1. GLEN L. EATON
Record of Sworn Testimony In Construction Litigation,
Record of Arbitration; and Record of Appointments/Memberships/Committees
Expert Witness – June, 2015 – County of Fresno, CA v..Rising Sun Co., Fresno County Superior Ct. The County
sued the contractor for breach damages during the parties contract to build a box girder concrete bridge across the
Kings River. The County claimed fraud in the context of a California false claims act claim. The contractor filed cross
complaints alleging breach of contract and destruction of business damages. I testified addressing both fact and
opinion questions for two days at trial in 2015. The contractor had been my client since Sep2011. Issues addressed:
 Breach of Contract
 Impact of Schedule Acceleration by the Owner
 Defective Design
 Ambiguous Specifications
 Impossibility of Performance
 Critical Path Method (CPM) Project Scheduling
 Delay and Disruption Accountability
 The Collapsed-As-Built Schedule Method of Allocating Delay Responsibility
 Industry Trade Practice
 Computation of Money Damages
 Proper Calculation of Extended Home Office Overhead Damages
 Wrongful Termination
Expert Witness – August, 2014 – County of Fresno, CA v. Rising Sun Co., Fresno County Superior Ct. Deposed by
the County for two days.
Fact and Expert Witness - 1990 - American BioReactor, Inc. v. Ashbrook Simon Hartley, United States District
Court, Birmingham, Alabama, Judge Seybourn J. Lynne presiding. Lawsuit for breach of contract, loss of process
patent and privatization rights allegedly resulting in $14,000,000 in damages. Testimony given for plaintiff regarding
project scheduling, subcontracting principles, methods, practices by general contractors aimed at nullifying negative
cash flow at initial stages of projects, bidding and subcontractor solicitation practices of general contractor entering
into a new trade area and as first time new market participant.
Fact and Opinion Witness1989 - Deposed for two days by defendant in above case prior to trial.
Fact and Opinion Witness1988 - Batteast Construction Co. v. The United States. Deposed by defendant in action
pending in United States Court of Claims by contractor against the U.S. Action brought by contractor for wrongful
default by Corps of Engineers on $30 Mil. Army world-wide communications facility, with requested damages
expected to be in $8 Mil. range. Defendant cross-filed $5 Mil. action for loss of use of facility. Responded to questions
of fact regarding actions taken and correspondence handled while in capacity of project manager of turnaround
management team on this project. Responded to questions of opinion regarding damage done to contractor due to
refusal of Government to timely release withheld funds, and as to whether or not withholding of prime contractor
earnings by Government under its reasons (unproved allegations to the Corps by various subcontractors about unpaid
earnings owed by prime contractor) was permissible.
Record of Arbitration Presided Over
 $16,000 demand by Birmingham minority sub in dispute with prime contractor. Heard ex-parte, Birmingham,
1994.
 $200K dispute between contractor, hospital owner and owner's architect in re defective work. Facility
Location: North Alabama. Heard in Montgomery, one-day hearing, 1992.
 Three-member panel, three day hearing. $400K dispute between general contractor and subcontractor, 16
story condominium project. Location: Atlanta. Heard in Atlanta, 1991
Appointments/Committees/Membership
Former Member, Panel of Construction Arbitrators, American Arbitration Association, Southeastern District. AAA
training as dispute Mediator. Former Affiliate Member, American Society of Professional Estimators. Eaton Contract
Services, Inc. formerly Member, Georgia Branch, AGC.