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1 Evans M. Barba, PE, PSP, CFCC, PP Chairman and Chief Executive Officer Education B.S., Civil Engineering, The Cooper Union M.S., Civil Engineering, Polytechnic Institute of New York Employment •Barba Consulting, Inc. •Navigant Consulting, Inc. •Barba-Arkhon International Inc. •Hill International •Malcolm Pirnie, Inc. •Mueser, Rutledge, Wentworth & Johnson •Segner & Dalton Consulting Engineers Professional Associations •Project Management Institute; College of Scheduling •American Society of Civil Engineering •Society of Construction Law •Association for the Advancement of Cost Engineering International •National Society of Professional Engineers Professional Engineer •New York •New Jersey Evans M. Barba, PE, PSP, CFCC, PP •Connecticut Chairman and Chief Executive Officer •Michigan •Pennsylvania Planning & Scheduling Professional • AACE International, Certified PSP Certified Forensic Claims Consultant Five Greentree Centre, Suite 104 • AACE International, Certified CFCC Route 73 South Marlton, NJ 08053 Professional Planner 856-985-0500 phone • New Jersey 8560985-0501 fax firstname.lastname@example.org
Evans Barba is the Chairman and Chief Executive Officer of Barba Consulting, Inc. Mr. Barba specializes inproviding construction program management, claims avoidance, and disputes resolution services on domestic andinternational projects.Mr. Barba has over 38 years experience in engineering design, construction program and project management,contract administration, critical path method scheduling, and claims avoidance and disputes resolution. He hasdirected hundreds of program management and disputes resolution assignments across a broad range ofinfrastructure, power, commercial, environmental, transportation, healthcare, hospitality, detention, and industrialprojects, as well as complex development and acquisition programs. As a hands-on Principal he has not onlydeveloped the strategy for accomplishing these assignments, but has served as an integral member of the teamsassigned to implementing them. He has testified as an expert witness regarding schedule delay and disruptionanalysis, construction and project management standards of practice, contract administration, time impactanalysis, concurrent delay, and differing site conditions, among others. He has been qualified as an expert incritical path method scheduling, schedule delay and disruption analysis, and the preparation and implementationof CPM scheduling specifications before the Armed Services Board of Contract Appeals (ASBCA), Departmentof Transportation Board of Contract Appeals (DOTBCA), and the U.S. Court of Federal Claims. He has also beenqualified as an expert in critical path method scheduling, schedule delay and disruption analysis and constructiondamages calculations before the Civilian Board of Contract Appeals (CBCA); in engineering, construction projectmanagement, critical path method scheduling, claims, and schedule delay and disruption analysis in U.S. DistrictCourt, Camden, NJ; and in project management, contract administration, critical path method scheduling, andschedule delay and disruption analysis in Circuit Court in Fairfax,VA.Significant claims and schedule delay/disruption analysis assignments have included:• $38 million claim involving the construction of the United States Embassy in Astana, Kazakhstan on behalf of the U.S. Department of State.• $70 million claim involving the Upper Occoquan Wastewater Treatment Plant for the Joint Venture of Blake Construction/Poole and Kent;• $30 million claim involving the Reline/Reconstruction of Blast Furnace No. 13 at the United States Steel Plant in Gary, Indiana;• $25 million claim and $100 million counterclaim involving the construction of The City of San Francisco Jail No. 3 Project for AMEC Construction Managers;• $60 million claim involving the Combe Fill South Landfill for the New Jersey Department of Environmental Protection;• $13 million claim involving the Route 29 Freeway Section 10G and Route 195 Section 10G from Lumberton Street to Route 295/195 Interchange for the New Jersey Department of Transportation;• $40 million claim involving the Hoover Dam Visitor Center and Parking Structure for the U.S. Department of Justice;• Over $30 million in claims involving the Robert C. Byrd Lock and Dam for the U.S. Army Corp of Engineers;• $17 million claim involving the renovation and expansion of the Sands Hotel & Casino for the Pratt Hotel Corporation;• $25 million claim in regard to the renovation and expansion of the Sands Hotel and Casino in Atlantic City , New Jersey for the Pratt Hotel Corporation;• $30 million in claims involving the Orange County Courthouse for Morse-Diesel International;• $37 million claim involving software development and testing equipment under a U.S. Air Force avionics contract;• Approximately $20 million in claims involving the renovation and expansion of the Museum of Modern Art in New York; and• Numerous ship repair and overhaul claims for the Department of the Navy, including over $200 million in claims on twelve Coast Guard vessels with overhaul contracts valued in excess of $270 million. 2
Mr. Barba also has extensive experience in contract preparation, project management procedures development,and training of client personnel. Working closely with counsel he has prepared comprehensive enhancements andmodifications to Owner/General Contractor, Owner/Architect-Engineer, and Owner/Construction Manager formsof Agreement. He has also developed detailed project control and change order management requirements andspecifications; prepared comprehensive project management procedures manuals; and presented in-house trainingprograms for client personnel in project management, contract administration, critical path method scheduling,and claims avoidance and mitigation. He has provided these services for the Oglethorpe Power Corporation,PECO Energy Company, Virginia Electric Power Company, U.S. Bureau of Reclamation, Department of State,County of Los Angeles, Federal Highway Administration, Federal Bureau of Prisons, Dallas Fort WorthInternational Airport, Houston Metropolitan Transit Authority, Denver Regional Transportation District, NationalInstitute of Health, University of Tennessee, Anchorage School District, Naval Sea Systems Command, MaritimeAdministration, and numerous other public and private clients.Significant program/project management assignments have included: Three major capital construction programs for the Jefferson County Board of County Commissioners, in Golden, Colorado, including construction of a $35 million Detention Facility, an $11 million Human Services Building, and a $60 million Administration/Judicial Facility.• Mr. Barba served as Principal-in-Charge of his firm’s program management efforts for these assignments that included development of the Owner/Contractor Form of Agreement, and General and Supplementary Conditions of Contract that were used on each of the projects; performance of a claims mitigation review of the projects bid documents prior to putting them out for bid; development of comprehensive project management procedures that were utilized by the Owners project team in managing the various projects; and training of client personnel in claims avoidance and critical path method scheduling. Additional services provided by his firm included the review and evaluation of contractor bids; on-site project management efforts that included implementing the comprehensive project controls requirements prescribed in the various contracts; change order pricing and time extension analysis; assistance in the administration of the Architects Contract (that included setting of priorities with respect to the review and return of shop drawings and submittals, and response to Contractor RFIs); and providing oversight of the performance of the Owner, Contractor(s), and Architect(s) in terms of ensuring that each of the parties carried out their obligations in accordance with the terms of their respective contracts. All three programs were completed on-time (as adjusted for approved time extensions) and were closed-out without the need to resort to litigation.• Mr. Barba has also provided CPM schedule development, schedule updating, and change order and delay time extension analysis services to the Construction Manager for the $700 million John F. Kennedy International Arrivals Terminal in Long Island, New York, as well as CPM schedule development, schedule updating, and time extension analysis services to the developer of the $240 million United States Courthouse at Foley Square in New York, New York, among others. He has also provided project management services to the Construction Manager for the $250 million United States Capitol Visitor Center in Washington, DC in regard to the development of a comprehensive cost and resource loaded CPM schedule for work on the project, as well as assistance in reviewing and analyzing monthly schedule updates, and evaluating claims, change orders, and requests for extension of the contract time.• Mr. Barba served as Principal-in-Charge of his firm’s program management efforts in regard to the construction of the New York City Museum of Modern Art (MoMA) Education and Research Center in New York, which included providing assistance in the development of the Owner/Contractor Form of Agreement and Conditions of Contract that were used on the Project; development of project management procedures that were utilized by the Owners project team in managing the work; and on-site project management efforts that included implementing the comprehensive project controls requirements prescribed in the Owner/General Contractor Agreement; change order evaluation and time extension analysis; assistance in the administration 3
of the Architects Contract; and providing oversight of the performance of the Owner, Contractor(s), and Architect(s) in terms of ensuring that each of the parties carried out their obligations in accordance with the terms of their respective contracts. The Project was completed on time in accordance with the Owner’s objectives and all outstanding issues were negotiated and resolved at the completion of construction without the need to resort to litigation.Mr. Barba has performed numerous Contract Compliance and Contract Closeout Audits including:• Mr. Barba served as Principal-in-Charge of the Construction Management Performance Review for the Los Angeles Metropolitan Transportation Authority (MTA) in regard to the performance of its Construction Manager on the $2.5 billion Metro Red Line Segments 1 and 2. The scope of work of the Review included a detailed examination of the Construction Managers contract with the MTA, as well as a review of the Construction Managers written Management Procedures to determine completeness, conformity to industry standards, and compliance with the requirements stated in the Construction Managers contract with the MTA. A review of the implementation of these procedures, including quality assurance/quality control, daily inspection reporting and related functions, project schedule control, and change order evaluation was also performed in order to determine whether the Construction Manager had performed in accordance with its obligation to the MTA. The findings and recommendations of the Review, which were presented in a public hearing to the Los Angeles City Council, were accepted by the City Council and were likewise accepted, uncontested, by the Metro Red Line Construction Manager.• Mr. Barba also served as Audit Manager in charge of the Construction Management Audit for the King County Auditors Office in regard to the performance of King Countys Department of Metropolitan Services (Metro) on the $1.1 billion West Point and Renton Wastewater Treatment Facilities in Seattle, Washington. The purpose of the Audit was to examine the procurement regulations, policies, and procedures used by Metro to manage large capital improvement projects; audit all phases of construction management and administration of the West Point and Renton Projects; compare Metros stated policies and practices to generally accepted industry practices and procedures; determine whether Metros practices were adequate to protect the owners interests, and recommend solutions for improving or correcting any deficiencies identified. The findings and recommendations of the Audit, which were presented in a public hearing to the King County City Council, were accepted by both the City Council and the King County Executives Office, and were adopted for implementation on future construction programs. In addition, Mr. Barba has served as Principal-in-Charge of several contract compliance and contract closeout audits for hotel/ casino owners in Las Vegas, Nevada, and Atlantic City, New Jersey in regard to hotel/casino construction projects ranging in value from $25 to over $300 million.As Vice President with Hill International, Inc., Mr. Barba directed the analysis, preparation, and resolution ofnumerous construction claims, and participated in the development and implementation of a comprehensiveclaims avoidance and mitigation program in regard to over $1.5 billion in construction for the MilwaukeeMetropolitan Sewerage District. He also served, for approximately two years, as the Executive-in-Charge/ProjectManager of Hill’s efforts relative to the management of construction of the $98 million 16th Street TransitwayMall and Transfer Facilities project for the Denver Regional Transportation District in Denver, Colorado.Reporting directly to the Executive Director of the RTD and working closely with the Districts Counsel, Mr.Barba initially directed a restructuring of the project organizational structure that had been established by theDistrict to manage the project; enhanced the front-end requirements, and General and Supplementary Conditionsof Contract that were to be utilized on subsequent phases of work on the project; and presented in-house trainingprograms on project management, CPM scheduling, and claims avoidance and mitigation to the Districts legal,contracts, and construction management staff. Thereafter, working with the General Contractor for the ongoingconstruction of the Mall portion of the project, Mr. Barba developed and implemented a CPM Schedule that wasutilized to manage the completion of work on the project. Additional efforts included directing the scheduling and 4
management of the Mall and Transfer Facilities work, and negotiating directly with the General Contractor (andits Counsel) for the Mall portion of the project relative to the resolution of approximately $20 million in claims.As a Project Engineer with Malcolm Pirnie, Inc., Mr. Barba was involved in the design, preparation of contractdocuments, and contract administration relative to the construction of numerous water and wastewater treatmentfacilities, industrial waste treatment facilities, pulp and paper plants, and other environmental projects. Specificduties included site work and facilities layout; plant hydraulic design, including open channel hydraulics, andfixed and variable speed pumping systems design; equipment selection; coordination of civil/sanitary, structural,electrical, process and instrumentation, HVAC, and architectural design disciplines; preparation of completeproject plan and specification bid packages; development of estimates of the cost to construct facilities;development of detailed Maintenance of Operations/Sequence of Construction Requirements; as well as a fullrange of contract administration functions, including the review of contractor shop drawings and submittals,preparation of responses to Contractor RFIs, and preparation and review of change orders. Mr. Barba participatedin the design and preparation of contract documents relative to the 300 MGD Cleveland Southerly AdvancedWastewater Treatment Center (Ohio), the 200 MGD Cincinnati Mill Creek Sewage Treatment Plant (Ohio),Potomac Estuary Water Treatment Plant (District of Columbia), Saratoga County Water Districts Pressure SewerSystem (New York), and the City of Newport, Raw Water Intake Pump Station, among numerous others.As a Soils Laboratory and Field Resident Engineer with Mueser, Rutledge, Wentworth & Johnston, Mr.Barba supervised field soils and rock sampling/drilling operations; field classified sampled materials; performeda full range of soils classification and laboratory testing procedures; and performed soils consolidation andsettlement analysis calculations.A highly regarded speaker, Mr. Barba lectures internationally on such topics as "CPM Scheduling in Mitigatingand Analyzing Claims," "Delay & Disruption Claims", “Forensic Project Management” and "ConstructionPlanning and Management." The latter course, which was regularly presented in Singapore and Hong Kong,focused on CPM scheduling utilization, FIDIC contracts, and specific problems associated with the delivery ofinternational construction projects.In addition, Mr. Barba has appeared as a key speaker at the Construction SuperConference, the InternationalConstruction SuperConference, the Forbes Magazine conference on “Rebuilding Americas Infrastructure," theannual meeting of the American Bar Association, the First Annual Nash & Cibinic Roundtable, and the"International Construction Contracts Month" program, which is presented annually by George WashingtonUniversitys Continuing Engineering Education Department and the Center for Advanced ManagementPrograms. He has, furthermore, been invited to speak before various industry associations, including the NationalCouncil of Elected County Executives Roundtable Discussion, First Annual World Gaming Congress and Expo,American Society of Cost Engineers, Construction Specifications Institute, American Public Transit Association,Airport Operators Council, and Project Management Institute.Publications:• A Critical Review of the AACEI Recommended Practice for Forensic Schedule Analysis, The Construction Lawyer, Judah Lifschitz, Evans M. Barba, Alexis Lockshin, (Volume 29, Number 4, Fall 2009)• Society of Construction Law, A View From Across The Pond: An American Perspective On The SCL Delay And Disruption Protocol; Richard H. Lowe, Evans M. Barba and Gregory B. Lare (May 2007)• Prospective and Retrospective Time Impact Analysis; Construction Briefings, Thomson West (2005)• Government Contract Early Completion Delay Claims, Construction Briefings, Federal Publications Inc. (1992)• Liquidated Damages, Construction Briefings, Federal Publications Inc. (1984)• The Right to Finish Early: An Owners Dilemma, Construction Litigation Reporter (1984) 5
• Legal and Practical Implications of Scheduling Controls, Construction Law Reports, Carswell Legal Publications (1984)• Guaranteed Maximum Price: What Does it Really Mean? Hotel & Motel Management, Harcourt Brace Javanovich Publications (1985)• Contributing Author, Handbook of Construction Industry Forms, Owner/Construction Manager Agreement Forms, John Wiley & Sons, Inc. Publishers (1988)• Contributing Author, The Handbook of Construction Law and Claims, Reston Publishing Co. (1982)Papers:• A View from Across the Pond, An American Perspective on the Society of Construction Law’s Delay and Disruption Protocol (The International Construction SuperConference, May 2006)• The Construction Manager: WHOSE SIDE AM I ON? (The Construction SuperConference, December 2005)• Time Impact Analysis: If its Such a Great Concept, Why Is It That It Almost Never Works! (and what you can do about it), (The Construction SuperConference, December 2004)• Delay and Time Extension Analysis Contract Requirements v. The Real World (The Construction SuperConference, December 2002)• Managing and Analyzing Delay From Womb to Tomb (The Construction SuperConference, December 1999)• A Schedule Delay Analysis Dilemma: What to Do? What to Do? (The Construction SuperConference, December 1998)• Establishing Causation: Schedule Delay and Loss of Productivity Analysis (The Construction SuperConference, December 1997)• Schedule Delay and Loss of Productivity Analysis (The Construction SuperConference, December 1996)• Approaches to Schedule Delay Analysis (The Construction SuperConference, December 1995, November 1994 and April 1994)• Schedule Delay Analysis: Linking Liability to Damages (The Construction SuperConference, November 1993 and December 1992)• Utilizing and Specifying Critical Path Method Scheduling Techniques (Special Presentation for 35th Annual CSI Convention and Exhibit, June 1991)• Winning Strategies in Negotiating, Arbitrating and Litigating Construction Disputes: Using Critical Path Method Scheduling Techniques to Establish Causation (The Construction SuperConference, March 1990)• Maintaining Control of Your Construction Program (Airport Operators Council International, Seattle, Washington, September 1988)• Change Order Management that Works (American Public Transit Association, Rapid Transit Conference, Buffalo, New York, June 1988)• Contract Provisions to Put you on the Right Track (American Public Transit Association, Toronto, Canada, June 1987)Seminar Course Manuals:• CPM Scheduling in Mitigating and Analyzing Claims, Federal Publications Inc.• Delay & Disruption Claims, Federal Publications Inc.• Preventing and Defending Construction Claims, Federal Publications Inc.• Construction Planning and Management, Crown Eagle Communications 6