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Curriculum Vitae of Donald T. Engler, Jr., P.E. 1
CURRICULUM VITAE OF DON T. ENGLER, JR., P.E.
14961 N. Pinnacle Ct. Scottsdale, AZ 85268 (480) 703-2742 Don.Engler@bdsvircon.us
EDUCATION
Bachelor of Science in Civil Engineering - Washington State University - 1971
Masters of Business Administration Program (No Degree) - Arizona State University - 1976
PROFESSIONAL LICENSES
California P.E., Civil Engineering
Arizona P.E., Civil Engineering
TWO UNITED STATES DESIGN PATENTS
PROFESSIONAL
Member: American Institute of Steel Construction, National Institute of Steel Detailers, American Welding
Society, American Society of Civil Engineers and the Architectural Engineering Institute
Committees: 12 years -AISC Code of Standard Practice Committee. Prior- NASCC Conference Planning
Committee and the AISC EDI Business Model Task Force Committee, AISC, Task Group on Appendix A to
AISC Code of Standard Practice.
WORK EXPERIENCE
1999-present BDS VirCon (Formerly BDS Steel Detailers) - Tempe, Arizona - Managing Director
Mr. Engler is directly responsible for managing six international offices with approximately 200 steel
detailers. His responsibilities include quoting and negotiating all detailing contracts, managing all offices
and supervising the detailing of projects worldwide. Additionally, Mr. Engler prepares and presents
expert testimony for various forms of dispute resolution. Mr. Engler has extensive experience in Design
Assist and BIM projects and given presentations to various groups concerning these issues.
Major Detailing Projects Include: Indianapolis Colts Stadium, Pittsburgh Pirates Stadium, Building 7 World
Trade Center, Seattle Central Library, Miami Performing Arts, B2 Bomber hangar, Highway Bridges,
George R. Brown Convention Center, Arizona Cardinals Football Stadium, Phoenix Convention Center,
70,000 ton Palazzo Casino, Denver Bronco Stadium, Marlins Stadium, Orlando Events Center, San Diego
Airport, FLV Museum (Frank Gehry) in Paris and Kooragang Coal Handling Facility. Additionally, Mr. Engler
has extensive experience in high rise structures, hospitals, schools, and coal and nuclear power plants.
1989-1999 Schuff Steel Company - Phoenix, Arizona - Executive Vice President
Mr. Engler was responsible for domestic and international Sales and Estimating departments with an
annual budget of about $150 million. He reviewed and negotiated all major contracts and assisted in
dispute resolutions including presentations and testimony.
Major Projects Include: Vandenberg Movable Launch Building, Alumbrera Gold Mine (Argentina), Bank
One Ball Park, Highway and Railroad Bridges, Timet Titanium Processing Plant (Argentina), New York New
York Casino, Mohave Siphon Project, Office Buildings and Denver Broncos Stadium.
1971 -1988
Mr. Engler developed initial expertise starting as a Project Engineer for the Pittsburgh-Des Moines Steel
Company in Santa Clara, CA where duties ranged from working as a Shop Superintendant, Field Project
Engineer and Rigging Designer. While at Marathon Steel Company in Phoenix, AZ he was responsible for
Project Engineering and Detailing on all projects of this Design/Build Fabricator. He went on to PSP
Industries in Milpitas, CA where he managed the Quality Assurance, Welding, Engineering and Estimating
departments. He started PSP Engineering in Phoenix, AZ, which eventually became a subsidiary of
Curriculum Vitae of Donald T. Engler, Jr., P.E. 2
Herrick, and was responsible for detailing, project engineering and CAD development. Mr. Engler went on
to be General Manager for Stott Steel Company and was responsible for management of the entire
company, including estimating, fabrication and erection.
COMPETENCY
Mr. Don Engler, P.E. has 46 years of experience in engineering, steel detailing, fabrication, quality
assurance and erection on many diverse projects ranging in size up to 70,000 tons. Types of projects
include stadiums, hotels, hospitals, casinos, aerospace facilities, bridges, office buildings, industrial plants,
large diameter piping and SCRs. Mr. Engler has significant expertise and experience in all facets of steel
design, fabrication, and Erection from bidding to connection design, structural steel and rebar detailing,
and dispute resolution. Mr. Engler has been awarded two USA Design Patents. The American Institute of
Steel Construction recognized Mr. Engler’s competency by appointing him as member of the AISC Code of
Standard Practice Committee and has served for 12 years.
Mr. Engler has extensive quality assurance and quality control experience, including visiting and qualifying
fabrication and manufacturing facilities all over the world and writing quality assurance manuals for
nuclear, ASME, AISC and API. Mr. Engler has visited 62 countries inspecting projects, visiting fabricators
and assisting in the qualification of fabricators.
Mr. Engler has extensive Stadium and Arena experience as a detailer, fabricator and erector. These
include: Bank One Ballpark, PNC Stadium, Lucas Oil Stadium, AZ Cardinal Stadium, Kings Arena, Atlanta
Stadium, Meadowlands Stadium, Marlins Stadium, Baylor Stadium, Jaguars Stadium, Cincinnati Reds
Stadium, and Soldier Field.
Mr. Engler, working in conjunction with BDS VirCon, has developed a virtual construction process that is
designed to assist the construction and manufacturing teams by creating a digital construction simulation.
This process, through a series of increasingly complex, detailed and accurate 3D modeling phases,
produces a wide variety of reports pertaining to layouts, schedules, structural steel detail drawings and
rebar detail drawings. This simulation of the construction process generates models for planning,
construction and manufacturing. Ultimately, a fully connected and detailed production model is created
for structural steel and rebar detailing. This virtual model can be integrated with 4D and 5D technologies.
The process gives clarity to site logistics, schedules, quantities, costs and constructability issues. Mr.
Engler has used this modeling technique in a number of claims, and attorneys have found it to be a useful,
powerful and convincing tool to graphically represent the design and construction issues.
Claims, Expert Analysis and Dispute Resolution
Mr. Engler has spent over 45 years assisting in the evaluation of Steel Fabrication, Erection and Detailing,
Quality Assurance, Change Orders, Design Document compliance with the AISC Code of Standard Practice
as it applies to steel fabrication and Steel Fabricator and Detailer performance. Additionally, Mr. Engler
has been involved in numerous BIM and Design Assist related projects and offered opinions in regard to
Architect or Engineer meeting the project Standard of Care. Typical projects include stadiums, commercial
high-rise buildings, manufacturing facilities, courthouses, jails, schools and government buildings. Mr.
Engler has provided services on behalf of owners, general contractors, engineers and contractors toward
supporting negotiations, mediations, arbitration and analysis or testimony in depositions and expert
reports in over 40 cases. Issues have included incomplete design documents, excessive fabrication
drawing approval times, excessive RFI response times and RFI validation, steel detail drawing accuracy
and completeness, steel fabricator performance, incomplete design documents, impacts to detailing,
fabrication, erection and change order cost validation. Major cases include the World Trade Center,
Golden Gate Bridge, Milwaukee Brewer Stadium, Walt Disney Concert Hall and Pittsburgh PNC Park
Stadium.
Mr. Engler also is an active consultant in claims involving residential and local commercial construction.
Curriculum Vitae of Donald T. Engler, Jr., P.E. 3
CONSULTING EXPERIENCE
Design consultant for the Steel Frame Alliance Design Build group and Owner Design assist. Projects
include the 10,000 ton Camelview Condominium Project, Assisted Living and other projects.
CONSULTING AND TESTIMONY RENDERED BY DEPOSITION AND EXPERT REPORT
City of Kodiak, Kodiak Pier III Restoration Project, Kodiak, Alaska
Prepared an Expert Report
The Ghent Generating Station- Pipe Conveyor Systems “Truck Loading Station”, Louisville, Kentucky
Pro Energy Services, LLC.; The Western Surety Company V. Beumer Kansas City, LLC
Prepared an expert report and was deposed in the matter
Maple Street Station Dining and Residence Hall-Miami (Ohio) University
Judo Steel Company, Inc.: The Cincinnati Insurance V. Quandel Construction Group, Inc.; Western Surety Company.
Prepared an expert Report and Mediation Presentation. The case settled in mediation and involved project delays and
costs and associated with detailing and fabrication errors.
BRAC Air Force Maintenance Complex, Nellis Air Force Base, Nevada
Straub Construction, Inc.; Liberty Mutual Surety V. Jones & Wert Construction Specialties, Inc.;
American Contractors Indemnity Company. I prepared an expert report and this case was settled prior to Court. The
case involved alleged faulty construction by the steel fabricator/erector which led to an unjust termination.
The World Trade Center
SRI International Business Ins. Co. LTD v. World Trade Center Properties, LLC, et al. (S.D.N.Y., Case No: 01-CV-9291 and
related cases) Offered rebuttal opinion in regards to the total steel costs and schedule to replace the World Trade
Center in accordance with the original design.
Golden Gate Bridge Seismic Retrofit
Shimmick Construction Company, Inc./Obayashi Corporation vs. Danny’s Construction Company, Inc.; XKT Engineering,
Inc. (Superior Court - San Francisco, CA – Case No: CGC 05 440694). I was deposed and the case settled prior to trial.
Offered Expert Report opinion in regards to the increased costs and delays suffered by Shimmick Construction, the
General Contractor, as a result of the performance of the fabricator XKT Engineering.
Pittsburgh Pirate Stadium (PNC Park)
United States Fidelity & Guarantee Company v. Dick Corporation/Barton Malow Company; The Sports and Exhibition
Authority of Pittsburgh and Allegheny County; Pittsburgh Associates and Allegheny Regional Asset District (US District
Court for the Western District of PA – Case No:01-0698). I was deposed and testified in mediation. Testified that the
design required a significant number of RFIs to complete and correct the design. The Structural Engineer had a
responsibility to provide all the necessary connection design information with the Released for Construction design
drawings. The connection design information was not provided for about four months. It was my opinion that both
the architect and engineer failed to meet the contractual and code standard of care and this significantly delayed the
project.
Sunrise Assisted Living
Sunrise Development, INC. v. DiMella Shaffer Associates, INC. I provided an expert report and was deposed in regards
to this matter which settled through mediation. Testified that the Architect failed to meet the contractual standard of
care and that the “Released for Construction” set of design drawings were not properly coordinated within the design
team.
Durango Juvenile Courts
Plateau Electrical Construction, Inc. et al. v. W.E. O’Neil Construction Co., et al. (Superior Court, AZ – Maricopa County
- Case No: CV2003-010968; CV2004-018871; CV2004-010692) I was deposed and testified in mediation. This case
settled prior to Trial. Testified that the design team omitted important information from the structural plans necessary
to detail, fabricate, and erect the steel. The design team did not meet the standard of care as defined by the contract
documents and Code requirements.
Curriculum Vitae of Donald T. Engler, Jr., P.E. 4
Milpitas City Hall
The City of Milpitas and Milpitas Redevelopment Agency v. Turner Construction Company Inc & Studios Architecture
(Superior Court, Santa Clara, CA - Case No:103-CV-008400) I was deposed and this case settled prior to trial. It was
my opinion that the design drawings did not meet the standard of care as defined by the contract and Code
requirements. The dimensions indicated on the design drawings were not accurate enough to allow for detailing to
proceed.
Pittsburgh Pirate Stadium (PNC Park)
Maverick Steel Company, LLC v. Dick Corporation et al GD GD-02-00580
Testified in court as to the affect the incomplete design had on the Fabricator/Erector and how it contributed to the
unjust termination. The design required a significant number of RFIs to complete and correct the design. The
Structural Engineer had a responsibility to provide all the necessary connection design information with the Released
for Construction design drawings. The connection design information was not provided for about four months. It was
my opinion that both the architect and engineer failed to meet the contractual and code standard of care.
Miller Park Stadium
Southeast Wisconsin Professional Baseball Park District v. Mitsubishi Heavy Industries America, Inc. et al (Case No: 02-
C4-000060) Prepared Expert Report, and Deposed in regard to the reasonableness of the Mitsubishi proposal and how
changes in the connection forces and changes in the erection procedure contributed to the increased costs and delays
incurred by Mitsubishi Heavy Industries. The design changes did not meet Code requirements for released for
construction design documents. Case settled prior to trial.
The River
Western Construction Specialties, Inc., v. Niederhauser Ornamental and Metal Works, Co., Inc.; St. Paul Traveler’s
Fidelity and Guaranty Insurance Company; United States Fidelity and Guaranty; St. Paul Fire and Marine Insurance
Company; Bernard’s Brothers, Inc. (Superior Court, Los Angeles, CA – Case No: BC 330696)
Squirrel Hill
Fairview Extended Care Services, inc. v. Ruprecht, Schroeder, Hoffman Architects, Inc. (Civil Division, Allegheny County,
PA. – Case No:CD06-1670)
The Route 7 Lift Span Bridge Project on the Passaic River
Reunion Industries d/b/a/ Alliance Machine Co. v. M.J. Paquet, Inc, et al (US District Court for New Jersey – Case
No:02-CV-4655(JAP)) Prepared an Expert Rebuttal report defending the fabricator in regards to the delays associated
with the incomplete design documents.
Houston High School
Wolverine Supply, Inc. v. Matanuska – Susitna Borough (Palmer, AK – Case No: 3PA-03-1473 CI ) Testified in
deposition and Mediation, case settled in Mediation. I opined that the Architects and Engineers design drawings met
the standard of care as defined in the contract documents and code. And that the primary cause of the delays were
the fabricator and detailer performance.
Newark Memorial High School
Bay Ship & Yacht Company dba Bay Machine and Fabrication v. Deems Lewis McKinley (Superior Court, Country of
Alameda – Southern Division – Case No: 02-060678) Testified in deposition
Revere Elementary School
Robert Clapper Construction v. All West Iron, et al. (Case No:05CC12894)
The Wightman Center
Fairview Extended Care Services, Inc. v. Ruprecht, Schroeder, Hoffman Architects, Inc. (Allegheny County Court of
Common Please – No:G.D. 06-001670) I was asked to opine on the performance of the Architect and Engineer. I
issued an expert report opining that the design team did not meet the standard of care as required by the contract
and Code. Additionally, the Architect failed to properly inspect the construction process.
Mira Costa High School
Curriculum Vitae of Donald T. Engler, Jr., P.E. 5
Complete Design Systems, Inc vs. USS Cal Builders, Inc., Fidelity and Deposit Company of Maryland, Colonial American
Casualty and Surety Company (Superior Court, Southwest District – Los Angeles, CA – Case No: YC049550)
88 South Broadway
D&D Welding, Inc vs. Taisei Construction Corp. (US Bankruptcy Court, Central District of California – Case No: SV 04-
17185 KL Chapter 11) The design team did not meet their standard of care in regard to the contract and code
requirements . The design would not allow for normal erection methods and did not allow for normal construction
tolerances and this in turn impacted the fireproofing. Additionally, the design was coordinated and this impacted the
construction process.
Shadow Lake Towne Center
Construction Products Distributors v. Onward Technologies (US District Court, Southern District of Iowa, Central
Division – Case No: 4:07-cv-00343-JAJ) Prepared an expert report defending the design team and Construction
Products Distributors and it was my opinion that the detailer was not competent and was responsible for delays and
many detailing errors. Case settled prior to trial.
Northstar Village
W&W Steel Company v. GE Johnson Construction Company, Inc. (District Court, El Paso County, State of CO. – Case
No: 06 CV 4755 Div 14) I was deposed and this case settled in Mediation. It was my opinion that the General
Contractor, GE Johnson did not delay the steel fabricator and that the design team met the standard of care for the
design documents and Code and that they should not have impacted the fabricator/erector.
Sullivan Trails Middle School
Johnstown Welding & Fabrication Industries, Inc. v. Shaw SSS fabricators Inc. v. Unites states Fire Insurance Company
(US District Court, Western District of Pennsylvania – Case No: 05-240)
University of Nevada Las Vegas Student Activities Center
Metal-Weld specialties, Inc v. Kitchell Contractors, Inc of Arizona, Federal Insurance Company (District Court, Clark
Country, NV – Case No: A558375 Dept No: XIII) Testified in deposition and Arbitration that poor construction by the
General Contractor contributed to excessive costs incurred by the Fabricator/Erector. My opinion also included that
the Architect’s design documents did not meet the standard of care as established by the contract and Code
LA AFB – Base Exchange Project
USA for the use and benefit of Western Steel &Metals, Inc. vs. Fidelity & Deposit Company of Maryland, Stronghold
Engineering, Inc. (US District Court, Central District of CA – Case No: EDCV07-226 VAP (JCRx) I defended the General
Contractor at Trial against the poor performance of the Fabricator/Erector which caused additional costs and delays.
Science Education Center
Western Construction Specialties, Inc., v. Niederhauser Ornamental and Metal works Co., Inc. (Superior Court of
California, County of Los Angeles, Central District – Case No: BC 330696)
Hampton Township Middle School Tonko
Issued an expert report opining that the design team failed to meet the Standard of Care for the design of the project
as required by the contract documents and Code. The design was incomplete and not fully coordinated.
Ino’s Auto Service
Jaime Construction, Inc, Jaime Electric Company v. Inocente Corral and Antonia Corral dba Ino’s Auto Service, Inc (AZ
Superior Court, Maricopa County – Case No: CV2007-015370) I testified at Trial that the General Contractor’s
workmanship was very poor and the foundations indicated that the concrete was not properly installed. The Court
qualified me as a concrete expert allowing my testimony on the foundations.
Lane Stadium
Varney Inc. v Turner Construction Blacksburg, VA
Provided modeling services that were used as exhibits
Diamonte’s Contracting
Diamonte’s Contracting v. Ray Escobar (AZ Superior Court, Maricopa County – Case No: CV2009-010269)
Testified in deposition and arbitration that the Architect did not meet the contractual and Code requirements in the
production of the design documents.
Curriculum Vitae of Donald T. Engler, Jr., P.E. 6
Weitz Construction
Steel Placement, LLC v. Sunrise Steel, Inc, The Weitz Construction Company, Inc, Federal Insurance Company (AZ
Superior Court, Maricopa County – Case No: CV2008-023642 , Prepared an expert report and my opinion was that
that the design documents did not meet the contract and Code requirements for the design team standard of care. The
flawed and incomplete design documents significantly delayed the detailing and fabrication process.
Stronghold Engineering
Stronghold Engineering, Inc., v Western Steel aka Western Steel and Metals, Inc, (CA Superior Court – Case No.
RIC452485) An expert report was prepared, testified in deposition and Trial. Testified that Stronghold’s Fabricator
caused cost overruns and schedule delays and that design documents met the standard of care necessary for
construction.
Comanche Power Plant
Stone & Webster,Inc.v. Public Service Company Colorado d/b/a XCEL Energy ( District Court , Denver County, Colorado
Prepared video which was used as an exhibit at trial.
Walt Disney Concert Hall
M.A. Mortenson Co. v. Walt Disney Hall Inc (Los Angeles Superior Court)
Testified in Mediation that the Architect produced design documents that met the Standard of Care required by the
contract and code and the delay and overruns were a result of the contractors actions.
Seattle Central Library, Testified to Dispute Resolution Board that design teams design documents did not meet the
standard of care as defined by the Contract and Code requirements.
Miami Performing Arts, Testified to Dispute Resolution Board regarding the Architect not meeting the standard of
care as defined by the Contract and Code. As a result of the Architects’ actions there was a significant overrun in the
project costs and schedule delay.
Schattner Dental School, (AAA Case No. 14Y 110 00334 00) Testified in Mediation as to the impact to the construction
team as a result of the incomplete design drawings not meeting the Contractual and Code requirements. The
Structural steel designs and Architectural designs incomplete, uncoordinated, and contained significant errors and
omissions.
Nelis AirForce Base FY07 Aircraft Maintenance Complex Project American Contractors Indemnity Company vs Straub
Construction, Inc. Wrote an expert report analyzing the claims , fabrication, detailing and erection
DISPUTE RESOLUTION EXPERIENCE
Mediation Presentation for Bank One Ball Park Project
Mediation Presentation for Walt Disney Concert Hall Project
Mediation Presentation for Santa Clara County Hospital Project
Mediation Presentation for Arizona Diamond Back Stadium
Mediation Presentation for Schattner Dental School Project
Mediation Presentation for Durango Detention Center
Mediation Presentation for 88 South Broadway
DRB Presentation for Seattle Central Library Project
DRB Presentation for Miami Performing Arts Project
Consultant for The River Project Mediation
Consultant for The Mira Costa Project Mediation
Consultant for The Newark Memorial High School Project
PUBLICATIONS AND LECTURES
Published Interview- Modern Steel Construction
Published Interview- Engineering News Record
Published Articles- Structures Magazine, Integrated Steel Design - July, 2005
2016 NASCC Conference – “How to Vet Your Detailer”
2015 NASCC Conference-“Detailing for Constructability-A Lost Art”
Curriculum Vitae of Donald T. Engler, Jr., P.E. 7
2010 Guest Speaker - Sticks and Bricks “Steel Construction”
2010 Guest Speaker – Stanford University “Steel Construction”
2010 Guest Speaker- Australian Steel Institute “Innovations in Steel Construction”
2010 Guest Speaker – Hill International Annual Conference “ The Forensic Model”
2009 Guest Speaker, Stanford University “What is Detailing, Fabrication and Erection?”
2006 NASCC Conference - Panelist for “Purging Extras Symposium”, Speaker “3D Project Management”,
Speaker “Stub Girder Design & Detailing”
2006 Guest Speaker, Maryland Structural Engineers Association, “EDI and the Building Information Model”
2006 Guest Speaker, Stanford University
2005 Guest Speaker, Stanford University
2005 NASCC Conference - Panelist for “The EDI Business Model – A look at the New COSP Appendix”,
Speaker “Selling Value, Not Cost in Detailing”
2004 NASCC Conference - Speaker “Video RFI’s”

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CV 6-16.1 neutral docx

  • 1. Curriculum Vitae of Donald T. Engler, Jr., P.E. 1 CURRICULUM VITAE OF DON T. ENGLER, JR., P.E. 14961 N. Pinnacle Ct. Scottsdale, AZ 85268 (480) 703-2742 Don.Engler@bdsvircon.us EDUCATION Bachelor of Science in Civil Engineering - Washington State University - 1971 Masters of Business Administration Program (No Degree) - Arizona State University - 1976 PROFESSIONAL LICENSES California P.E., Civil Engineering Arizona P.E., Civil Engineering TWO UNITED STATES DESIGN PATENTS PROFESSIONAL Member: American Institute of Steel Construction, National Institute of Steel Detailers, American Welding Society, American Society of Civil Engineers and the Architectural Engineering Institute Committees: 12 years -AISC Code of Standard Practice Committee. Prior- NASCC Conference Planning Committee and the AISC EDI Business Model Task Force Committee, AISC, Task Group on Appendix A to AISC Code of Standard Practice. WORK EXPERIENCE 1999-present BDS VirCon (Formerly BDS Steel Detailers) - Tempe, Arizona - Managing Director Mr. Engler is directly responsible for managing six international offices with approximately 200 steel detailers. His responsibilities include quoting and negotiating all detailing contracts, managing all offices and supervising the detailing of projects worldwide. Additionally, Mr. Engler prepares and presents expert testimony for various forms of dispute resolution. Mr. Engler has extensive experience in Design Assist and BIM projects and given presentations to various groups concerning these issues. Major Detailing Projects Include: Indianapolis Colts Stadium, Pittsburgh Pirates Stadium, Building 7 World Trade Center, Seattle Central Library, Miami Performing Arts, B2 Bomber hangar, Highway Bridges, George R. Brown Convention Center, Arizona Cardinals Football Stadium, Phoenix Convention Center, 70,000 ton Palazzo Casino, Denver Bronco Stadium, Marlins Stadium, Orlando Events Center, San Diego Airport, FLV Museum (Frank Gehry) in Paris and Kooragang Coal Handling Facility. Additionally, Mr. Engler has extensive experience in high rise structures, hospitals, schools, and coal and nuclear power plants. 1989-1999 Schuff Steel Company - Phoenix, Arizona - Executive Vice President Mr. Engler was responsible for domestic and international Sales and Estimating departments with an annual budget of about $150 million. He reviewed and negotiated all major contracts and assisted in dispute resolutions including presentations and testimony. Major Projects Include: Vandenberg Movable Launch Building, Alumbrera Gold Mine (Argentina), Bank One Ball Park, Highway and Railroad Bridges, Timet Titanium Processing Plant (Argentina), New York New York Casino, Mohave Siphon Project, Office Buildings and Denver Broncos Stadium. 1971 -1988 Mr. Engler developed initial expertise starting as a Project Engineer for the Pittsburgh-Des Moines Steel Company in Santa Clara, CA where duties ranged from working as a Shop Superintendant, Field Project Engineer and Rigging Designer. While at Marathon Steel Company in Phoenix, AZ he was responsible for Project Engineering and Detailing on all projects of this Design/Build Fabricator. He went on to PSP Industries in Milpitas, CA where he managed the Quality Assurance, Welding, Engineering and Estimating departments. He started PSP Engineering in Phoenix, AZ, which eventually became a subsidiary of
  • 2. Curriculum Vitae of Donald T. Engler, Jr., P.E. 2 Herrick, and was responsible for detailing, project engineering and CAD development. Mr. Engler went on to be General Manager for Stott Steel Company and was responsible for management of the entire company, including estimating, fabrication and erection. COMPETENCY Mr. Don Engler, P.E. has 46 years of experience in engineering, steel detailing, fabrication, quality assurance and erection on many diverse projects ranging in size up to 70,000 tons. Types of projects include stadiums, hotels, hospitals, casinos, aerospace facilities, bridges, office buildings, industrial plants, large diameter piping and SCRs. Mr. Engler has significant expertise and experience in all facets of steel design, fabrication, and Erection from bidding to connection design, structural steel and rebar detailing, and dispute resolution. Mr. Engler has been awarded two USA Design Patents. The American Institute of Steel Construction recognized Mr. Engler’s competency by appointing him as member of the AISC Code of Standard Practice Committee and has served for 12 years. Mr. Engler has extensive quality assurance and quality control experience, including visiting and qualifying fabrication and manufacturing facilities all over the world and writing quality assurance manuals for nuclear, ASME, AISC and API. Mr. Engler has visited 62 countries inspecting projects, visiting fabricators and assisting in the qualification of fabricators. Mr. Engler has extensive Stadium and Arena experience as a detailer, fabricator and erector. These include: Bank One Ballpark, PNC Stadium, Lucas Oil Stadium, AZ Cardinal Stadium, Kings Arena, Atlanta Stadium, Meadowlands Stadium, Marlins Stadium, Baylor Stadium, Jaguars Stadium, Cincinnati Reds Stadium, and Soldier Field. Mr. Engler, working in conjunction with BDS VirCon, has developed a virtual construction process that is designed to assist the construction and manufacturing teams by creating a digital construction simulation. This process, through a series of increasingly complex, detailed and accurate 3D modeling phases, produces a wide variety of reports pertaining to layouts, schedules, structural steel detail drawings and rebar detail drawings. This simulation of the construction process generates models for planning, construction and manufacturing. Ultimately, a fully connected and detailed production model is created for structural steel and rebar detailing. This virtual model can be integrated with 4D and 5D technologies. The process gives clarity to site logistics, schedules, quantities, costs and constructability issues. Mr. Engler has used this modeling technique in a number of claims, and attorneys have found it to be a useful, powerful and convincing tool to graphically represent the design and construction issues. Claims, Expert Analysis and Dispute Resolution Mr. Engler has spent over 45 years assisting in the evaluation of Steel Fabrication, Erection and Detailing, Quality Assurance, Change Orders, Design Document compliance with the AISC Code of Standard Practice as it applies to steel fabrication and Steel Fabricator and Detailer performance. Additionally, Mr. Engler has been involved in numerous BIM and Design Assist related projects and offered opinions in regard to Architect or Engineer meeting the project Standard of Care. Typical projects include stadiums, commercial high-rise buildings, manufacturing facilities, courthouses, jails, schools and government buildings. Mr. Engler has provided services on behalf of owners, general contractors, engineers and contractors toward supporting negotiations, mediations, arbitration and analysis or testimony in depositions and expert reports in over 40 cases. Issues have included incomplete design documents, excessive fabrication drawing approval times, excessive RFI response times and RFI validation, steel detail drawing accuracy and completeness, steel fabricator performance, incomplete design documents, impacts to detailing, fabrication, erection and change order cost validation. Major cases include the World Trade Center, Golden Gate Bridge, Milwaukee Brewer Stadium, Walt Disney Concert Hall and Pittsburgh PNC Park Stadium. Mr. Engler also is an active consultant in claims involving residential and local commercial construction.
  • 3. Curriculum Vitae of Donald T. Engler, Jr., P.E. 3 CONSULTING EXPERIENCE Design consultant for the Steel Frame Alliance Design Build group and Owner Design assist. Projects include the 10,000 ton Camelview Condominium Project, Assisted Living and other projects. CONSULTING AND TESTIMONY RENDERED BY DEPOSITION AND EXPERT REPORT City of Kodiak, Kodiak Pier III Restoration Project, Kodiak, Alaska Prepared an Expert Report The Ghent Generating Station- Pipe Conveyor Systems “Truck Loading Station”, Louisville, Kentucky Pro Energy Services, LLC.; The Western Surety Company V. Beumer Kansas City, LLC Prepared an expert report and was deposed in the matter Maple Street Station Dining and Residence Hall-Miami (Ohio) University Judo Steel Company, Inc.: The Cincinnati Insurance V. Quandel Construction Group, Inc.; Western Surety Company. Prepared an expert Report and Mediation Presentation. The case settled in mediation and involved project delays and costs and associated with detailing and fabrication errors. BRAC Air Force Maintenance Complex, Nellis Air Force Base, Nevada Straub Construction, Inc.; Liberty Mutual Surety V. Jones & Wert Construction Specialties, Inc.; American Contractors Indemnity Company. I prepared an expert report and this case was settled prior to Court. The case involved alleged faulty construction by the steel fabricator/erector which led to an unjust termination. The World Trade Center SRI International Business Ins. Co. LTD v. World Trade Center Properties, LLC, et al. (S.D.N.Y., Case No: 01-CV-9291 and related cases) Offered rebuttal opinion in regards to the total steel costs and schedule to replace the World Trade Center in accordance with the original design. Golden Gate Bridge Seismic Retrofit Shimmick Construction Company, Inc./Obayashi Corporation vs. Danny’s Construction Company, Inc.; XKT Engineering, Inc. (Superior Court - San Francisco, CA – Case No: CGC 05 440694). I was deposed and the case settled prior to trial. Offered Expert Report opinion in regards to the increased costs and delays suffered by Shimmick Construction, the General Contractor, as a result of the performance of the fabricator XKT Engineering. Pittsburgh Pirate Stadium (PNC Park) United States Fidelity & Guarantee Company v. Dick Corporation/Barton Malow Company; The Sports and Exhibition Authority of Pittsburgh and Allegheny County; Pittsburgh Associates and Allegheny Regional Asset District (US District Court for the Western District of PA – Case No:01-0698). I was deposed and testified in mediation. Testified that the design required a significant number of RFIs to complete and correct the design. The Structural Engineer had a responsibility to provide all the necessary connection design information with the Released for Construction design drawings. The connection design information was not provided for about four months. It was my opinion that both the architect and engineer failed to meet the contractual and code standard of care and this significantly delayed the project. Sunrise Assisted Living Sunrise Development, INC. v. DiMella Shaffer Associates, INC. I provided an expert report and was deposed in regards to this matter which settled through mediation. Testified that the Architect failed to meet the contractual standard of care and that the “Released for Construction” set of design drawings were not properly coordinated within the design team. Durango Juvenile Courts Plateau Electrical Construction, Inc. et al. v. W.E. O’Neil Construction Co., et al. (Superior Court, AZ – Maricopa County - Case No: CV2003-010968; CV2004-018871; CV2004-010692) I was deposed and testified in mediation. This case settled prior to Trial. Testified that the design team omitted important information from the structural plans necessary to detail, fabricate, and erect the steel. The design team did not meet the standard of care as defined by the contract documents and Code requirements.
  • 4. Curriculum Vitae of Donald T. Engler, Jr., P.E. 4 Milpitas City Hall The City of Milpitas and Milpitas Redevelopment Agency v. Turner Construction Company Inc & Studios Architecture (Superior Court, Santa Clara, CA - Case No:103-CV-008400) I was deposed and this case settled prior to trial. It was my opinion that the design drawings did not meet the standard of care as defined by the contract and Code requirements. The dimensions indicated on the design drawings were not accurate enough to allow for detailing to proceed. Pittsburgh Pirate Stadium (PNC Park) Maverick Steel Company, LLC v. Dick Corporation et al GD GD-02-00580 Testified in court as to the affect the incomplete design had on the Fabricator/Erector and how it contributed to the unjust termination. The design required a significant number of RFIs to complete and correct the design. The Structural Engineer had a responsibility to provide all the necessary connection design information with the Released for Construction design drawings. The connection design information was not provided for about four months. It was my opinion that both the architect and engineer failed to meet the contractual and code standard of care. Miller Park Stadium Southeast Wisconsin Professional Baseball Park District v. Mitsubishi Heavy Industries America, Inc. et al (Case No: 02- C4-000060) Prepared Expert Report, and Deposed in regard to the reasonableness of the Mitsubishi proposal and how changes in the connection forces and changes in the erection procedure contributed to the increased costs and delays incurred by Mitsubishi Heavy Industries. The design changes did not meet Code requirements for released for construction design documents. Case settled prior to trial. The River Western Construction Specialties, Inc., v. Niederhauser Ornamental and Metal Works, Co., Inc.; St. Paul Traveler’s Fidelity and Guaranty Insurance Company; United States Fidelity and Guaranty; St. Paul Fire and Marine Insurance Company; Bernard’s Brothers, Inc. (Superior Court, Los Angeles, CA – Case No: BC 330696) Squirrel Hill Fairview Extended Care Services, inc. v. Ruprecht, Schroeder, Hoffman Architects, Inc. (Civil Division, Allegheny County, PA. – Case No:CD06-1670) The Route 7 Lift Span Bridge Project on the Passaic River Reunion Industries d/b/a/ Alliance Machine Co. v. M.J. Paquet, Inc, et al (US District Court for New Jersey – Case No:02-CV-4655(JAP)) Prepared an Expert Rebuttal report defending the fabricator in regards to the delays associated with the incomplete design documents. Houston High School Wolverine Supply, Inc. v. Matanuska – Susitna Borough (Palmer, AK – Case No: 3PA-03-1473 CI ) Testified in deposition and Mediation, case settled in Mediation. I opined that the Architects and Engineers design drawings met the standard of care as defined in the contract documents and code. And that the primary cause of the delays were the fabricator and detailer performance. Newark Memorial High School Bay Ship & Yacht Company dba Bay Machine and Fabrication v. Deems Lewis McKinley (Superior Court, Country of Alameda – Southern Division – Case No: 02-060678) Testified in deposition Revere Elementary School Robert Clapper Construction v. All West Iron, et al. (Case No:05CC12894) The Wightman Center Fairview Extended Care Services, Inc. v. Ruprecht, Schroeder, Hoffman Architects, Inc. (Allegheny County Court of Common Please – No:G.D. 06-001670) I was asked to opine on the performance of the Architect and Engineer. I issued an expert report opining that the design team did not meet the standard of care as required by the contract and Code. Additionally, the Architect failed to properly inspect the construction process. Mira Costa High School
  • 5. Curriculum Vitae of Donald T. Engler, Jr., P.E. 5 Complete Design Systems, Inc vs. USS Cal Builders, Inc., Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company (Superior Court, Southwest District – Los Angeles, CA – Case No: YC049550) 88 South Broadway D&D Welding, Inc vs. Taisei Construction Corp. (US Bankruptcy Court, Central District of California – Case No: SV 04- 17185 KL Chapter 11) The design team did not meet their standard of care in regard to the contract and code requirements . The design would not allow for normal erection methods and did not allow for normal construction tolerances and this in turn impacted the fireproofing. Additionally, the design was coordinated and this impacted the construction process. Shadow Lake Towne Center Construction Products Distributors v. Onward Technologies (US District Court, Southern District of Iowa, Central Division – Case No: 4:07-cv-00343-JAJ) Prepared an expert report defending the design team and Construction Products Distributors and it was my opinion that the detailer was not competent and was responsible for delays and many detailing errors. Case settled prior to trial. Northstar Village W&W Steel Company v. GE Johnson Construction Company, Inc. (District Court, El Paso County, State of CO. – Case No: 06 CV 4755 Div 14) I was deposed and this case settled in Mediation. It was my opinion that the General Contractor, GE Johnson did not delay the steel fabricator and that the design team met the standard of care for the design documents and Code and that they should not have impacted the fabricator/erector. Sullivan Trails Middle School Johnstown Welding & Fabrication Industries, Inc. v. Shaw SSS fabricators Inc. v. Unites states Fire Insurance Company (US District Court, Western District of Pennsylvania – Case No: 05-240) University of Nevada Las Vegas Student Activities Center Metal-Weld specialties, Inc v. Kitchell Contractors, Inc of Arizona, Federal Insurance Company (District Court, Clark Country, NV – Case No: A558375 Dept No: XIII) Testified in deposition and Arbitration that poor construction by the General Contractor contributed to excessive costs incurred by the Fabricator/Erector. My opinion also included that the Architect’s design documents did not meet the standard of care as established by the contract and Code LA AFB – Base Exchange Project USA for the use and benefit of Western Steel &Metals, Inc. vs. Fidelity & Deposit Company of Maryland, Stronghold Engineering, Inc. (US District Court, Central District of CA – Case No: EDCV07-226 VAP (JCRx) I defended the General Contractor at Trial against the poor performance of the Fabricator/Erector which caused additional costs and delays. Science Education Center Western Construction Specialties, Inc., v. Niederhauser Ornamental and Metal works Co., Inc. (Superior Court of California, County of Los Angeles, Central District – Case No: BC 330696) Hampton Township Middle School Tonko Issued an expert report opining that the design team failed to meet the Standard of Care for the design of the project as required by the contract documents and Code. The design was incomplete and not fully coordinated. Ino’s Auto Service Jaime Construction, Inc, Jaime Electric Company v. Inocente Corral and Antonia Corral dba Ino’s Auto Service, Inc (AZ Superior Court, Maricopa County – Case No: CV2007-015370) I testified at Trial that the General Contractor’s workmanship was very poor and the foundations indicated that the concrete was not properly installed. The Court qualified me as a concrete expert allowing my testimony on the foundations. Lane Stadium Varney Inc. v Turner Construction Blacksburg, VA Provided modeling services that were used as exhibits Diamonte’s Contracting Diamonte’s Contracting v. Ray Escobar (AZ Superior Court, Maricopa County – Case No: CV2009-010269) Testified in deposition and arbitration that the Architect did not meet the contractual and Code requirements in the production of the design documents.
  • 6. Curriculum Vitae of Donald T. Engler, Jr., P.E. 6 Weitz Construction Steel Placement, LLC v. Sunrise Steel, Inc, The Weitz Construction Company, Inc, Federal Insurance Company (AZ Superior Court, Maricopa County – Case No: CV2008-023642 , Prepared an expert report and my opinion was that that the design documents did not meet the contract and Code requirements for the design team standard of care. The flawed and incomplete design documents significantly delayed the detailing and fabrication process. Stronghold Engineering Stronghold Engineering, Inc., v Western Steel aka Western Steel and Metals, Inc, (CA Superior Court – Case No. RIC452485) An expert report was prepared, testified in deposition and Trial. Testified that Stronghold’s Fabricator caused cost overruns and schedule delays and that design documents met the standard of care necessary for construction. Comanche Power Plant Stone & Webster,Inc.v. Public Service Company Colorado d/b/a XCEL Energy ( District Court , Denver County, Colorado Prepared video which was used as an exhibit at trial. Walt Disney Concert Hall M.A. Mortenson Co. v. Walt Disney Hall Inc (Los Angeles Superior Court) Testified in Mediation that the Architect produced design documents that met the Standard of Care required by the contract and code and the delay and overruns were a result of the contractors actions. Seattle Central Library, Testified to Dispute Resolution Board that design teams design documents did not meet the standard of care as defined by the Contract and Code requirements. Miami Performing Arts, Testified to Dispute Resolution Board regarding the Architect not meeting the standard of care as defined by the Contract and Code. As a result of the Architects’ actions there was a significant overrun in the project costs and schedule delay. Schattner Dental School, (AAA Case No. 14Y 110 00334 00) Testified in Mediation as to the impact to the construction team as a result of the incomplete design drawings not meeting the Contractual and Code requirements. The Structural steel designs and Architectural designs incomplete, uncoordinated, and contained significant errors and omissions. Nelis AirForce Base FY07 Aircraft Maintenance Complex Project American Contractors Indemnity Company vs Straub Construction, Inc. Wrote an expert report analyzing the claims , fabrication, detailing and erection DISPUTE RESOLUTION EXPERIENCE Mediation Presentation for Bank One Ball Park Project Mediation Presentation for Walt Disney Concert Hall Project Mediation Presentation for Santa Clara County Hospital Project Mediation Presentation for Arizona Diamond Back Stadium Mediation Presentation for Schattner Dental School Project Mediation Presentation for Durango Detention Center Mediation Presentation for 88 South Broadway DRB Presentation for Seattle Central Library Project DRB Presentation for Miami Performing Arts Project Consultant for The River Project Mediation Consultant for The Mira Costa Project Mediation Consultant for The Newark Memorial High School Project PUBLICATIONS AND LECTURES Published Interview- Modern Steel Construction Published Interview- Engineering News Record Published Articles- Structures Magazine, Integrated Steel Design - July, 2005 2016 NASCC Conference – “How to Vet Your Detailer” 2015 NASCC Conference-“Detailing for Constructability-A Lost Art”
  • 7. Curriculum Vitae of Donald T. Engler, Jr., P.E. 7 2010 Guest Speaker - Sticks and Bricks “Steel Construction” 2010 Guest Speaker – Stanford University “Steel Construction” 2010 Guest Speaker- Australian Steel Institute “Innovations in Steel Construction” 2010 Guest Speaker – Hill International Annual Conference “ The Forensic Model” 2009 Guest Speaker, Stanford University “What is Detailing, Fabrication and Erection?” 2006 NASCC Conference - Panelist for “Purging Extras Symposium”, Speaker “3D Project Management”, Speaker “Stub Girder Design & Detailing” 2006 Guest Speaker, Maryland Structural Engineers Association, “EDI and the Building Information Model” 2006 Guest Speaker, Stanford University 2005 Guest Speaker, Stanford University 2005 NASCC Conference - Panelist for “The EDI Business Model – A look at the New COSP Appendix”, Speaker “Selling Value, Not Cost in Detailing” 2004 NASCC Conference - Speaker “Video RFI’s”