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Experience

Claims Analysis

Palms Place Hotel & Spa, Las Vegas, NV, Expert Witness. Mr. Boyken was retained by the contractor in matter, Palms Place, LLC. v Kittrell Garlock & Associates, Architects AIA Ltd., d/b/a KGA Architecture, M.J. Dean Construction, Inc. v Embassy Glass, Inc., A-11-645150-C, US District Court of Clark County Nevada  to provide expert witness testimony on contractor standard of care, contract review & analysis, on-site inspection, post tension cable cost analysis and development of the cost to complete. Located west of the Las Vegas Strip, the Palma Place ultra-posh condo-hotel is a 600 unit skyscraper next to the Palms Casino Resort. The $650M, 50 Story tower features 9 inch thick post tensioned floors and an elaborate glass skin totaling 1.1M SQ FT. A 700 FT long “SkyTube,” enclosed elevated moving walkway, connects to the adjacent Palms Casino Resort. The tower rises from a 5 level podium parking deck, restaurant, retail, offices, 50,000 SQ FT pool and a 2 level spa with 20 treatment rooms & Turkish style bath house.

Fontainebleau Hotel, Resort & Casino, Las Vegas, NV, Expert Witness. DRB provided contract review & analysis, on-site inspection, and review of construction documents in support of forensic cost and claims analysis on the Fontainebleau Las Vegas, case Brigade Leveraged Capital Structures Fund, Ltd., et al. v. Fontainebleau Resorts, LLC et al., Clark County District Court, Nevada, which was accused of funneling money into the Project. DRB also provided project oversight for a team of professionals engaged in the forensic analysis of the work in place and cost to complete. Because of DRB’s detailed research and expert testimony, the client was able to secure a settlement totaling more than $115M for a group of investment funds in connection with the lawsuit filed against the Owner and other officers & executives involved in the $2.9 Billion Project. DRB provided valuable research for the matter Avenue CLO Fund Ltd. et al. v. Bank of America NA et al., in the U.S. District Court for the District of Nevada, where our client represented plaintiffs in a case brought against Bank of America which involved claims that the bank breached its obligations as disbursement agent on the Fontainebleau Las Vegas Project.

Venetian Hotel and Casino Resort, Las Vegas, NV, Expert Witness. On behalf of a law firm and Venetian Hotel and Casino Resort, Mr. Boyken provided expert witness services and deposition testimony before the special arbitrator and circuit court of Clark County, Nevada. Phase I included 3,036 suites in the Guest Tower, a 116,000 SF casino, 500,000 SF of meeting and convention space and a 63,000 SF health spa. In addition,  the “Grand Canal Shoppes” on the second floor above the casino offer 500,000 SF of specialty shops situated around a canal that measures  almost a quarter of a mile. Mr. Boyken’s services included developing a cost to complete analysis for the unfinished work & change orders, and the cost to correct deficient work.

The Bay Resort, Providenciales, Turks & Caicos Islands, British West Indies, Expert Witness.  The scope of work included the review and analysis of contract documents and establishment of the necessary support documentation. DRB worked with the client to develop the support documentation for change orders recovering ninety percent (90%) of the claimed costs. The team provided scheduling information, analysis, damage calculations and testimony demonstrating the owner’s delays to the contractor. As Expert Witness, Mr. Boyken led the project litigation support team to its successful conclusion in matter Bay Hotel and Resort, Ltd. and Zurich Indemnity Company of Canada v Cavalier Construction Co. Ltd. and Cavalier Construction Co. Ltd. UKPC34, Court of Appeals of the Turks and Caicos Islands by the Lords of the Judicial Committee of the Privy Council.

Resort at SummerlinResort at Summerlin, Las Vegas, Expert Witness. The Resort at Summerlin is a Hotel, Casino & Resort located in Summerlin, Nevada, a suburb of Las Vegas. The Resort and Casino consist of two 7-story hotel towers with 300 rooms each, 80,000 SQ FT Casino, 48,000 SQ FT Convention Center and a 1,000 Car Parking Garage. These structures are attached to the hotel space with a multilevel complex, housing restaurants, a health spa and retail shops. Mr. Boyken led a team to provide professional consulting services related to the closeout of the Resort at Summerlin and support for the litigation process. His initial assignment was to review the contract information, project documents and the actions of the project/construction manager to provide an opinion of their work. Additional services included the development of issue and topic files, and expert testimony relative to the presentation of his findings.

Animal Health Research Center, Bio-Containment Facility, University of Georgia, Athens, GA, Expert Witness. The Animal Health Research Center (AHRC) is a three (3)-story concrete and masonry structure with a gross area of 72,945 SF. The stated mission for the AHRC is for the identification, detection, and research of dangerous diseases such as Anthrax, West Nile Virus and Mad Cow Disease. When the original construction was complete, the building was not commissioned for operation because of construction and operational deficiencies. The contractor, several subcontractors, vendors, the Owner and design professionals were included in litigation arising out of alleged project delays, extra work, and design/construction deficiencies, with claims and counterclaims aggregating in excess of $12M. On behalf of the Finance and Investment Commission for the State of Georgia, Mr. Boyken led the team reviewing and analyzing the construction defects and prepared documentation that resulted in a successful mediation of the dispute. Mr. Boyken’s firm was later retained by the State of Georgia to provide project management services to correct the defects and expand the facility.

Athens-Clarke County Nature Center, Athens, GA, Expert Witness. Retained by Merbaum Law Group, P.C. on behalf of Talbot Construction, Inc., Mr. Boyken provided claims analysis of the project schedule and cost to complete of an addition to the existing Sandy Creek Nature Center building, parking lot modifications and miscellaneous auxiliary structures. The property features 225 acres of wood & wetlands, 4 miles of trails and ADA interpretive trail/connections to the North Oconee River Greenway and Cook’s Trail. The education and visitor center include live reptiles, amphibians and freshwater aquariums housed in an interactive, eco-friendly building. Mr. Boyken provided expert witness and deposition testimony before the special arbitrator and circuit court.

Coors Brewing Company vs. Jacobs Engineering Group, Expert Witness. The Coors Shenandoah Brewery was built to give the Denver-based brewer cheaper access to the East and cut their transportation costs by $30M. The brewery was the largest brewing facility built in the United States since 1991 and included a 100,000 SQ FT brewing building, as well as 4,000 computer-controlled valves that ran on a 24/7 bases. Mr. Boyken was retained by Keesal, Young and Logan on behalf of Jacobs Engineering Group, Inc., Jacobs Construction Services, Inc. and their associated companies to provide an expert report regarding the Shenandoah Brewery Project, which ended up costing $122.9M more than initially projected. The project included the review and claims analysis of contract documents, establishing the necessary support documentation, review and rebuttal of the Plaintiff’s expert reports.

Ritz-Carlton Grand Cayman, Cayman Islands, Expert Witness. The Project included the construction of a three hundred (300) room Ritz-Carlton Resort and ninety-three (93) Ritz-Carlton Condominiums. The property is situated on one hundred forty-four (144) acres stretching sea to sea from the Caribbean to the North Sound.  The base project was a $124.3M construction package with a GMP contract between Owner, Humpreys (Cayman) Ltd. and Fluor Daniel Caribbean Ltd.

Mr. Boyken was engaged to provide expert analysis in support of the Owners’ interests in connection to claims against property insurers for damages to the Ritz-Carlton, arising from Hurricane Ivan. Services included research and review of construction & schedule related to the failure of building siding. Forensic analysis & support was provided to the Owner’s legal representatives by preparing probable cost for replacement, performing research regarding the application of the material, and participating in mediation activities to reach a settlement. Mr. Boyken also provided professional construction consulting services which included development management, construction review and costing services.

Devonshire at PGA, West Palm Beach, FLDevonshire at PGA, West Palm Beach, FL, Expert Witness. Located on 26 acres, this premier senior living community offers five-star service, 30 floor plan styles, a 65,000 SQ FT clubhouse, resort-style pool, world-class fitness center and Devonshire’s Stratford Performing Arts Center. On behalf of Walbridge Aldinger Construction, Mr. Boyken was retained to review and analyze the $34.2M construction contract and prepare an independent expert claims analysis of the costs for change orders, in response to the Owner’s claim.

Savannah Convention Center, Savannah, GA, Expert Witness. Mr. Boyken was retained by the Contractor and Chatham County to explore the sources of disagreement related to the construction of the $90M convention center. The dispute centered on the contract requirement of the contractor to provide accurate pricing information through the design period. The contractor had started construction based on the prior commitment for a cost of the work; however, that price increased during the design completion. The design firm and owner contended the design had not changed.

Coca-Cola Soft Drink Concentrate Plant, Ballina, Ireland, Expert Witness. Ballina Beverages develops the concentrates, beverage bases and syrups for producing the Coca-Cola range of drinks. As one of the 300 bottling partners that make up the Coca-Cola System, the largest beverage distribution system in the world, they export the concentrate all around Europe and the rest of the world. Mr. Boyken was retained by the manufacturer to analyze the construction defects and assist the owner in developing a claim against the design builder.

Calvery ChurchCalvary Church, Charlotte, NC, Expert Witness. The Calvary Church building is a Charlotte icon with its unique exterior and crown shape, originally designed by Roe Messner. The church board fired Messner when he became embroiled in the PTL scandal, and J.N. Pease Associates Architects modified/completed the design. The main sanctuary seats 5,000 in front of a 11,499 pipe organ, which is one of the twenty largest pipe organs in the world. Mr. Boyken was retained to provide cost analysis of multiple changes to the facility and to offer an opinion as to the appropriate amount for the changes, resulting in a negotiated settlement with the contractor.

The Savoy 3rd Avenue and 60th Street Retail Center, New York, NY, Expert Witness.  The Savoy is a mixed use building that straddles the border of Midtown’s core Central Business District and the Upper East Side. The property is comprised of 52,317 SQ FT of commercial space on three (3) floors of a 43 story luxury residential building. Mr. Boyken was retained to review tenant renovations to the retail center, to determine the impact on the neighboring condo tower and brownstone, and the cost to correct the alleged defective work. He also provided deposition testimony.

Baptist Hospital of Miami, Miami, FL, Expert Witness. Baptist Hospital of Miami is a non-profit hospital located in Miami, Florida, operated by Baptist Health South Florida. The 728-bed facility is the largest hospital in the Miami area, offering a Level 2 Comprehensive Stroke Center & Cardiovascular Services. Mr. Boyken led the forensic team to determine the source of the patient room wall discoloration and crafted the solution for the design team and contractor to implement in order to correct the problem. The matter was then resolved without litigation.

Diplomat Resort & Spa, Hollywood, FL, Claims Analysis. The Diplomat Resort & Spa in Hollywood, Florida is a 998-key Westin hotel with a marina, golf course and clubhouse. Retained by counsel for Diplomat Properties Limited Partnership to review the performance of the development manager and Owner’s representative, the initial assignment was expanded to include a detailed investigation of the development manager’s performance in regards to contractual planning, organization, control, and reporting functions. Detailed estimates were prepared for the planned cost of mechanical, electrical, and structural components of major areas in the Project and compared those estimates to the $775M final scope. The report identified variances where the actual costs significantly exceeded the reasonable cost for the work and reported to the client on the contribution of development manager’s failures of performance to those cost overruns.

JDM Medical Office Building, Fayetteville, GA, Expert Witness. Mr. Boyken was retained by the owner and his attorney to assist in preparing the claim against the contractor for construction defects. He also provided deposition testimony.

Radisson Hotel, Atlanta, GA, Expert Witness. Mr. Boyken was retained by the law firm representing the creditors for the Radisson Hotel located in downtown Atlanta. The engagement included an analysis of the project documents, development of a cost to complete the renovations and an analysis of the additional corrective work needed to facilitate sale of the property. The matter settled and no testimony was provided.

Kimberly Industries vs. Job Corps Center, Charleston, WV, Expert Witness. Mr. Boyken was retained by the contractor and his attorney to evaluate the project bid documents and develop the claim to support the additional compensation claim. The matter was settled without testimony.

Sanford Airport Expansion, Bahamas, Expert Witness. Mr. Boyken was retained by the contractor and his attorney to develop a response to the owner’s claim of non-performance. The matter was settled without testimony.

Atlanta Airport Electrical Claim, Atlanta, GA, Fact Witness.  The Department of Aviation for the City of Atlanta developed a preliminary budget and construction schedule for the additional gates and the reconfiguration of Concourse “E” for larger aircrafts. The scope of work includes extension of the north and south ends, relocation of loading bridges and revisions to the aircraft services. Mr. Boyken was retained to assist the city’s attorneys to defend the claim by the electrical subcontractor for delays and damages. Mr. Boyken was the schedule and budget analyst for the project management team and provided background information and testimony for the claim resolution in front of a special master.

Civitan Club vs. Georgia Power, Carrollton, GA, Expert Witness. Mr. Boyken was retained by Civitan Club to develop the replacement cost for a structure that was consumed by a fire and to provide testimony in the circuit court.

IllumElex vs. C.T. Wilson Construction Company, Raleigh, NC, Expert Witness. Mr. Boyken was retained by the contractor to analyze the changes relating to the dispute between the contractor and the electrical contractor on a multi-prime university project in North Carolina.

CONTACT DRB CONSULTING, LLC

6160 Peachtree Dunwoody Road, Suite B-200
Atlanta, GA 30328
Direct Line 678-615-2901

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