STEPHEN FEHER

** *** ***** ****** *****: 617-***-****

Raymond, NH 03077 Email: acvheb@r.postjobfree.com

Construction Management and Development

An experienced construction professional with a diverse background that includes construction management, real estate sales, and law. Expertise in document control, field supervision, and project management. Skilled in cost estimation, Quality Assurance, and labor management. Technically proficient in CoreCon, MS Project, PlanSwift, ProCore, Constructware, ProLog, Timberline, and SureTrak, as well as MS Office applications and web design. Certified Constructware trainer.

Areas of Expertise

Project Management

Cost Estimating

SBE/DBE Requirements

Budgeting

Contracts

Bid Management

Section 3 Requirements

Real Estate Sales

Field Supervision

Document Management

IT

Business Law

Professional Experience

DAKOTA PARTNERS, INC., Waltham, MA 2015 – Present

Construction Coordinator

Monitor compliance with SBE/WBE/MBE and Section 3 contractor requirements on State and Federally-funded projects.

Review and track submittal packages.

Update and track project budgets.

Create and submit monthly pay requisitions to Owner, and review requisitions from Subcontractors.

Draft Prime Contracts and Subcontracts.

Perform quantity take-offs and solicit bids for new construction project.

Create preliminary construction schedules.

Evaluate, purchase, and implement project management software system.

Create and implement electronic document filing system.

Create and manage Information Technology budget, purchase hardware and software, and manage IT systems.

TBD PIZZA, INC., Boston, MA 2010 – 2015

Construction Manager (July 2014 – September 2015)

Operations Coach (June 2013 – July 2014)

General and Assistant Store Manager (January 2010 – June 2013)

Manage new store build-outs and renovations for 20-store franchise.

Completion of two new store interior build-outs; design and preconstruction of two full interior renovations.

Design equipment layout for optimal store operations for submission to architect.

Count and order materials and equipment as needed.

As Operations Coach, conducted quality control inspections of stores in the franchise.

Wrote and executed action plans for store managers not complying with corporate standards.

Trained on-site personnel.

WEICHERT REALTORS – METROPOLITAN BOSTON REAL ESTATE., Boston, MA 2014 – 2015

Sales and Leasing Agent

3rd CIRCUIT COURT – JUDGE DANIEL P. RYAN, Detroit, MI 2008

Summer Law Clerk

Researched and provided written summaries of current case law for a Construction Law course taught at the University of Detroit-Mercy Law School.

TITAN FACILITIES, INC., Niceville, FL 2001 – 2007

Project manager/Project Engineer

Managed construction of a $1.2 million restaurant.

Authored contracts and purchase orders.

Created and enforced project schedule.

Collaborated on Job Superintendent to coordinate on-site activities..

Scheduled and coordinated meetings between subcontractors, owners, architects, and engineers.

Evaluated and implemented new project management software.

Trained employees on project management software.

Served as field supervisor for multiple school roofing projects.

Supervised up to 30 employees and safety personnel.

Tracked, processed, and reviewed submittals and project close-out documentation.

Provided on-site safety orientation training.

Prepared cost estimates and competitive bids for commercial projects.

Education & Coursework

Juris Doctor, Ave Maria School of Law, Ann Arbor, MI

Bachelor of Engineering, Civil Engineering, The Catholic University of America, Washington, DC

Volunteer Experience

ZONING BOARD OF ADJUSTMENTS, Raymond, NH June 2015 - Present

Construction Projects

Barton Commons, New Milford CT – 1 new building, 1 historical building moved and renovated. 31,700 SF, 38 residential units. Quantity take-off; bid management; write prime and sub contracts; review and track submittals; review and track RFI’s; run weekly Owner’s meetings; review and process subcontractor pay requests; create and submit contractor pay requests; collect and compile DBE/WBE and Section 3 compliance data from subcontractors.

The Brown Building, Waterbury CT – Renovation of historical building. 52,400 SF, 38 residential units. Quantity take-off; bid management; write prime contract.

Village Green Phase 2, Barnstable MA – 2 new buildings. 44,300 SF, 60 residential units. Modular construction. Bid management; write prime and sub contracts; review and track submittals; review and track RFI’s; review and process subcontractor pay requests; create and submit contractor pay requests; collect and compile DBE/WBE and Section 3 compliance data from subcontractors.

Affordable Workforce Apartments, Bedford NH – 1 new building. 43,800 SF, 41 residential units. Bid management; write prime and sub contracts; review and track RFI’s.

Domino’s Pizza, Holbrook, MA - Construction Manager / Owner’s Representative. 2550 SF interior build-out. Equipment layout with architect; Create and track schedule; Purchase materials; Purchase FFE; Track costs, approve progress payments. Completed December 2014.

Domino’s Pizza, Canton, MA – Construction Manager / Owner’s Representative. 3040 SF interior buildout. Equipment layout with architect; Create and track schedule; Purchase materials; Purchase FFE; Track costs, approve progress payments. Completed December 2014.

Café Bianco, Destin FL – Project Manager. New construction of upscale restaurant/bar/bakery. Featured screened-in center porch with view of kitchen; Spanish tile roof; Stained & scored concrete in bar area.

Okaloosa County School District, Okaloosa County FL – Owner’s Representative. Project Engineer for multiple simultaneous renovations and additions. Site Supervisor for 11 roof renovations (Cherokee, Bruner, Oak Hill, Meigs, Baker, Crestview, Cook/Chill, Florosa, Choctaw).

Signature Beach Condo, Destin FL – Assistant Project Engineer for new 11-story beachfront condominium project.

Walton County School District, Walton County FL – Assistant Project Engineer for two new large high schools for the Walton County School District – Freeport High School and South Walton High School.

Construction Law Writing Sample

To: Judge Daniel P. Ryan

From: Stephen Feher

Re: Subrogation and Privity case briefs.

Judge Ryan –

Please see attached the final two cases from the Construction Litigation Handbook – 2007 Cumulative Supplement that you requested for use in your class.

After briefing the two cases, I found that the courts issued inconsistent rulings on the topic of equitable subrogation. The Acret text did not resolve (or even acknowledge) the inconsistency. In both cases, a County water district hired a general contractor to construct a water treatment plant, and an engineering firm to perform routine quality control inspections and to verify the quality and quantity of work before approving contractor pay applications. Both projects fell behind schedule, and both general contractors had their contracts terminated with cause. The sureties funded completion of the projects, and sued the engineers for, inter alia, negligence in approving overpayments to the contractors. Both sureties claimed the right to “stand in the shoes” of the Districts under the doctrine of equitable subrogation.

In Lyndon Prop. Ins. Co. v. Duke Levy & Assocs. LLC, 475 F.3d 268 (5th Cir. 2007), the Court held that the surety had paid expenses for the county pursuant to the surety agreement, and was thus allowed to “stand in the shoes” of the District. The Court in Mid-State Sur. Corp. v. Thrasher Eng'g, Inc., 2006 U.S. Dist. LEXIS 32342 (S.D.W.Va. May 16, 2006), on the other hand, held that the surety had satisfied the builder’s obligations, not the District’s obligations, and thus could not “stand in the shoes” of the District under equitable subrogation.

There are a few differences between the two cases, noted below. However, neither Court opinion seemed to turn on any of these particular facts. The different rulings most likely stems from the different state laws being applied.

1. Although both cases are in federal court, they both apply state law in issuing their rulings. Mid-State utilizes West Virginia state law; Lyndon utilizes Mississippi state law. Note that the case was one of first impression in West Virginia in Mid-State.

2. In Mid-State, Plaintiff originally included the District as a defendant in the suit. The District was dismissed with prejudice pursuant to an agreed dismissal order, and the rest of the opinion is written with only reference to the engineer as a party. In Lyndon, only the engineer is mentioned in the suit.

3. In Mid-State, part of the Plaintiff’s claim was for funds that they as surety were required to pay to subcontractors and suppliers who had not been paid by the general contractor, even though the general contractor had been properly paid by the District for their work. The rest of the claim was for new work and repairs to existing work. In Lyndon, only costs for new work and testing and repairs to existing work were claimed.

Again, neither Court seemed to base their opinion primarily on these differences, and neither Court acknowledges that other jurisdictions have alternate rules. As mentioned above, the discrepancy is probably due simply to different state laws being applied to each case.

Stephen Feher

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