer's Representative on the Blue Marsh Lake and DamProject, an $80 million civil works project near Reading, PA. Responsible for inspection, quality control, contract administration, documentpreparation and field engineering, as well as office management, budgeting, scheduling, public relations and coordination with local agencies. Project included mass earth~vork, large concrete structures, residential and commercial buildings, major pumping station, bridge and highway work, utility relocation and demolition/restoration. As Colonel in the U.S. Army Reserves, annual assignments have included service with Mobile, Louisville, Nashville and Baltimore Districts. These assignmentsinvolved administration and inspection of construction contracts; evaluation and negotiation of change orders; bidability and constmctability reviews; schedule and delay analyses; claims analyses and the resolution of disputes. Typical major projects included U.S. Soldiers' and Airmen's Homein Washington, DC; DOD Operations Facility, Greenbelt, MD;Reserve Centers in Baltimore and Gaithersburg, MD;family housing at Ft. Meade;base hospital at Wright-Patterson Air Force Base. Other experiences with Corps of Engineers included management military and civil construction activities in the U.S., Germany Vietnam. of and