Power Plant Project

Christopher J. Mather Page *

CONSTRUCTION MANAGEMENT CONSULTANT - ENHANCES REVENUE RECOGNITION & COMPUTES REALISTIC SCHEDULE AND COST LOSSES

General Experience

I have owned my own consulting business for fourteen years, quantifying and mitigating Plaintiff's

and Defendant’s damages. I have over 30 years experience in domestic and international construction

matters, manufacturing consulting, contract administration and auditing assignments.

I recently assisted an EPC contractor to complete three (3) power plants on time and within budget. I

also helped mitigate the assessment of LDs. The EPC's contract was completed a year ahead of the

original planned contract completion date. I significantly mitigated the EPC contractor's cost

exposure and improved its project margin.

I previously worked as Director of Construction Services for one of Canada's premier forensic

accounting firms. I was responsible for addressing all construction matters for its offices world-wide.

Prior to that I was General Manager and Director of Contracts for a systems integrator. Prior to that,

I was employed for eleven years by a leading E&C firm in the USA to evaluate and quantify change

orders, claims and damages for Owners (private and public), GCs, Suppliers and Subcontractors. I

previously worked in Hull, Yorkshire, England, for a “Big Eight” accounting firm.

My responsibilities have included issue identification, damages analysis, operational investigations,

electronic discovery and document analyses. Specific services provided have included the analysis and

evaluation of delay, disruption and acceleration claims. I have analyzed and developed numerous

claims that evolved from differing site conditions, constructive changes, defective specifications and

lost productivity.

I am published in my field through R. S. Means and have authored technical articles. I have presented

training seminars in a number of venues. I have testified as an expert witness in an international

arbitration forum in Zurich, Switzerland under ICC rules. I have been deposed in Federal and State

Court proceedings and have participated in a Canadian mediation proceeding. I served as an

international facilitator in a Jamaican dispute. My international experience encompasses projects in

North America, Europe, Asia, the Middle East and the Caribbean.

The following is a sampling of my experience:

Airports and Baggage & Material Handling Systems

Commercial Risk Assessment & Mitigation Assignments

Railcar Manufacturing Disputes

Government Contractor Project Disputes

Terminations for Default & Convenience

Automobile Paint Shop Structures

Shipbuilding Disputes

Missile Production

Surety matters

Power Plant (WFGD, ESP & Bag House) Risk Mitigation & Dispute Matters

School Construction Projects

Commercial, Hotel, Casino and Convention Center Projects

Waste Water Treatment Plants

Pre-stressed Concrete Dam Construction

Apartment & Office Complex Disputes

Various International Risk Mitigation & Dispute Assignments.

CONSULTING SERVICES FOR CLIENTS WORLDWIDE

Christopher J. Mather Page 2

CONSTRUCTION MANAGEMENT CONSULTANT - ENHANCES REVENUE RECOGNITION & COMPUTES REALISTIC SCHEDULE AND COST LOSSES

Education and Employment

I graduated with a Bachelor of Science degree (with Distinction) from Pennsylvania State University.

I have over 30 years experience in domestic and international construction issues, contract administra-

tion, manufacturing consulting and other accounting/auditing matters.

Previously, before starting my own consulting companies, Construction Solutions, Inc. and Construc-

tion Solutions International, LLC, I was Director of Construction Services at Kroll Lindquist Avey

an international forensic accounting and consulting firm headquartered in New York. I was responsi-

ble for the implementation, development and expansion of the firm’s Construction Litigation practice

throughout its offices worldwide.

For eleven years, I was employed by MDC Systems Inc. (a unit of Day & Zimmermann Inc. a major

E&C firm in the United States) to evaluate and develop claims and damages for Owners, GCs, sub-

contractors and public agencies.

Typical assignments included the following:

Provided PMO and CM Services

Provided Assistance to Project Controls

Processed and Negotiated Large PCOs

Evaluated & Determined Cost to Complete

Evaluated and determined claim damages for Owners, Prime Contractors & Subcontractors

Assisted Counsel in Document Discovery

Prepared and Defended Itemized Claims

Identified events impacting project’s Critical Path

Quantified Impact/Inefficiency Claims

Developed Termination Proposals

Analyzed and Assessed T4C/T4D Claims

Performed Operational Performance Audits

Detailed Employment and Experience

I recently assisted an EPC contractor complete three (3) power plants on time and within budget. I al-

so helped mitigate the assessment of LDs. The EPC's contract was completed a year ahead of the orig-

inal planned contract completion date. I mitigated the EPC contractor's cost exposure and not only

mitigated erosion of the original project margin but helped to exceed the original project margin.

Prior to this EPC assignment, I developed a Request for Equitable Adjustment ("REA") on a Baggage

Handling System at an airport in the Northeast for a leading BHS manufacturer. I was also tasked to

prepare the Mechanical Installation subcontractor’s REA for the same project against the Owner and

GC. These matters went to mediation and were settled. Prior to this assignment, I helped prepare

major Change Orders for the BHS contractor at another major airport project in the South East.

Additionally, I have defended a conveyor belt manufacturer in the automotive industry against a sub-

contractor’s initial assessed claim of $2.2MM. This matter was settled for less than a third of the origi-

nal claimed amount due to my extensive and thorough analysis. I was deposed, and the parties settled

shortly thereafter.

CONSULTING SERVICES FOR CLIENTS WORLDWIDE

Christopher J. Mather Page 3

CONSTRUCTION MANAGEMENT CONSULTANT - ENHANCES REVENUE RECOGNITION & COMPUTES REALISTIC SCHEDULE AND COST LOSSES

I have quantified the total costs incurred by a demolition and abatement sub-contractor on an envi-

ronmental remediation matter that came in well over budget. I identified where costs were spent and

determined and quantified potential areas of additional revenue recovery for the prime contractor.

I have represented an 8(A) Company that was Terminated for Convenience by the US Navy. I was

tasked to prepare the company’s Termination Proposal and also the GC subcontractor's proposal.

The parties settled this matter.

On another matter involving the US Air Force, I assisted in the conversion of a Termination for De-

fault matter into a Termination for Convenience. This task required me to evaluate the technical and

scheduling matters involved with this conversion and to compute the associated damages and prepare a

settlement proposal on behalf of the GC to the Owner. This matter was settled.

I have quantified losses incurred by my client based on three insurable loss events that occurred during

the construction of a power plant constructed in Pakistan. I attended mediation and presented my

findings with all attendant parties. I met with the Defendant’s cost experts, and we discussed our rela-

tive positions. The matter was resolved based upon our analyses.

I have represented a Masonry Subcontractor on a school project that was Terminated for Default by

the Owner. My report quantified the damages the subcontractor suffered resulting from the School

Board’s actions. The matter was settled at mediation.

I have represented a Sheet Metal subcontractor in the development of a Request for Equitable Ad-

justment on two Atlantic City casinos and a High School. All of these “REAs” were settled.

On another matter, my client involved in the construction of power plants, entered into an EPC con-

tract to construct and perform a facility upgrade. I was tasked to assist with the restructuring of the

EPC’s contract with the Owner, addressing Schedule, Commercial issues and to address all open is-

sues, resulting in the creation of an equitable solution to all parties. This matter was settled.

In New England, I was retained by the EPC contractor to assist it in developing and asserting affirmative

claims involving the construction of a 730-megawatt power plant. I interviewed key witnesses, assisted

with electronic and document discovery, and identified and quantified additional costs due the EPC con-

tractor. I assisted in the contractor’s defence against claims in excess of $45 million. All matters were

settled.

In Turkey, I defended a major US OEM supplier from claims brought by the Owner. My client’s

principle responsibilities were to provide the process, tower detail and BOP basic design; engineer

equipment supplied; process piping, valves and fittings; flakeglass lining and tower internals, and in-

strumentation (CEMS and DCS). It was determined that that the asserted claims by the Owner were

overstated. These matters were settled.

I helped to settle a disputed matter between the Owner and a major US OEM supplier on a power

plant project in Taiwan. I developed and prepared the OEM’s claim against the Owner for argument

before an ICC arbitration tribunal in Taiwan. I refuted the LDs assessed by the Owner against the US

OEM supplier on a $120 million contract, which included the Engineering, Fabrication, Manufacture,

Testing, and Delivery of four (4) complete FGD units. This matter was settled.

CONSULTING SERVICES FOR CLIENTS WORLDWIDE

Christopher J. Mather Page 4

CONSTRUCTION MANAGEMENT CONSULTANT - ENHANCES REVENUE RECOGNITION & COMPUTES REALISTIC SCHEDULE AND COST LOSSES

I examined the client’s JCRs to identify cost overruns incurred during the CEMS installation for over

twenty utility companies in the USA. I identified the source and magnitude of each cost overrun due

the contractor resulting from work performed beyond the contractor's scope. After serious negotia-

tions the utility Owners compensated the CEMS contractor.

I worked for FINSAC, an agency within the Jamaican Ministry of Finance, to develop and analyze

several claims on construction-related matters involving a leading well-known international hotel and

an eight-story office complex. The contractor ultimately dropped its multi-million dollar claims

against the Owner.

Additionally, I analyzed the costs and schedule impacts of several school projects, either under con-

struction or recently completed.

I defended a masonry subcontractor against a GC's claims for additional construction costs, claimed

extended home office overhead costs, and lost rental income. I prepared the Defendant’s counter-

claim, including its claim for the unpaid contract balance due the subcontractor, based on its stated

percentage of completion achieved when it left the project due to non-payment of its contract balance.

In addition, I quantified the Defendant’s extended home office overhead costs and calculated the sub-

contractor’s proposed labor overruns due to its loss of productivity. The jury awarded approximately

85 percent of all calculated and claimed damages. Additionally, the jury awarded the Defendant both

interest and punitive damages and awarded nothing to the Plaintiff for its Counterclaims.

I assisted an Electrical Contractor to submit change orders to a public agency on two separate public

projects and prepared the record in the eventuality the matters had ultimately gone to trial. Both cas-

es were settled favorably

Previous Experience

MARSULEX ENVIRONMENTAL TECHNOLOGIES, Lebanon, PA

Commercial Director, 2011 - 2013

I assisted all departments in commercial aspects, primarily Operations and Sales & Marketing; I assist-

ed in intellectual property protection and performed commercial review and due diligence on pro-

posed partners for future projects / ventures. I applied entrepreneurial experience to improve

Operations and used my extensive commercial experience to achieve corporate requirements and im-

prove contract management. I applied my expertise to mitigate the company's exposure to potential

schedule risks and serious cost exposure, before either were fully realized. I completed three projects

and mitigated any margin erosion.

KROLL LINDQUIST AVEY, Philadelphia, PA

Director of Construction Services / Senior Associate, 1996 -1999

MDC SYSTEMS DIVISION, D&Z International, Inc., Radnor, PA

Senior Financial Consultant, 1989 – 1995

BOHDAN ASSOCIATES, Gaithersburg, MD

General Manager / Director of Contracts, 1984 – 1989

MDC SYSTEMS CORP. (Subsidiary of Day & Zimmermann, Inc.), Philadelphia, PA Claims Analyst

/ Financial Consultant, 1981 – 1984

CONSULTING SERVICES FOR CLIENTS WORLDWIDE

Christopher J. Mather Page 5

CONSTRUCTION MANAGEMENT CONSULTANT - ENHANCES REVENUE RECOGNITION & COMPUTES REALISTIC SCHEDULE AND COST LOSSES

WILMINGTON SCHOOLS (Montessori and Quaker), Wilmington, DE

Teacher, 1978 – 1980

ERNST & WHINNEY, Hull, England

Indentured Chartered Accountant Apprentice, 1970 - 1974

J. H. MATHER & SONS LTD., Hull, England

Apprentice Construction Laborer, 1964 – 1970

Education

Bachelor of Science (with Distinction) Pennsylvania State University,

Professional Affiliations

Signatory to the Granada Declaration to Foster Mediation - May 17, 2013

American Arbitration Association

The CFMA's (Industry Professional) Representative Sitting on the AAA’s National Construction

Dispute Resolution Committee ("NCDRC") representing 6,500 CFMA members

NCDRC - International Sub-Committee Member: Purpose to Address International Arbitration

and ADR matters

Construction Financial Management Association ("CFMA") Member

NCDRC Industry Professional Sub-Committee Member: Tasked with studying and encouraging

the increase and inclusion of Industry Professionals onto the AAA's Mediation and Arbitration

Roster Panels

Formerly accepted to the AAA's Panel of Arbitrators on February 5, 1993

AAA Mediator Training - American Arbitration Association - Level 1

Epilepsy Foundation - Southeastern Pennsylvania (former Treasurer and Board Member)

PSU Alumni Association (Life Member).

Publications

"Alternate Dispute Resolution: Taking Control of Your Disputes to Save Time & Money" - Webinar

Prepared and Presented for CFMA - October, 2013

“New Approach to Construction Claims” - Building Profits Magazine (CFMA), 1998

“New Approach to Construction Claims” - The Legal Intelligencer, 1997

“Avoiding & Resolving Construction Claims” - R. S. Means, (Co-author), 1990

Presentations / Seminars

A full listing is available upon request.

CONSULTING SERVICES FOR CLIENTS WORLDWIDE

Christopher J. Mather Page 6

CONSTRUCTION MANAGEMENT CONSULTANT - ENHANCES REVENUE RECOGNITION & COMPUTES REALISTIC SCHEDULE AND COST LOSSES

Continuing Education Experience

A full listing is available upon request.

Mediation and Testimony Experience

I have qualified and testified as an Expert Witness on Damages. I have opined on damages in a num-

ber of venues, including an ICC arbitration proceeding in Zurich, Switzerland; in the United States in

Federal and State court matters; and in ADR forums that were subject to the auspices of the AAA

Arbitration and Mediation procedures. A listing of my deposition and testimony experiences is avail-

able upon request.

Facilitator Experience - Commendation

"The Airports Authority of Jamaica (AAJ) wishes to thank you for your input as facilitator in the discussions

with the contractors over the period February 8 to 10, 2000. Your presence ensured cordial deliberations be-

tween both parties and your proposal formed the basis of the overall settlement; for that we are most grateful."

[June 27, 2000.]

Recommendations & Commendations

Recommendations and other Commendations are available upon request.

Contact Information

Construction Solutions International, LLC

481 Timber Lane, Devon, PA 19333-1232.

Bus: 610-***-****

Fax: 610-***-****

Cell: 484-***-****

Email: *********@*******.***

www.linkedin.com/in/cmather/

Skype: cmather52

CONSULTING SERVICES FOR CLIENTS WORLDWIDE

SUMMARY of CLAIMS ASSESSED & ANALYZED ("Hard Money " Only) to Present

Claim Value

Ref. Project Type Plaintiff Defendant

1 Railcar Manufacturer - Indiana (Pullman v. Amtrak)(R-46) $ 350,000,000 $ -

2 Railcar Manufacturer - Indiana (Pullman v. Amtrak)(Superliner Program) $ 300,000,000 $ -

3 Pre-Stressed Dam - New Mexico & Washington State $ - $ 5,000,000

[*1]

4 Irrigation System - Washington State $ - $ 6,000,000

[*1]

5 Retail Complex - Maryland $ 1,000,000 $ -

6 Highway/Cantilever Bridge - Illinois $ - $ 14,000,000

[*1]

7 Aircraft Surveillance Program - Florida $ 120,000,000 $ 150,000,000

[*1]

8 Shipbuilding - UK $ - $ 6,000,000

[*1]

9 Tar Sands Refinery - Canada $ 630,000,000 $ 120,000,000

[*2]

10 Ethylene Plant - Louisiana $ 18,000,000 $ -

11 High-Rise Office Building - Alabama $ - $ 15,000,000

12 Five Star Hotel - Spain $ - $ 93,000,000

[*2]

13 Precipitator Modifications - New Jersey $ 6,000,000 $ 10,000,000

14 Chemical Protective Suits - Puerto Rico $ - $ 95,000,000

[*1]

15 Manufacture of CEMS - CO Assessment - California $ 20,000,000 $ -

16 Automatic Train and Crew Dispatching System - Pennsylvania $ - $ 1,000,000

17 Convention Center - New York $ - $ 16,000,000

[*1]

18 64 Story High-rise Office Complex - Illinois $ 60,000,000 $ 10,400,000

19 Termination for Default - HUD - New York $ 300,000 $ -

[*1]

20 Sewage Treatment Plant (T4C) - Illinois $ 1,000,000 $ -

21 Peace Shield Litigation - Saudi Arabia (T4D) $ 1,250,000,000 $ 625,000,000

[*1]

22 Prisons/WWTP - Carolinas $ 16,000,000 $ -

[*1]

23 Air Combat Maneuvering Range (T4C) (ICC) (Iran) $ - $ 12,600,000

[*2]

24 Metal Finishing Facility (T4C) - Michigan $ 750,000 $ -

25 Automobile Paint Finishing Facility (T4D) - South Carolina $ 2,500,000 $ 3,500,000

26 Capacitor Investigation - California $ - $ 125,000,000

[*1]

27 Automobile Paint Replacement Plant - Delaware $ 15,800,000 $ -

28 Missile Program - Utah $ 1,100,000 $ 6,700,000

[*1]

29 Pharmaceutical Plant Construction (Workout) - New Jersey $ 12,000,000 $ -

30 USPS Mail Distribution Center - Illinois $ - $ 2,300,000

[*1]

31 Refinery Upgrade Facility - Saudi Arabia Confidential Confidential

[*2]

32 Roofing Contractor Claim (T4D) (PSWR) - Ohio $ - $ 621,000

[*1]

33 Automobile - Electrical Subcontractor Claim - Michigan $ - $ 2,000,000

34 Automobile Paint Shop Enhancement Claim - Michigan $ 670,000 $ -

35 Roof Replacement Claim - VA (T4D) (RPW) $ - $ 956,000

[*1]

36 Hydroelectric Power Plant Claim - Canada $ - $ 1,000,000

[*2]

37 Pipeline Replacement Program - Saudi Arabia $ 120,000,000 $ 40,000,000

[*2]

38 Nursing Home Facility $ - $ 1,000,000

39 Five Star Hotel Arbitration - Jamaica $ 13,300,000 $ 7,200,000

[*2]

40 Shipbuilding - Louisiana $ - $ 2,346,000

41 Shipbuilding - UK $ - $ 1,316,000

[*1]

42 Excavation Claim - Convention Center - Pennsylvania $ 750,000 $ -

Termination Settlement Proposal (T4C) $ 100,000

[*1]

43 Highway Anchor Bolt Overrun Claim - Massachusetts $ 256,000 $ -

44 Refutation of Backcharges - Piling Subcontractor - Pennsylvania $ - $ 75,000

45 Automobile Paint Shop Enhancement Claim (Metro) - Michigan $ - $ 1,000,000

46 Automobile Supplier -Termination for Convenience - Michigan $ - $ 100,000

47 Automobile Paint Shop Enhancement Claim (Honda) - Carolinas $ 3,000,000 $ -

48 School Renovation Claim - Pennsylvania $ 400,000 $ -

49 Waste Water Treatment Plant Claim - Illinois $ - $ 16,000,000

50 Automobile Paint Shop Fabrication Claim (Chrysler) - Michigan $ 1,000,000 $ 2,500,000

$ 3,900,000 $ -

51 Automobile Industrial Claim (UK Contractor) [*2]

52 Automobile Paint Shop Subcontractor Claim - Michigan $ - $ 2,000,000

53 Office Complex Claim - Jamaica $ - $ 5,714,000

[*2]

54 Dispute over Architect's Fees $ - $ 600,000

55 Mediation of Airport Apron Cost Overruns (Spanish Contractor) - Jamaica $ 325,000 $ 750,000

[*2]

56 Federal Courthouse - Preliminary Analysis - Ohio $ 8,200,000 $ -

[*1]

57 Auto Industry - Steel Erection Claim - Michigan $ 8,000,000 $ -

58 Auto Industry - Insulator Contractor Claim - Michigan $ - $ 75,000

59 Electrical Contractor's Extension Claim - Pennsylvania $ 150,000 $ -

60 Electrical Contractor's Scope Reduction Claim - Pennsylvania $ (300,000) $ -

1

SUMMARY of CLAIMS ASSESSED & ANALYZED ("Hard Money " Only) to Present

Claim Value

Ref. Project Type Plaintiff Defendant

61 Electrical Subcontractor - Public Agency Project - Pennsylvania $ 280,000 $ 1,300,000

[*1]

62 Bag House Design-Build Contractor (Backcharges) - Georgia $ - $ 1,500,000

63 Utility Improvement (Repair v. Replacement) Costs - Mississippi $ - $ 3,400,000

64 GC on Recreational Center Improvements - New Jersey $ 500,000 $ -

65 Automobile Industry - Mechanical (T4C) Claim - Michigan $ - $ 100,000

66 Convention Center - Add'l Renovation & Refurbishment Costs - New Jersey $ 1,500,000 $ -

67 Sheet Metal Contractor's Claim on an Atlantic City Hotel - New Jersey $ 100,000 $ -

$ 8,000,000 $ -

68 Mexican Auto Plant Claim v. Owner - Mexico & Michigan [*2]

69 South American Auto Plant Claim v. Owner (Extension) - Michigan $ 1,200,000 $ -

70 Precast Panel Fabricator's Claim on Apartments - New Jersey $ 1,600,000 $ 20,000,000

71 FGD Scrubber Claim - Taiwan $ 20,000,000 $ -

[*2]

72 Precast Plank Contractor Claim - New Jersey $ 1,200,000 $ 2,000,000

73 Surety Agency v. Surety Claim (Account Current & Profit Share) - Michigan $ 1,200,000 $ 250,000

74 Surety Agency v. Surety Claim (Lost Business Valuation) - Michigan $ 5,000,000 $ 2,000,000

75 Masonry Contractor's (New) School Claim - New York $ 2,000,000 $ 600,000

[*1]

76 EPC Contractor's Suspension Claim (FGD) Claim - Turkey & Ohio $ 9,500,000 $ 6,000,000

[*2]

77 Subcontractor's Suspension (FGD) Claim - Turkey & Ohio $ 2,000,000 $ 250,000

[*2]

78 Automobile Parts Assembly (New Construction & Delay) Claim - Michigan $ 3,000,000 $ -

79 GSA Federal Courthouse - Ohio $ 16,000,000 $ 4,000,000

[*1]

80 VA Hospital Claim for Additional & Delay Costs (T4D) - New York $ 450,000 $ 166,000

[*1]

81 Quantification of EPC Contractor's Power Plant Extras - Boston, MA $ 18,000,000 $ 30,000,000

82 Quantification of EPC's Power Plant Extras - New England $ 60,000,000 $ 48,000,000

83 Casino Project - Mechanical Contractor - New Jersey $ 2,400,000 $ -

84 Casino Contract - Kitchen Equipment Supplier & Installer - New Jersey $ 800,000 $ -

$ -

85 Real Estate Development Capital Investment Opportunity - Florida $ 680,000

86 Power Plant Contractor v. Insurance Company Claim - Pakistan) $ 720,000 $ 9,820,000

[*2]

87 Sheet Metal Contractor v. School District - Connecticut $ 1,387,050 $ -

88 Electrical Contractor v. School District - Pennsylvania $ 650,000 $ 250,000

89 Minority Prime Contractor v. The Air Force (T4D) - New Jersey $ 338,000 $ -

[*1]

90 Paint Shop Manufacturer v. Contractor - Michigan $ 6,200,000 $ 2,100,000

91 Mechanical Contractor v. School District - New Jersey $ 285,500 $ -

92 Roofing Contractor v. The Navy (T4C) - New York $ 399,100 $ -

[*1]

93 Minority Prime Contractor v. The Navy (T4C) - New York $ 711,500 $ -

[*1]

94 Developer v. Prime Contractor - Pennsylvania $ 189,000 $ -

95 Investor v. Lending Institute & Individual - Florida & Illinois $ 720,000 $ -

96 Investor v. Corporation & Individuals - Illinois - Fraud $ 7,568,000 $ -

97 Investor v. Lending Institute's Intermediary & Corporation - Iowa $ 1,600,000 $ -

98 Investor v. Lending Institute & Individuals - Atlanta, Georgia - Fraud $ 710,000 $ -

$ 2,500,000 $ -

99 Demolition & Abatement Subcontractor v. CM - Project Closeout - NJ [*1]

100 Defending Paint Shop Contractor v. Subcontractor Claims - Michigan $ 725,000 $ 2,200,000

101 Change Orders for Baggage Handling System Manufacturer v. Owner (Georgia) $ 3,100,000 $ -

[*1]

102 Baggage Handling System Claim v. Owner's Rep. - Rhode Island $ 3,510,000 $ -

[*1]

103 Mechanical Subcontractor v. BHS Contractor - Michigan $ 990,000 $ -

104 Caissons Subcontractor v. Owner $ 1,500,000 $ -

105 Erection Subcontractor - HTG. Unit $ - $ 1,594,000

106 Erection Subcontractor - HTR. Unit-1, Unit-2 & RPS Unit $ - $ 1,306,000

107 Identified and Assessed E&O Backcharges $ 4,304,000 $ 1,300,000

TOTAL CLAIMS TO DATE $ 3,157,618,150 $ 1,539,989,000

Total Claims Analyzed and Assessed To Date $ 4,697,607,150

VALUE Representation 67% 33%

TIME Allocation 55% 45%

[*1] = Projects involving Federal, State or Local Governments $ 1,424,888,600 $ 1,053,259,000

[ 53%]

[*2] = Projects Outside the United States $ 807,745,000 $ 296,334,000

[24%]

2

SUMMARY of PROJECT OVERSIGHT & MONITORING ASSIGNMENTS

Estimated

Ref. Description Detail Contract Value

A. Department of Transportation Performance Audit Confidential Confidential

[*1]

B. Steel Mill Plant Fraud Investigation - Thailand Confidential Confidential

[*2]

C. Partnership Internal Procedural Review Partnership Confidential

D. Waste Water Treatment Plant Cost Review - Surety Confidential Confidential

E. School Construction Cost Review - Surety Confidential Confidential

[*1]

F. Five Star Hotel - Jamaica PMO $ 53,000,000

[*2]

G. Commercial Corporate Center - Jamaica PMO $ 18,000,000

[*2]

H. Food Distribution Center - Pennsylvania PMO $ 3,000,000

I. Automobile Paint Shop Turnkey Review (Volvo) PMO $ 39,000,000

J. Automobile Paint Shop Turnkey Review (GM) PMO $ 50,000,000

[*2]

K. Automobile Paint Shop Turnkey Review (Ford) PMO $ 40,000,000

L. Sheet Metal Contractor on Atlantic City Casino PMO $ 15,000,000

M. Roofing Contractor at Atlantic City Casino PMO $ 4,000,000

N. Sheet Metal Contractor at Atlantic City Casino PMO $ 5,000,000

O. EPC Flue Gas Desulphurization Project - Texas EPC $ 71,000,000

P. EPC Flue Gas Desulphurization Project - Minnkota EPC $ 76,000,000

Q. EPC Flue Gas Desulphurization Project - Poland EPC $ 19,000,000

[*2]

R. EPC Flue Gas Desulphurization Project - Utah EPC $ 125,000,000

S. EPC FGD Renovation Project - NJ EPC $ 10,000,000

Total PMO Project Contract Values $ 528,000,000

[*1] = Projects involving Federal, State or Local Governments

[*2] = Projects Outside the United States

Christopher J. Mather Page 1

Testimony Record OCTOBER 14, 2013

Testimony in Court or Arbitration

(Federal Rule 26 Deposition & Trial Testimony Experience)

Jervis B. Webb Company v. Skanska USA Building, Inc., L3 Communications Holdings, Inc.,

t/a L3 Communications, L3 Communications Security & Detection Systems, Inc., HNTB Rhode

Island, Inc., Travelers Casualty & Surety Co. of America, Fidelity & Deposit Company of

Maryland, Federal Insurance Company and Liberty Mutual Insurance Co. – Case No. CA09 –

5525 - Mediation Testimony – November 10 & 11, 2010.

Provided details on additional costs incurred by the BHS Subcontractor during the construction,

installation and systems integration of the Baggage Handling System and related security screening

system work as part of the Terminal Improvements Project at the Theodore F. Green Airport in

Warwick, Kent County, Rhode Island. Also, addressed at the mediation a timeline of the major

scheduling events that explained the Plaintiff’s entitlement to claim extended General Condition costs

and which showed how the Plaintiff was entitled to claim acceleration costs due to it being directed to

constructively accelerate. All matters were resolved favorably in the interests of the Plaintiff and its

second-tier Mechanical Subcontractor.

Belt Maintenance Midwest, Inc. v. Jervis B. Webb Company – Case No. 06 – 1227 – CK

Deposition Testimony – December 5, 2007.

Provided rebuttal testimony to the Plaintiff’s claim it presented to the Court. Specifically, rebutted

the plaintiff’s expert witness report based on the damages technique it had applied to quantify the

plaintiff’s losses and noted the Expert’s Report did not comply with key provisions of the

subcontractor’s contract with the Prime that had been entered into by the parties.

E & H Construction, LLC v. Regional School District No.16 – Mediation Testimony – July

2006.

Provided testimony on the costs incurred by the original masonry contractor as well as the

replacement masonry contractor. Identified why the original masonry contractor was entitled to a

time extension and why the Owner’s representative had been incorrect in its actions when

terminating the original masonry contractor. Identified and discussed why the Owner’s assessment of

LDs was inappropriate especially as the project was finished on time. Matter was settled at mediation.

EPC Estate Services, Inc. (f/k/a NEPCO Energy Production Corp. v. HSB Engineering Limited

and HSM Engineering Insurance Limited – Mediation Testimony – November 15, 2005.

Provided testimony on the actual incurred costs identified resulting from three insurable events.

Responded to and rebutted Defendant’s claimed cost position. Met with Defendant’s English cost

expert and discussed our collective approaches and findings to the events in question.

Dick Corporation v. Limbach Company – Mediation Testimony – January 2004.

Provided testimony relating to the identification and quantification of the EPC’s backcharges against

the mechanical subcontractor; quantified labor inefficiencies experienced by the HRSG erector due to

“acceleration” conditions; quantified specific itemized “additional” costs associated with additional

Christopher J. Mather Page 2

Testimony Record

Field Supervision, additional

Contact this candidate