Project Manager or Contract Manager or Contracts Manager or Clai
Content
W. Scott Tidemann has 37 years of experience in construction contracting, and fo r the last 20 of those years has specialized in claims/disputes avoidance and re solution, claim development and defense, and efficient and effective resolution of many types of construction/project management issues. He has worked with own ers, contractors, subcontractors, and legal counsel throughout the United States providing assistance to individuals and companies in every facet and aspect of the construction industry, including contract formation and administration; loss and project control; project/program and change order management; cost analysis ; default termination analysis, justification, and costs/damages quantification; convenience termination costs analysis and costs/damages quantification; and di spute avoidance/resolution and litigation support. Mr. Tidemann's background, experience, and specific expertise have enabled him t o serve as an expert witness on numerous occasions, and provide litigation suppo rt and expert testimony in arbitration and mediation proceedings and pre-trial d epositions. He has also served as a mediator regarding a dispute between the pr oject owner and a subcontractor on the project. In his early years in the industry, Mr. Tidemann progressed through the ranks of field labor and into construction management, and has had hands-on performance and oversight responsibility of various craft/trade activities. He performed pr oject management and supervisory positions on large and small industrial, commer cial, and residential projects. EMPLOYMENT HISTORY Vice President, Hill International, Inc. 2008 - 2009 Phoenix, AZ Mr. Tidemann headed up the Hill International, Inc. claims group office in Phoen ix, and was responsible for all efforts related to business development, proposa l preparation, and performance/oversight of all efforts necessary to satisfy cli ents' construction disputes/claims/lawsuits needs as effectively and efficiently as possible. Director of Claims Services, PinnacleOne, Inc. 2001 - 2008 Phoenix, AZ In charge of all claims-related services provided by PinnacleOne out of the Phoe nix division, to include services provided to clients in neighboring states. Up on beginning his tenure with PinnacleOne (later acquired by Arcadis) at the Phoe nix location/division, the operation was experiencing significant losses and Pin nacleOne's reputation in the local market claims industry was not favorable. Th rough effective business development efforts and solid performance, Mr. Tidemann very effectively turned around a losing enterprise operation and re-established a positive and solid reputation for PinnacleOne's claims operations in the area .
Vice President, Excell Consulting International, Inc. 1996 - 2001 Colorado Springs, CO Mr. Tidemann directed all claims-related operations and provided staff/resource supervision for all efforts related to business development, proposal preparatio n, and representation of clients involved in disputes resolution efforts. Respo nsibilities and duties consisted of most matters listed in the following employm ent history positions. Senior Program Director, Excell, Inc. and International Consulting Enterprises, Inc. 1995 - 1996 Colorado Springs, CO Mr. Tidemann planned, managed, and directed performance of multiple teams assist
ing contractor and Owner clientele with resolution of construction and contractrelated issues, problems, and performance impacts. He was responsible for initi al client consultation and evaluation of project issues and impacts; cost and sc hedule impacts analysis; and on-going contract administration and loss control a ssistance. His duties also included assistance with negotiations of contracts, subcontract agreements, and resolution of modifications and cost/schedule adjust ments. Mr. Tidemann developed and implemented complex strategies, including for ensics analyses methodologies and damages computations. He also developed and i mplemented appropriate solutions to construction/contract issues; reviewed and p rovided improvement recommendations regarding client's contract and construction management systems and cost/schedule controls. His duties included claim or Re quest for Equitable Adjustment proposal research, development, and presentation efforts; as well as development and presentation of training seminars. Program Director, Excell, Inc. 1993-1995 Colorado Springs, CO Mr. Tidemann planned and coordinated research regarding entitlement, cost, and s chedule analysis efforts related to positioning and preparation of requests for contract adjustments. He assisted clients with favorable resolution of project p roblems/impacts, prepared budgets and schedules for internal project performance , and consistently achieved completion within time, budget, and resource constra ints. Senior Contract Administrator, Excell, Inc. 1991-1993 Colorado Springs, CO Responsible for construction management and contract administration services, Mr . Tidemann prepared cost overrun recovery positions in accordance with appropria te accounting standards. He also determined and developed entitlement and contra ctual access positions to enhance/support cost overrun recovery efforts. Contract Administrator, Excell, Inc. 1989 - 1991 Colorado Springs, Colorado Mr. Tidemann provided on-site and remote contract administration services, devel oped and implemented research procedures to support issue and problem analysis, entitlement identification, and causation development. He also assisted with im provement of clients' existing cost and schedule controls. General Contracting Projects, Colorado Springs, Colorado. Responsible for all o ffice and field operations with annual volume averaging $3 million, Mr. Tidemann oversaw all work performance activities, as well as bidding, procurement, contr act/ subcontract formation, scheduling, and job costing efforts. SELECT PROJECTS EXPERIENCE/HISTORY Phoenix Metro Light Rail Agency, Phoenix, Arizona. Provided claims review & eva luation services regarding 3 of the 5 railway line segments and the numerous seg mented REAs/claims submitted by each of the three different line segment contrac tors. Services included analyses of alleged multi-million dollar damages and da mage quantification methodologies, and involving time-related overhead, addition al overhead, labor and equipment inefficiencies, and planned vs. actual producti on rates variances. Colorado Department of Transportation/Colorado Office of the Attorney General, D enver, Colorado. Provided claims evaluation and advisory services in relation to a prime contract or claim comprised of, in part, claims being passed through from subcontractors. Initial services were provided at the project and contract administration leve l, and again later during research, analysis, and preparation for mediation. Is sue remained unresolved administratively, and additional services were provided
to the Colorado Office of the Attorney General in connection with, and preparati on for, formal mediation. Mr. Tidemann developed materials for presentation in m ediation proceedings by client's legal counsel. Catalina Foothills Unified School District, Tucson, Arizona. Through the Distric t's outside legal counsel, provided analysis and advisory services pertaining to a new school project procured via a CM@Risk project delivery methodology. Mr. Tidemann provided the services due to numerous unsupported requests for change o rders submitted by the contractor and its subcontractors throughout the course o f the project. Santa Maria-Bonita School District, Santa Maria, California. In an aggressive p rogram to expand and improve existing facilities and construct new school buildi ngs ($100 million, 16 sites), the school district entered into several contracts with a contractor and associated subsidiaries for design services, manufacturin g of modular buildings, building assembly and general construction as a prime co ntractor, and for construction management services. After two years, when the pr ogram was 75% complete, it became apparent that the contractor was not fulfillin g contractual obligations and was failing to pass through to the various other p rime contractors and its own subcontractors, funds it received on their behalf. Mr. Tidemann's group sorted through the mid-program particulars of scope, schedu le and cost regarding 220 individual contracts, and assisted the District's lega l counsel in defending against, and successfully negotiating, resolution of the numerous prime contractor and subcontractor claims/lawsuits without final litiga tion. Mr. Tidemann"s efforts effectively reduced the District's exposure from t he original $25 million estimate of damages to just over $7 million. DG Fenn Construction, Inc. - KinderCare Learning Centers, Phoenix, Arizona. Mr. Tidemann provided assistance to Contractor regarding the positioning, pricing, a nd negotiation of its Termination for Convenience Settlement Proposal. Subseque ntly provided support to contractor and its outside legal counsel in preparation and accomplishment of formal mediation regarding the additional amounts owed to the contractor because of the termination. Salt River Project (SRP), Phoenix, Arizona. Through the outside legal counsel of an insurer of Salt River Project (SRP), provided analysis regarding a worker el ectrocution event and how that event may have related to the project schedule an d the other work of the project. The project was a new Maricopa County jail ori ginally valued at ~$50M, and SRP was the provider of both the temporary and perm anent power on the project. Thatcher Unified School District, Thatcher, Arizona. Mr. Tidemann assisted the owner and their outside legal counsel in resolving significant defective workman ship issues and schedule delays involving a newly constructed high school. He a lso provided support in preparing for, and taking a lead role in, settlement neg otiations. United National Insurance, Phoenix and Sedona, Arizona. Mr. Tidemann conducted research and analysis regarding a dispute between a prime contractor and a subco ntractor, providing support to the contractor and their outside legal counsel (f or the insurance company) in efforts to identify and allocate responsibility for defective workmanship issues. He also provided deposition testimony. Broward County Community College, Broward County, Florida. Mr. Tidemann perform ed senior contract administration duties during the later stages of construction of a new library, and subsequently assisted with development of a comprehensive request for equitable adjustment valued at $750,000 for constructive changes, d irected changes, acceleration, and delays. City of Harvey, Harvey, North Dakota. Mr. Tidemann provided support to the cont
ractor's effort to recover cost and schedule impacts incurred due to differing s ite conditions. He also assisted the contractor in quantifying damages and prepa ring for negotiation sessions between the contractor and owner. Renovation of Army Barracks, Fort Wainwright, Alaska. Project owner was the US Army Corps of Engineers, and the contract was governed by the Federal Acquisitio n Regulation (FAR). Mr. Tidemann assisted with development of a comprehensive re quest for equitable adjustment valued at approximately $6 million for changes an d delays. He directed the actual costs reconstruction and reclassification effo rt and subsequent identification/ quantification of the damages incurred. He als o assisted with the research and development of individual entitlement issues. Natches River Bridge, Houston, Texas. Transportation. Mr. Tidemann assisted quest for equitable adjustment valued and constructive changes, overzealous n. Project owner was the Texas Department of with the development of a comprehensive re at approximately $20 million for directed inspection issues, delays, and acceleratio
Space Station Processing Facility, Kennedy Space Center, Florida. Project owner was NASA, and the contract was governed by the Federal Acquisition Regulation ( FAR). Mr. Tidemann directed development of a comprehensive request for equitable adjustment for the electrical subcontractor. The request, valued at $1 million, stemmed mainly from changes and delays arising from defective/ deficient design documents and the owner's actions and inactions. Later, Mr. Tidemann assisted t he contractor and its legal counsel with the development and presentation of a s ingle issue in front of the Board of Contract Appeals. Federal Detention Facility, Miami, Florida. Project owner was the Federal Bureau of Prisons, and the contract was governed by the Federal Acquisition Regulation (FAR). Mr. Tidemann was responsible for procurement and project controls develo pment/monitoring during the later stages of the construction of an 11-story high -rise, 1,100-bed prison. He subsequently assisted with development of a comprehe nsive request for equitable adjustment valued at approximately $13 million for c onstructive changes and resultant delays. Air Route Traffic Control Center, Anchorage, Alaska. Mr. Tidemann directed deve lopment of a comprehensive request for equitable adjustment valued at approximat ely $6 million for constructive changes, directed changes, acceleration and dela ys. He later provided expert testimony (relative to entitlement to damages, qua ntification of damages, and schedule analysis) in pre-trial deposition. The dis pute settled in subsequent negotiations. Tarrant County Jail, Tarrant County, Texas. Mr. Tidemann directed development o f a comprehensive request for equitable adjustment valued at $600,000 for change s and delays arising from defective/deficient design documents, and assisted wit h negotiations and settlement. Street Improvements, Columbus, Ohio. Mr. Tidemann directed development of a comp rehensive request for equitable adjustment values at $500,000 for changes and de lays arising from defective/deficient design documents. He also assisted with n egotiations and settlement and he provided expert testimony in mediation. New Highway Construction, Two Rivers, Wisconsin. Mr. Tidemann directed developm ent of a comprehensive request for equitable adjustment valued at $450,000 for c hanges and delays. He also assisted the client with negotiations and settlement . Uranium Mill Tailings Remediation Project, Mexican Hat, Utah. Project owner was the Department of Energy, and the contract was governed by the Defense Federal Acquisition Regulation. Mr. Tidemann co-directed the positioning of a contracto
r to self-terminate for convenience due to limitation of funding, and to convert the contract from a firm, fixed-price contract to a cost-reimbursable one. He also assisted with the identification, compilation, and presentation of actual c osts incurred, supported the client during an audit by the Defense Contract Audi t Agency (DCAA), and assisted with subsequent negotiations and settlement. Metropolitan Transit Authority, Miami, Florida. Mr. Tidemann assisted with quan tification of damages incurred by the contractor, primarily due to latently defe ctive/ deficient design documents, the owner's actions and inactions, directed a nd constructive changes, and delays. Cardinal States Gathering Line, Kentucky and West Virginia. For a project consi sting of a shallow-bury, 30" diameter, 32-mile gas pipeline, Mr. Tidemann direct ed development of a comprehensive request for equitable adjustment valued at $1 million for differing site conditions, constructive changes, directed changes, a cceleration, and delays. He also provided expert testimony (relative to entitlem ent to damages and quantification of damages) in pre-trial deposition. The dispu te was ultimately settled via mediation. Memphis-Shelby County Airport, Memphis, Tennessee. For construction of a new ai rport runway, associated runways, and aprons, Mr. Tidemann directed development of a comprehensive request for equitable adjustment valued at $11 million for di ffering site conditions, constructive changes, directed changes, acceleration, a nd delays. He also provided support to the client's legal counsel during arbitr ation conducted under AAA rules. Heilig-Meyers Furniture Company Corporate Headquarters Building, Richmond, Virgi nia. Acting as Owner's Representative on a dispute with the contractor concerni ng over-billing on a cost-plus contract, Mr. Tidemann performed comprehensive an alysis of budgeted and actual costs, and provided expert testimony during formal arbitration conducted by AAA.
OTHER EXPERIENCE General Federal Government and Federal Acquisition Regulation (FAR) Projects. M r. Tidemann had complete responsibility for, and participation in, the following types of efforts relative to numerous agencies of the Federal Government: * Preparation and evaluation of Request for Equitable Adjustment proposals. * Preparation, negotiation, and evaluation of Claims Schedule analyses and the development of findings/reports of analyses results. * Termination for Convenience Settlement Proposal development and negotiations. * Change order/ modification development and negotiations. * Development and negotiation of entitlement/recovery positions for issues relat ed to differing site conditions, delays, directed and constructive changes, dire cted and constructive acceleration, defective/ deficient contract design documen ts, owner interference, site access denial, unusually severe weather, overzealou s inspection, sole source procurement, impossibility and impracticality of perfo rmance, liquidated damages, wrongful default termination, variation in estimated quantity, support during audits accomplished by the Defense Contract Audit Agen cy (DCAA), support of litigation team(s) in various government litigation and al ternative dispute resolution forums, and cost engineering/ analysis. Various Construction Projects, Casper, Wyoming. Mr. Tidemann's construction bac kground includes performance as a hands-on laborer, carpenter, superintendent, a nd project manager on a variety of projects including foundation and flatwork co ncrete construction, pre-engineered metal building erection, custom home constru ction, cabinetry, electric generating power plant, power plant cooling tower, of
fice buildings, pipeline surveying, and industrial/manufacturing facilities. EDUCATION: Experience equivalent to CM and MBA accreditation PAST-PRESENT REGISTRATIONS: License: Class B-1 General Contractor -Colorado PAST/PRESENT PROFESSIONAL MEMBERSHIPS: Construction Management Association of America Forensic Expert Witness Association American Mensa PUBLICATIONS: "Recovering Costs for Differing Site Conditions", The Excell Report, June 1992 "Project Problems and Early Detection - Early Cure", The Excell Report, October 1996 "Contract Terminations - The Rules Should Be Clear", Engineering News Record, Oc tober 13, 2006 "Estimate-To-Complete, or...Guess What?!", The Innovator (PinnacleOne Monthly Ne wsletter) February 2007, Lorman Education Services Monthly Newsletter, April 200 7 "Contractor Terminations: The End...or Not", The Innovator (PinnacleOne Monthly Newsletter), February 2006 PRESENTATIONS/SEMINARS BY TIDEMANN: Today's Contracting Environment, 12/4/1995 - North Dakota AGC State Convention, Fargo, ND Skills of Contract Administration, 12/5/1995- North Dakota AGC State Convention, Fargo, ND Getting Paid - Do or Die, 3/21/1996 - National Erectors Association, San Antonio , TX, 9/21/1996 - Mechanical Contractors Association of Canada, Whistler, B.C. Project Administration - A Real World Overview, 9/21/1996 - Mechanical Contracto rs Association of Canada, Whistler, B.C. Pre-Bid and Post-Award Risk Management, 3/9/1996 - International Association of Cold Storage Contractors Annual Conference, Atlanta, GA Changes Management, 3/10/1996 - International Association of Cold Storage Contra ctors Annual Conference, Atlanta, GA Practical Lessons in Project Management, Contract Administration, and Claims Avo idance, 11/8/1996 - International Association of Cold Storage Contractors Confer ence, Paradise Island, Bahamas, 6/17/2003 - Lorman Education Services, Phoenix, AZ, 11/7/2003 - Lorman Education Services, Casper, WY, 9/27/2004 - Lorman Educat ion Services, Casper, WY, 9/23/2005 - Lorman Education Services, Casper, WY Construction Manager at Risk and Design-Build in Texas, 10/17/2003 - Lorman Educ ation Services, El Paso, TX, 7/29/2005 - Lorman Education Services, Corpus Chris ti, TX, 7/21/2006- Lorman Education Services, El Paso, TX
Construction Manager at Risk and Design-Build in Arizona, 6/29/2004 - Lorman Edu cation Services, Tucson, AZ The Fundamentals of Construction Contracts: Understanding the Issues in Arizona, 10/27/2004 - Lorman Education Services, Phoenix, AZ, 10/6/2005 - Lorman Educati on Services, Phoenix, AZ The Fundamentals of Construction Contracts: Understanding the Issues in Texas, 1 2/13/2005 - Lorman Education Services, El Paso, TX Performance Risk & Project Management Relative to Fast Track Projects, 8/16/1996 - National Association of Surety Bond Producers Conference, Coeur d'Alene, ID Contractor Terminations: The End,...Or Not, 8/2/2005 - American Public Works Ass ociation Arizona Statewide Conference, Prescott, AZ, 9/11/2005 - Construction Ma nagement Association of America National Conference, Huntington Beach, CA, 2/23/ 2006 - Falmouth Institute - Planning and Managing Construction Projects in India n Country Conference, 1/4/2007 - Maricopa County Bar Association - Construction Section Monthly Meeting, Phoenix, AZ Recognizing and Addressing the Events That Lead to Claims; Differing Site Condit ions; and The Eichleay Formula, 2/6/2002 - The PinnacleOne Institute, Phoenix, A Z Don't Let Overhead Be Over Your Head, 7/15/2003 - American Public Works Associat ion Arizona Statewide Conference, Prescott, AZ, 11/13/2003 - Construction Owners Association of America, Owners Leadership Conference, Scottsdale, AZ, 9/15/2004 - American Public Works Association of America 2004 Congress & Exposition, Atla nta, GA, 9/22/2004 - Construction Owners Association of America, Arizona Chapter Luncheon, Phoenix, AZ Construction Claims Avoidance and Resolution, 11/16/2003 - Western Region of Nat ional County Engineers Association, Laughlin, NV Construction Defects, 4/17/2004 - Arizona Association of Defense Counsel Spring Retreat, Sedona, AZ Analyzing Construction Claims - Rocket Science Revealed, 3/1/2007 - Maricopa Cou nty Bar Association - Construction Section Monthly Meeting, Phoenix, AZ Tricks, Traps, and Ploys Used in Construction Scheduling, 9/16/2005 - Lorman Edu cation Services, Phoenix, AZ, 9/16/2006 - Lorman Education Services, Phoenix, AZ , 9/18/2007 - Lorman Education Services, Phoenix, AZ Contact Information: W. Scott Tidemann 1053 E. Coconino Dr. Chandler, AZ 85249 Hm. 480-802-3771 Cell 480-363-1365 [email protected]
Vice President, Excell Consulting International, Inc. 1996 - 2001 Colorado Springs, CO Mr. Tidemann directed all claims-related operations and provided staff/resource supervision for all efforts related to business development, proposal preparatio n, and representation of clients involved in disputes resolution efforts. Respo nsibilities and duties consisted of most matters listed in the following employm ent history positions. Senior Program Director, Excell, Inc. and International Consulting Enterprises, Inc. 1995 - 1996 Colorado Springs, CO Mr. Tidemann planned, managed, and directed performance of multiple teams assist
ing contractor and Owner clientele with resolution of construction and contractrelated issues, problems, and performance impacts. He was responsible for initi al client consultation and evaluation of project issues and impacts; cost and sc hedule impacts analysis; and on-going contract administration and loss control a ssistance. His duties also included assistance with negotiations of contracts, subcontract agreements, and resolution of modifications and cost/schedule adjust ments. Mr. Tidemann developed and implemented complex strategies, including for ensics analyses methodologies and damages computations. He also developed and i mplemented appropriate solutions to construction/contract issues; reviewed and p rovided improvement recommendations regarding client's contract and construction management systems and cost/schedule controls. His duties included claim or Re quest for Equitable Adjustment proposal research, development, and presentation efforts; as well as development and presentation of training seminars. Program Director, Excell, Inc. 1993-1995 Colorado Springs, CO Mr. Tidemann planned and coordinated research regarding entitlement, cost, and s chedule analysis efforts related to positioning and preparation of requests for contract adjustments. He assisted clients with favorable resolution of project p roblems/impacts, prepared budgets and schedules for internal project performance , and consistently achieved completion within time, budget, and resource constra ints. Senior Contract Administrator, Excell, Inc. 1991-1993 Colorado Springs, CO Responsible for construction management and contract administration services, Mr . Tidemann prepared cost overrun recovery positions in accordance with appropria te accounting standards. He also determined and developed entitlement and contra ctual access positions to enhance/support cost overrun recovery efforts. Contract Administrator, Excell, Inc. 1989 - 1991 Colorado Springs, Colorado Mr. Tidemann provided on-site and remote contract administration services, devel oped and implemented research procedures to support issue and problem analysis, entitlement identification, and causation development. He also assisted with im provement of clients' existing cost and schedule controls. General Contracting Projects, Colorado Springs, Colorado. Responsible for all o ffice and field operations with annual volume averaging $3 million, Mr. Tidemann oversaw all work performance activities, as well as bidding, procurement, contr act/ subcontract formation, scheduling, and job costing efforts. SELECT PROJECTS EXPERIENCE/HISTORY Phoenix Metro Light Rail Agency, Phoenix, Arizona. Provided claims review & eva luation services regarding 3 of the 5 railway line segments and the numerous seg mented REAs/claims submitted by each of the three different line segment contrac tors. Services included analyses of alleged multi-million dollar damages and da mage quantification methodologies, and involving time-related overhead, addition al overhead, labor and equipment inefficiencies, and planned vs. actual producti on rates variances. Colorado Department of Transportation/Colorado Office of the Attorney General, D enver, Colorado. Provided claims evaluation and advisory services in relation to a prime contract or claim comprised of, in part, claims being passed through from subcontractors. Initial services were provided at the project and contract administration leve l, and again later during research, analysis, and preparation for mediation. Is sue remained unresolved administratively, and additional services were provided
to the Colorado Office of the Attorney General in connection with, and preparati on for, formal mediation. Mr. Tidemann developed materials for presentation in m ediation proceedings by client's legal counsel. Catalina Foothills Unified School District, Tucson, Arizona. Through the Distric t's outside legal counsel, provided analysis and advisory services pertaining to a new school project procured via a CM@Risk project delivery methodology. Mr. Tidemann provided the services due to numerous unsupported requests for change o rders submitted by the contractor and its subcontractors throughout the course o f the project. Santa Maria-Bonita School District, Santa Maria, California. In an aggressive p rogram to expand and improve existing facilities and construct new school buildi ngs ($100 million, 16 sites), the school district entered into several contracts with a contractor and associated subsidiaries for design services, manufacturin g of modular buildings, building assembly and general construction as a prime co ntractor, and for construction management services. After two years, when the pr ogram was 75% complete, it became apparent that the contractor was not fulfillin g contractual obligations and was failing to pass through to the various other p rime contractors and its own subcontractors, funds it received on their behalf. Mr. Tidemann's group sorted through the mid-program particulars of scope, schedu le and cost regarding 220 individual contracts, and assisted the District's lega l counsel in defending against, and successfully negotiating, resolution of the numerous prime contractor and subcontractor claims/lawsuits without final litiga tion. Mr. Tidemann"s efforts effectively reduced the District's exposure from t he original $25 million estimate of damages to just over $7 million. DG Fenn Construction, Inc. - KinderCare Learning Centers, Phoenix, Arizona. Mr. Tidemann provided assistance to Contractor regarding the positioning, pricing, a nd negotiation of its Termination for Convenience Settlement Proposal. Subseque ntly provided support to contractor and its outside legal counsel in preparation and accomplishment of formal mediation regarding the additional amounts owed to the contractor because of the termination. Salt River Project (SRP), Phoenix, Arizona. Through the outside legal counsel of an insurer of Salt River Project (SRP), provided analysis regarding a worker el ectrocution event and how that event may have related to the project schedule an d the other work of the project. The project was a new Maricopa County jail ori ginally valued at ~$50M, and SRP was the provider of both the temporary and perm anent power on the project. Thatcher Unified School District, Thatcher, Arizona. Mr. Tidemann assisted the owner and their outside legal counsel in resolving significant defective workman ship issues and schedule delays involving a newly constructed high school. He a lso provided support in preparing for, and taking a lead role in, settlement neg otiations. United National Insurance, Phoenix and Sedona, Arizona. Mr. Tidemann conducted research and analysis regarding a dispute between a prime contractor and a subco ntractor, providing support to the contractor and their outside legal counsel (f or the insurance company) in efforts to identify and allocate responsibility for defective workmanship issues. He also provided deposition testimony. Broward County Community College, Broward County, Florida. Mr. Tidemann perform ed senior contract administration duties during the later stages of construction of a new library, and subsequently assisted with development of a comprehensive request for equitable adjustment valued at $750,000 for constructive changes, d irected changes, acceleration, and delays. City of Harvey, Harvey, North Dakota. Mr. Tidemann provided support to the cont
ractor's effort to recover cost and schedule impacts incurred due to differing s ite conditions. He also assisted the contractor in quantifying damages and prepa ring for negotiation sessions between the contractor and owner. Renovation of Army Barracks, Fort Wainwright, Alaska. Project owner was the US Army Corps of Engineers, and the contract was governed by the Federal Acquisitio n Regulation (FAR). Mr. Tidemann assisted with development of a comprehensive re quest for equitable adjustment valued at approximately $6 million for changes an d delays. He directed the actual costs reconstruction and reclassification effo rt and subsequent identification/ quantification of the damages incurred. He als o assisted with the research and development of individual entitlement issues. Natches River Bridge, Houston, Texas. Transportation. Mr. Tidemann assisted quest for equitable adjustment valued and constructive changes, overzealous n. Project owner was the Texas Department of with the development of a comprehensive re at approximately $20 million for directed inspection issues, delays, and acceleratio
Space Station Processing Facility, Kennedy Space Center, Florida. Project owner was NASA, and the contract was governed by the Federal Acquisition Regulation ( FAR). Mr. Tidemann directed development of a comprehensive request for equitable adjustment for the electrical subcontractor. The request, valued at $1 million, stemmed mainly from changes and delays arising from defective/ deficient design documents and the owner's actions and inactions. Later, Mr. Tidemann assisted t he contractor and its legal counsel with the development and presentation of a s ingle issue in front of the Board of Contract Appeals. Federal Detention Facility, Miami, Florida. Project owner was the Federal Bureau of Prisons, and the contract was governed by the Federal Acquisition Regulation (FAR). Mr. Tidemann was responsible for procurement and project controls develo pment/monitoring during the later stages of the construction of an 11-story high -rise, 1,100-bed prison. He subsequently assisted with development of a comprehe nsive request for equitable adjustment valued at approximately $13 million for c onstructive changes and resultant delays. Air Route Traffic Control Center, Anchorage, Alaska. Mr. Tidemann directed deve lopment of a comprehensive request for equitable adjustment valued at approximat ely $6 million for constructive changes, directed changes, acceleration and dela ys. He later provided expert testimony (relative to entitlement to damages, qua ntification of damages, and schedule analysis) in pre-trial deposition. The dis pute settled in subsequent negotiations. Tarrant County Jail, Tarrant County, Texas. Mr. Tidemann directed development o f a comprehensive request for equitable adjustment valued at $600,000 for change s and delays arising from defective/deficient design documents, and assisted wit h negotiations and settlement. Street Improvements, Columbus, Ohio. Mr. Tidemann directed development of a comp rehensive request for equitable adjustment values at $500,000 for changes and de lays arising from defective/deficient design documents. He also assisted with n egotiations and settlement and he provided expert testimony in mediation. New Highway Construction, Two Rivers, Wisconsin. Mr. Tidemann directed developm ent of a comprehensive request for equitable adjustment valued at $450,000 for c hanges and delays. He also assisted the client with negotiations and settlement . Uranium Mill Tailings Remediation Project, Mexican Hat, Utah. Project owner was the Department of Energy, and the contract was governed by the Defense Federal Acquisition Regulation. Mr. Tidemann co-directed the positioning of a contracto
r to self-terminate for convenience due to limitation of funding, and to convert the contract from a firm, fixed-price contract to a cost-reimbursable one. He also assisted with the identification, compilation, and presentation of actual c osts incurred, supported the client during an audit by the Defense Contract Audi t Agency (DCAA), and assisted with subsequent negotiations and settlement. Metropolitan Transit Authority, Miami, Florida. Mr. Tidemann assisted with quan tification of damages incurred by the contractor, primarily due to latently defe ctive/ deficient design documents, the owner's actions and inactions, directed a nd constructive changes, and delays. Cardinal States Gathering Line, Kentucky and West Virginia. For a project consi sting of a shallow-bury, 30" diameter, 32-mile gas pipeline, Mr. Tidemann direct ed development of a comprehensive request for equitable adjustment valued at $1 million for differing site conditions, constructive changes, directed changes, a cceleration, and delays. He also provided expert testimony (relative to entitlem ent to damages and quantification of damages) in pre-trial deposition. The dispu te was ultimately settled via mediation. Memphis-Shelby County Airport, Memphis, Tennessee. For construction of a new ai rport runway, associated runways, and aprons, Mr. Tidemann directed development of a comprehensive request for equitable adjustment valued at $11 million for di ffering site conditions, constructive changes, directed changes, acceleration, a nd delays. He also provided support to the client's legal counsel during arbitr ation conducted under AAA rules. Heilig-Meyers Furniture Company Corporate Headquarters Building, Richmond, Virgi nia. Acting as Owner's Representative on a dispute with the contractor concerni ng over-billing on a cost-plus contract, Mr. Tidemann performed comprehensive an alysis of budgeted and actual costs, and provided expert testimony during formal arbitration conducted by AAA.
OTHER EXPERIENCE General Federal Government and Federal Acquisition Regulation (FAR) Projects. M r. Tidemann had complete responsibility for, and participation in, the following types of efforts relative to numerous agencies of the Federal Government: * Preparation and evaluation of Request for Equitable Adjustment proposals. * Preparation, negotiation, and evaluation of Claims Schedule analyses and the development of findings/reports of analyses results. * Termination for Convenience Settlement Proposal development and negotiations. * Change order/ modification development and negotiations. * Development and negotiation of entitlement/recovery positions for issues relat ed to differing site conditions, delays, directed and constructive changes, dire cted and constructive acceleration, defective/ deficient contract design documen ts, owner interference, site access denial, unusually severe weather, overzealou s inspection, sole source procurement, impossibility and impracticality of perfo rmance, liquidated damages, wrongful default termination, variation in estimated quantity, support during audits accomplished by the Defense Contract Audit Agen cy (DCAA), support of litigation team(s) in various government litigation and al ternative dispute resolution forums, and cost engineering/ analysis. Various Construction Projects, Casper, Wyoming. Mr. Tidemann's construction bac kground includes performance as a hands-on laborer, carpenter, superintendent, a nd project manager on a variety of projects including foundation and flatwork co ncrete construction, pre-engineered metal building erection, custom home constru ction, cabinetry, electric generating power plant, power plant cooling tower, of
fice buildings, pipeline surveying, and industrial/manufacturing facilities. EDUCATION: Experience equivalent to CM and MBA accreditation PAST-PRESENT REGISTRATIONS: License: Class B-1 General Contractor -Colorado PAST/PRESENT PROFESSIONAL MEMBERSHIPS: Construction Management Association of America Forensic Expert Witness Association American Mensa PUBLICATIONS: "Recovering Costs for Differing Site Conditions", The Excell Report, June 1992 "Project Problems and Early Detection - Early Cure", The Excell Report, October 1996 "Contract Terminations - The Rules Should Be Clear", Engineering News Record, Oc tober 13, 2006 "Estimate-To-Complete, or...Guess What?!", The Innovator (PinnacleOne Monthly Ne wsletter) February 2007, Lorman Education Services Monthly Newsletter, April 200 7 "Contractor Terminations: The End...or Not", The Innovator (PinnacleOne Monthly Newsletter), February 2006 PRESENTATIONS/SEMINARS BY TIDEMANN: Today's Contracting Environment, 12/4/1995 - North Dakota AGC State Convention, Fargo, ND Skills of Contract Administration, 12/5/1995- North Dakota AGC State Convention, Fargo, ND Getting Paid - Do or Die, 3/21/1996 - National Erectors Association, San Antonio , TX, 9/21/1996 - Mechanical Contractors Association of Canada, Whistler, B.C. Project Administration - A Real World Overview, 9/21/1996 - Mechanical Contracto rs Association of Canada, Whistler, B.C. Pre-Bid and Post-Award Risk Management, 3/9/1996 - International Association of Cold Storage Contractors Annual Conference, Atlanta, GA Changes Management, 3/10/1996 - International Association of Cold Storage Contra ctors Annual Conference, Atlanta, GA Practical Lessons in Project Management, Contract Administration, and Claims Avo idance, 11/8/1996 - International Association of Cold Storage Contractors Confer ence, Paradise Island, Bahamas, 6/17/2003 - Lorman Education Services, Phoenix, AZ, 11/7/2003 - Lorman Education Services, Casper, WY, 9/27/2004 - Lorman Educat ion Services, Casper, WY, 9/23/2005 - Lorman Education Services, Casper, WY Construction Manager at Risk and Design-Build in Texas, 10/17/2003 - Lorman Educ ation Services, El Paso, TX, 7/29/2005 - Lorman Education Services, Corpus Chris ti, TX, 7/21/2006- Lorman Education Services, El Paso, TX
Construction Manager at Risk and Design-Build in Arizona, 6/29/2004 - Lorman Edu cation Services, Tucson, AZ The Fundamentals of Construction Contracts: Understanding the Issues in Arizona, 10/27/2004 - Lorman Education Services, Phoenix, AZ, 10/6/2005 - Lorman Educati on Services, Phoenix, AZ The Fundamentals of Construction Contracts: Understanding the Issues in Texas, 1 2/13/2005 - Lorman Education Services, El Paso, TX Performance Risk & Project Management Relative to Fast Track Projects, 8/16/1996 - National Association of Surety Bond Producers Conference, Coeur d'Alene, ID Contractor Terminations: The End,...Or Not, 8/2/2005 - American Public Works Ass ociation Arizona Statewide Conference, Prescott, AZ, 9/11/2005 - Construction Ma nagement Association of America National Conference, Huntington Beach, CA, 2/23/ 2006 - Falmouth Institute - Planning and Managing Construction Projects in India n Country Conference, 1/4/2007 - Maricopa County Bar Association - Construction Section Monthly Meeting, Phoenix, AZ Recognizing and Addressing the Events That Lead to Claims; Differing Site Condit ions; and The Eichleay Formula, 2/6/2002 - The PinnacleOne Institute, Phoenix, A Z Don't Let Overhead Be Over Your Head, 7/15/2003 - American Public Works Associat ion Arizona Statewide Conference, Prescott, AZ, 11/13/2003 - Construction Owners Association of America, Owners Leadership Conference, Scottsdale, AZ, 9/15/2004 - American Public Works Association of America 2004 Congress & Exposition, Atla nta, GA, 9/22/2004 - Construction Owners Association of America, Arizona Chapter Luncheon, Phoenix, AZ Construction Claims Avoidance and Resolution, 11/16/2003 - Western Region of Nat ional County Engineers Association, Laughlin, NV Construction Defects, 4/17/2004 - Arizona Association of Defense Counsel Spring Retreat, Sedona, AZ Analyzing Construction Claims - Rocket Science Revealed, 3/1/2007 - Maricopa Cou nty Bar Association - Construction Section Monthly Meeting, Phoenix, AZ Tricks, Traps, and Ploys Used in Construction Scheduling, 9/16/2005 - Lorman Edu cation Services, Phoenix, AZ, 9/16/2006 - Lorman Education Services, Phoenix, AZ , 9/18/2007 - Lorman Education Services, Phoenix, AZ Contact Information: W. Scott Tidemann 1053 E. Coconino Dr. Chandler, AZ 85249 Hm. 480-802-3771 Cell 480-363-1365 [email protected]
