Agenda 04/28/2026 Item #16K 7 (Approve an Engagement Agreement for Construction Expert Consultant Services with the Berkeley Research Group, LLC)4/28/2026
Item # 16.K.7
ID# 2026-1071
Executive Summary
Recommendation to approve an Engagement Agreement for Construction Expert Consultant Services with the Berkeley
Research Group, LLC, on pending litigation known as Pika Construction, Inc. v. Sacyr Construction USA, LLC, Collier
County, Florida, Et al., Circuit Case No. 25-CA-1157.
OBJECTIVE: That the Board approve an Engagement Agreement for Construction Expert Consultant Services with the
Berkeley Research Group, LLC, on pending litigation known as Pika Construction, Inc. (“Pika”) v. Sacyr Construction
USA (“Sacyr”), LLC, Collier County, Florida, Et al., Circuit Case No. 25-CA-1157.
CONSIDERATIONS:
On May 30, 2025, Pika Construction, Inc. filed a multi-count complaint against Sacyr, the County and several other
parties stemming from Pika’s role as a subcontractor to Sacyr in the Vanderbilt Beach Road Extension project
(Project No. 60168, ITB No. 22-7976). The County entered into a prime contract with Sacyr to provide
construction services on the Vanderbilt Beach Road project, and Sacyr entered into a subcontract with the Plaintiff,
Pika, to provide some of the construction services. Collier County is not a party to the subcontract between Sacyr
and Pika. Pika’s original complaint alleged that Sacyr materially breached its contract with Pika and wrongfully
terminated Pika from the project. Pika is seeking the recovery of alleged yet undetermined millions from Sacyr.
Pika originally sued Collier County too, but ultimately voluntarily dismissed its claims against the County on
September 4, 2025. The County remains in the lawsuit based on a Cross Claim Sacyr filed against the County
alleging breach of contract and an alleged failure to remit payment to Sacyr. The County has also filed a Cross
Claim/Counterclaim against Sacyr for breach of contract.
Discovery is currently ongoing and mediation took place on April 15, 2026, without a settlement being reached but
with further ongoing discussions contemplated by the parties. In the event that the parties are unable to resolve the
dispute, a non-binding arbitration hearing is scheduled on June 15, 2026, which may further encourage settlement.
The assistance of an expert construction consultant will greatly assist the County’s legal team in preparing for
upcoming legal proceedings and could ultimately assist in resolving this dispute short of going to trial in late
November/December 2026.
Attached for the Board's consideration is a proposed Engagement Agreement to obtain Expert Construction
consulting services from the Berkeley Research Group, LLC (“Berkeley”). It is anticipated that any services
provided will be performed by Berkeley’s Managing Director, David D. Reichard, P.E., a United States Military
Academy graduate who has previously provided complex construction litigation-related engineering consulting
services to the County and comes recommended by the County’s local outside counsel Greg Woods with the firm
Woods Weidenmiller Michetti Rudnick, LLP. Along with the attached Agreement is a Curriculum Vitae providing
an overview of Mr. Reichard’s extensive experience and expertise in construction/project management and
litigation support. Consultants such as Mr. Reichard have specialized knowledge and skills that are not possessed
by in-house staff and will provide an element of independence to non-judgmentally discern the legitimacy of
asserted claims and also issues concerning timely project conclusion.
Under the Agreement, Berkely will be compensated for its services according to the hourly fee schedule attached to
the Agreement as Exhibit “A,” along with reimbursement of actual out-of-pocket expenses to be paid in accordance
with Chapter 112, Florida Statutes. The hourly rates are consistent with similar consultants utilized by the County
on prior such matters. The retention of legal services, including expert witnesses, trial consultants and other
similarly situated persons or firms is exempt from the competitive process as set forth in Section Twelve,
subsection 2(u) of the Collier County Procurement Ordinance No. 2025-34, as amended.
FISCAL IMPACT: The approval and execution of the attached Agreement has no fiscal impact in and of itself but there
will be a fiscal impact in accordance with the terms and conditions of such contract, upon the utilization of the experts
services of the consultant, which will be assumed by the Department/Division utilizing the services.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
4/28/2026
Item # 16.K.7
ID# 2026-1071
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board
approval. —SRT
RECOMMENDATION(S): That the Board approves and authorizes the Chairman to sign the attached Engagement
Agreement for Construction Expert Consultant Services with the Berkeley Research Group, LLC Services, and authorize
the staff to open a Purchase Order to initiate services at an amount not to exceed the competitive threshold under the
Procurement Ordinance, without further Board authorization.
PREPARED BY: Scott R. Teach, Deputy County Attorney
ATTACHMENTS:
1. BRG Engagement Letter 04.17.26
2. Reichard_D-CV_2024
INTELLIGENCE THAT WORN
April 3, 2026
Via Email
JessicaF. Tolin, Esq.
Woods, Weidenmiller, Michetti, & Rudnick LLP
9045 Strada Stell Court, Fourth Floor
Naples, Florida 34109
jtolin@lawfirmnaples.com
Scott R. Teach, Deputy County Attomey
Office of the County Attorney
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
S cott.Teach(acollier.gov
Re: Pika Construction, Inc, v. Collier County, et al. (t&e `Matter')
Dear Ms. Tolin and Mr. Teach:
This engagement letter agreement ("Agreement") will confine that the law firm of Woods, Weidenmiller,
Michetti, &Rudnick LLP ("Law Firm") on behalf of its client the Board of County Commissioners of
Collier County, Florida ("Client" or "County") seeks to engage Berkeley Research Group, LLC ("BRG")
to provide expert consulting and support service(s) in the above -captioned Matter. BRG understands that
this Engagement Letter will be presented for the Client's approval as an upcoming regular meeting agenda
item.
David Reichardwill provide expert consulting services and will lead the engagement. Should
Expert require support in order to perform tasks required by the engagement efficiently, Expert will use the
support staff of BRG. If specific support is required which cannot reasonably be provided by the support
staff of BRG, Expert may, with written notice and prior approval of the Client, employ or contract for
additional support personnel. Law Firm and Client acknowledge that Expert's opinions are independent and
objective, and not necessarily those of other employees or affiliates of BRG. It is understood that prior to
the submission of any Expert disclosure or similar statement describing the nature of any opinions of Expert
in this matter to any third party, Expert will be provided with the opportunity to review and approve such
statement for accuracy.
Client shall compensate BRG for professional services provided, which shall include Expert's fees and any
backup support hourly fees as identified in attached Exhibit A. In addition to professional fees, Client will
reimburse BRG for direct external project -related expenses (e.g., data sets, reports, outside copy services,
travel, meals, services of outside vendors) which are billed to the engagement at cost with supporting
documentation as identified in attached Exhibit B; and C but only if seeking the reimbursement of costs.
1800 M Street NW, Second Floor, Washington, DC 20036
Berkeley Research Group, LLC � 877.696.0391 � www.thinkbrg.com
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Expert's hourly billing rate is US $500. Hourly rates may change in the future from time to time and are
typically adjusted annually, with advance notice in writing to the Client.
BRG will send its invoices in this matter to Client with a copy to Law Firm.
BRG shall remit invoices to:
Board of County Commissioners of Collier County, Florida
Address:
Attn: Clerk of Courts: Finance and Accounting
Email: FINOPS(a),collierclerk.com
with copies to:
Attn: Jessica F. Tolin, Esq.
Email: jtolin@lawfinnnaples.com
Attn: Scott R. Teach
Email: Scott.Teach@collier.gov
A copy of BRG's Standard Commercial Terms, which Client accepts and which is incorporated herein, is
attached hereto as Exhibit D.
Please remit iayments to:
Account Name: Berkeley Research Group, LLC
Account No: 8026286672
Bank: PNC Bank, N.A.
ABA No: 031207607
remitadvice( ,thinkbm.com
The work undertaken by Expert and BRG in connection with this engagement is part of the Law Firm's and
Client's work -product. BRG and Expert shall not disclose any confidential or privileged information to any
third party; provided, however, that BRG and Expert may disclose confidential or privileged information
(a) to BRG's employees, affiliates, vendors or agents who provide services in connection with this
engagement, (b) with Client's written consent, or (c) when legally required to do so. Both parties agree that
confidential and proprietary information will not be construed to include information that is available from
public sources or sources not subject to obligations of confidentiality to the Law Firm or Client. Should a
written report be required in this engagement, Law Finn and Client agrees to provide Expert access to all
relevant documents which Expert identifies within a timeframe requested by Expert that is sufficient for
Expert to prepare any report.
Upon BRG's written consent, Client may upload BRG Confidential Information to Al tools provided that
any such Al tools used do not store or reuse BRG Confidential Information beyond the duration necessary
to perform the specific task for which the Al tool is used. Client shall not use BRG's Confidential
Information, including BRG work product, to train, fine-tune, or otherwise improve any third party Al
models.
Except as otherwise required by law or special circumstance, BRG will return or destroy all data and
documents provided by Law Finn or Client at the conclusion of the engagement, but shall be entitled to
retain work papers and work product generated by Expert and BRG staff, subject to the confidentiality and
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non -disclosure obligations set forth in this Agreement
This Agreement consists of the attached component parts, all of which are as fully a part of the contract as
if herein set out verbatim: The Engagement Letter, Exhibit "A" —BRG Consulting Rates /Fee Schedule,
Exhibit "B," Costs and Reimbursable Items, Exhibit "C" -Consultant's Certificate, Exhibit "D" - BRG's
Standard Commercial Terms, Exhibit "E" —Affidavit Regarding Labor and Services, and Exhibit "F"
Additional Public Agency Required Terms.
This Agreement may be executed in one or more counterparts, each of which maybe signed and transmitted
via electronic delivery with the same validity as if it were an ink -signed document.
Client, or BRG may terminate this Agreement upon seven (7) days' written notice
(Signature page follows]
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Sincerely,
lee vv-�r---
Kathleen E. Koppenhoefer
VP & Deputy General Counsel
AGREED AND ACCEPTED:
ATTEST:
Crystal K. Kinzel, Clerk of the Circuit
Court and Comptroller
By:
Dated:
(SEAL)
Approved as to Form and LegaliTy:
Scott R. Teach, Deputy County Attorney
BOARD OF COUNTY COMIVIISSIONERS
COLLIER COUNTY, FLORIDA
By:
Dan Kowal, Chairman
EXHIBIT "A"
BRG RATES/FEE SCHEDULE
For professional services rendered, BRG's fees shall be based on the following hourly rates:
• David Reichard $500.00 per our
• Associate Director $450 per hour
• Senior Managing Consultant $375 per• hour
• Managing Consultant $ $350 per hour
• Consultant $325 per hour
• Associate/Case Assistant $160.00 per hour
*s*
Out-of-pocket expenses will be billed at cost, as provided in attached Exhibit B.
BRG's fee shall be based upon the above billed hourly rates and shall not exceed $200,000.00, which
amount is authorized for purposes of Client's staff to open a Purchase Order but not a guaranteed amount
to BRG, subject to the Client's approval of this engagement. Any expenditure above that amount must
have Board approval prior to any further work being performed.
BRG shall provide, at no cost to Client, the annual response to Client's auditors r•egar•ding pending or
threatened litigation. The auditors typically request information regarding all litigation, claims and
assessments considered to be material. The response should include the nature of the pending or threatened
litigation, the progress of the case to date, an estimate of the amount or range of potential loss, and any
other information considered necessary to explain the case. BRG shall provide said response within 30
days of receipt of the request.
BRG shall provide Construction Expert Consultant Services including but not limited to construction
schedule and time related consulting services, design and construction defect issues, contract
administration, construction costs and damages, construction claims research, including technical and
expert testimony in trial, arbitration and mediation, in accordance with the terms and conditions of this
Agreement. BRG shall further assist with the examination of documents, formal and informal discovery,
development of resolution strategy, negotiation, litigation support including document control, preparation
of exhibits for trial, settlement documentation, and the procurement of other experts as needed, through
mediation and/or arbitration and trial of this case. This agreement contains the entire understanding
between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by
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BRG and the Client in compliance with the County Procurement Ordinance, and related adopted policies
and administrative procedures in effect at the time such services are authorized.
If BRG is required or requested to perform any additional or extraordinary services not herein
contemplated, BRG shall be entitled to apply for additional compensation, the amount of which shall be
subject to the approval of Client and no such additional compensation more than the amount herein stated
shall be paid unless specifically authorized in advance by Client in its sole discretion.
NOTES:
• Departments, or Divisions within such Departments, shall be responsible and pay for BRG's services
relating to pending or threatened litigation and specifically for cases, matters or issues relating to such
Department or Division.
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EXHIBIT "B"
COSTS AND REIMBURSABLE ITEMS
1. In addition to the charges for professional fees set forth in Exhibit "A," the Client shall reimburse BRG fot• out-
of-pocket expenses reasonably incurred while rendering such services, including costs of long-distance calls,
printing, costs of reproduction, and necessary travel expenses incurred in accordance with the requirements of
Chapter 112, F.S. BRG shall not charge for travel of its personnel between its offices (if it has multiple offices).
2. BRG shall submit invoices on a monthly basis for the payment of out-of-pocket expenses. Each invoice that
includes costs/out-of-pocket expenses shall include the attached signed Exhibit C Certificate listing all costs,
expenses, vouchers, invoices, and other documentary evidence that will describe in reasonable detail the basis
for expenditures for which reimbursement is sought as set forth below. If BRG is only submitting an invoice
for its billable hours and not for reimbursement of costs/out-of-pocket expenses then Certificate C is not
required to be submitted for reimbursement.
3. REQUIREMENTS
The following represents Client's payment requirements for costs and expenses:
➢ Your federal employee identification number must be on all invoices submitted.
➢ The applicable Purchase Order number must be on all invoices submitted.
➢ No service, interest, or other charge of like nature is to be imposed regarding any item, invoice, or request.
All firms doing business with Collier County must have a current W-9 "Request for Taxpayer Identification
Number and Certification" on file.
➢ Services rendered must be specifically and concisely identified.
➢ Names of persons performing services, hourly rates, position classification tied to the positions identified
on the Exhibit "A" rate schedule, and dates must be listed.
➢ Reimbursable expense must be verified by attached receipts or copies thereof.
➢ Claims for mileage and meals cannot exceed statutory allowance as provided for under Chapter 112, F.S. Meals and
mileage cannot be charged unless the professional has traveled outside the county of the principal business location.
➢ Claims for lodging at single rate (actual cost) must be substantiated by paid bill or charge, with a cap of no more than
$150.00 per night.
➢ Car rentals required for travel should include compact or standard -size vehicles only.
➢ Common carrier travel shall be reimbursable at tourist or coach class fares only.
➢ The Client's accounting and fiscal policy requires original receipts, or copies of receipts that have been individually
certified to be true copies of the originals. In addition, the Certificate contained in Exhibit "C" must accompany each
invoice. The certifying person must sign the Certification form and a description provided of the items, which are
certified.
➢ Faxes shall not be reimbursed
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EXHIBIT "C"
CONSULTANT'SCERTIFICATE
IT IS HEREBY CERTIFIED that:
1, has been duly designated as an Expert Consultant to render Construction -
related consulting services for and on behalf of Collier County;
2. Each of the documents hereinafter identified and attached is a true and correct copy of the original record;
3. Expenditure(s) enumerated represent costs necessarily incurred during official business for the County, which
payment has not been received and for which documentation is not available or reasonably retrievable;
4. All Claims comply with the applicable statutes and administrative orders, and with the express provision that all
other parties are barred from entitlement to any part of these costs.
RE: Invoice No. Dated
Period Covered: Amount
IN-HOUSE CHARGES:
Photocopies: copies @ $0.15/each $
Mileage: miles @ _/mile $
OTHER (Copies of invoices required):
Long Distance Calls
Other:
TOTAL:
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FOR THE CONSULTANT
Signed:
Print Name:
Title:
Date:
EXHIBIT D
Berkeley Research Group, LLC Standard Commercial Terms
BRG will bill for its services on a monthly basis and will provide customary descriptions regarding the services
rendered. Payment for BRG's billing statements are due 45 days after receipt of a proper invoice in compliance with
Chapter 218.74(2), Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Client agrees
that it will review BRG's statement upon receipt and will advise BRG of any objection to or dispute with the statement
and the work reflected in the statement within the time period provided under Chapter 218,74, Florida Statutes (the
'Act'). In the event the Client disputes part of BRG's bill, the undisputed part shall be paid within the time period
provided herein. BRG and Expert shall be required to stop all work and withhold delivery of further services, testimony
(deposition, trial, or hearing), reports or data (written or oral), or suspend work, at any time the account on this
engagement is more than 60 days past due. Additionally, in order to preserve Expert's independence, all accounts must
be paid in full prior to Expert's deposition or trial testimony. BRG reserves the right to charge interest as permitted
under Section 218.74(4), Florida Statutes, for late payments made by the Client.
BRG will provide a reasonably itemized statement of expenses incurred on this engagement, and shall provide copies
of original invoice or other documentation on itemized expenses and complete the Certificate attached to this
agreement as Exhibit C.
BRG shall pay all sales, consumer, use and other similar taxes associated with the engagement, which are applicable
during the performance of the services. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of
Exemption # 85-8015966531C.
Any estimate of anticipated fees for services or budget that may be provided to Client prior to or during the course of
the work on this matter is BRG's best estimate of the anticipated fees that will be incurred in connection with the
services based on the information available to BRG at the time the estimate or budget is prepared. Changes in scope
will impact any estimate or budget. Under no circumstances shall such a budget or estimate be deemed a maximum
fee or a fixed price.
BRG shall not be liable for any delays resulting from circumstances or causes beyond its reasonable control, including,
without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order
or requirement of any governmental agency or authority.
In the event Expert or BRG is requested pursuant to subpoena or other legal process to produce any documents or to
provide testimony relating to this engagement in judicial or administrative proceedings to which BRG is not a party,
Client shall reimburse BRG and Expert at standard billing rates for all professional time and expenses, including
reasonable attorneys' fees, incurred in preparing for and responding to requests for documents and providing
testimony.
BRG and Expert are engaged by many other companies and individuals. It is possible that some of BRG's and Expert's
past, current or future clients had, have or may have disputes or other matters that are adverse to or may not be consistent
with the interests of Client. BRG and Expert reserve the right to undertake unrelated engagements during and after this
engagement by Client, consistent with BRG's internal policies. BRG and Expert will not be required to disclose any
such unrelated engagements to Client. BRG and Expert will institute procedures to protect the confidentiality of
information provided by Client in the course of this engagement. Client agrees that it will not attempt to disqualify or
otherwise bring any action against BRG or Expert in any such unrelated engagement on the basis of an alleged conflict
of interest or any similar grounds arising from the retention of BRG and Expert in this engagement. Client's engagement
of BRG is expressly conditioned on Client's agreement not to use the fact of BRG's or Expert's engagement by any other
client in other matters as a means of enhancing or diminishing BRG's or Expert's credibility before any trier of fact.
This Agreement shall be interpreted and controlled by the laws of the state of Florida, with jurisdiction in and for the
state and federal courts for Collier County. Prior to the initiation of any litigation or court proceeding permitted by this
agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. The negotiation shall be attended by representatives of BRG with full decision -making authority and by
Client's staff person who would make the presentation of any settlement reached during negotiations to Client for
approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising
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out of this Agreement, the parties shall attempt to resolve the dispute through mediation before an agreed -upon Circuit
Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of BRG with full
decision -making authority and by Client's staff person who would make the presentation of any settlement reached at
mediation to Client's board for approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under § 44.102, Fla. Stat.
Except in the case of BRG's gross negligence, fraud, or willful misconduct, the parties shall not be liable to each other
for any consequential, incidental, special or punitive damages, nor shall BRG or Expert be liable for direct compensatory
damages in excess of two times (2x) the fees actually received by BRG for the performance of services hereunder.
PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, THE PARTIES UNDERSTAND AND AGREE THAT
BRG'S EMPLOYEES OR AGENTS MAY NOT BE SUED OR HELD INDIVIDUALLY LIABLE FOR NEGLIGENT
PERFORMANCE OF THIS AGREEMENT. BRG shall provide insurance as required by the aforementioned statute as
follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include
Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles,
Hired and Non -Owned Vehicles and Employee Non -Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident.
D. Professional Liabiliri Insurance: Insurance shall be maintained by BRG to ensure its legal liability
for claims arising out of the performance of professional services under this Agreement. BRG waives its right of
recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than
$1,000,000 each claim and in the aggregate.
Special Requirements: Collier County Government shall be listed as the Certificate holder and included as an
Additional Insured on the Comprehensive General Liability Policy. A copy of the Insurance Certificate shall be
provided in advance of the commencement of services and is hereby made a part of the Agreement.
Current, valid insurance policies meeting the requirement herein identified shall be maintained by BRG during the
duration of this Agreement. BRG shall notify the County in writing in advance of any event of cancellation or
modification of the required stipulated insurance coverage.
Client represents and warrants that Client has any and all necessary right, title, license and authority (including any
and all necessary permissions from third -party owners) to transfer to BRG, grant access to BRG or allow BRG to use
for [he purpose of rendering services to Client, any and all of the data or other information that Client provides to
BRG for such purpose. Subject to Client's sovereign immunity under Section 768.28,
F I o r i d a Statutes, Client agrees to indemnify BRG against any and all liabilities, including liabilities arising
from claims brought by third parties and any and all costs of defense, arising from such transfer, access or use.
In the course of performing work under this Agreement, BRG may use artificial intelligence ("Al") or similar
technologies, including both proprietary technologies and those provided by third -party vendors, to enhance the
efficiency, accuracy, and quality of the Expert's and BRG's work. In accordance with BRG's professional obligations
and as required by applicable law, BRG will maintain safeguards designed to protect the security, confidentiality and
integrity of the Law Firm and Client's data in relation to the services BRG provides to Client, and BRG will require
the same ofthird-party vendors. Client further acknowledges that such third patty vendors only offer limited recourse
in the event of a security incident involving data of their users and customers and, therefore, agree that, to the extent
permitted by law, BRG's liability to Client in connection with use of such tools, applications and technologies is
limited to what can be recovered fi�om such third pasties but not to exceed the fees BRG receives from Client for the
services utilizing the affected too(, application or technology.
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Unless otherwise explicitly stated, all provisions of this Agreement shall survive the expiration or termination of this
engagement. BRG shall be paid for all time and expenses incurred up to the termination of this agreement. Neither
party may assign, transfer or delegate any of the rights or obligations hereunder without the prior written consent of
the other party. Notwithstanding the foregoing, either Party may assign this engagement letter as part of the sale of
any substantial portion of its assets, or pursuant to any merger, consolidation or other reorganization, without the other
Parry's prior written consent. These Standard Commercial Terms, and the engagement letter to which these terms are
appended, including the exhibits A, B, C, D, E, and F constitutes the entire agreement between BRG and Client with
respect to the subject matter hereof and supersedes all other oral and written representations, understandings or
agreements relating to the subject matter hereof. No waiver, amendment or other modification of this agreement shall
be effective unless in writing and signed by each party to be bound thereby.
In the event expert consulting services have not commenced in the 4-month period after the execution of this
Agreement, BRG reserves the right to terminate on 7 days' written notice.
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EXHIBIT E
AFFIDAVIT REGARDING LABOR AND SERVICES
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AFFIDAVIT REGARDING LABOR AND SERVICES
AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED
Effective July 1, 2024, pursuant to § 787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a
nongovernmental entity and a govenmental entity, the nongovernmental entity must provide the governmental entitywith an affidavit
signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental
entity does not use coercion for labor or services.
Effective January 1, 2024, a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with
an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the
government with an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet
any of the following criteria: (a) the entity is owned by the government of a foreign country of concern; (b) the government of a
foreign country of concern has a controlling interest in the entity; or (c) the entity is organized under the laws of or has its principal
place of business in a foreign country of concern.
Effective July 1, 2025, when an entity extends or renews a contract with a governmental entity which would grant the entity access
to an individual's personal identifying information the entity must provide the governmental entity with an affidavit signed by an
officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraphs
(2)(a)-(c), § 287.138, Florida Statutes.
Nongovernmental Entity's Name:
Berkeley Research Group, LLC
Address:
70 W. Madison, Suite 5000, Chicago, 0, 60602
Phone Number:
773,943,7070
Authorized Representative's Name:
Kathleen E. Koppenhoefer
Authorized Representative's Title:
VP & Deputy General Counsel
Email Address:
le+al(@thinkbr ,com
I, Kathleen E. K000enhoefer (Name of Authorized Representative), as authorized representative attest under penalty of perjury
that Berkeley Research Group, LLC_(Name of Nongovernmental Entity) does not: (1) use coercion for labor or services as
defined in § 787.06, Florida Statutes, and (2) the nongovernmental entity is not (a) owned by a government of a foreign country
of concern, (b) that a foreign country of concern does not have a controlling interest in the entity, and (c) that the entity is not
organized under the laws of or has its principal place of business in a foreign country of concern, all as prohibited under § 287.138,
Florida Statutes.
Under penalty of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
i4 , _, �nyi I 8 t ZoZI
(Signature of authorized representative) Date
STATE OF I inois
COUNTY OF Cow
�jv�ornto (or �ed) and subscribe¢ before me by means of physical presence or O online notarization this
5311^ day of�,�f i � , 202b byk.E• �'(rQenhoeier (Name of AHiant), who
idemifientlotc 'lS VUSOnAllj k•newv% +0 tt1e.
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Notary Public (not required when dieital)
MA�cH � aoa7
t
Commission Expires
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Personally KnownA OR Produced Identification ❑
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Exhibit "F"
Additional Public Agency Required Terms
PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any of Client's
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-
05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a) Prohibition by the individual, firm, and/or any employee of the
firm from contact with Client's staff for a specified period of time; b) Prohibition by the individual and/or
firm from doing business with the Client for a specified period of time, including but not limited to:
submitting bids, RFP, and/or quotes; and, c) immediate termination of any contract held by the individual
and/or firm for cause.
SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein
that this agreement is subject to appropriation by the Collier County Board of County Commissioners.
IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, BRG is
formally acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be amended. In addition, Florida state law incorporates E-Verify
eligibility requirements through Florida Statue, § 448.095, as may be amended. Failure by BRG to comply
with the laws referenced herein shall constitute a breach of this Agreement and the Client shall have the
discretion to unilaterally terminate this Agreement immediately.
AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement upon
satisfactory negotiation of price by the Client and BRG in accordance with the Client's current Procurement
Ordinance, Policies and Procedures.
KEY PERSONNEL/PROJECT STAFFING: BRG's personnel and management to be utilized for this project
shall be knowledgeable in their areas of expertise. For the purposes of this Agreement, David D. Reichard, P.E. shall be
considered a Key Personnel. The Consultant shall not change Key Personnel unless the following conditions are met:
(1) proposed replacements have substantially the same or better qualifications and/or experience; and (2) that the Client
is notified in writing as far in advance as possible, and agrees to the proposed replacement. The Client retains final
approval of proposed replacement personnel.
BRG shall keep all records and supporting documentation, which concern or relate to the services hereunder for a
minimum of five (5) years from the date of termination of this Agreement or the date the project is completed, or
such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter
119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows:
IF BRG HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
1199 FLORIDA STATUTES, TO BRG'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
#2039634.1
DIVISION OF COMMUNICATIONS, GOVERNMENT AND PUBLIC AFFAIRS
3299 TAMIAMI TRAIL EAST, SUITE 801
NAPLES, FL 34112
TELEPHONE: (239) 2524311
EMAIL: PUBLICRECORDREOUEST(a)COLLIER GOV
BRG must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public agency with a copy
of the requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and
following completion of the contract if BRG does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession
of BRG or keep and maintain public records required by the public agency to perform the service. If BRG
transfers all public records to the public agency upon completion of the contract, BRG shall destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If BRG keeps and maintains public records upon completion of the contract, BRG shall
meet all applicable requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency's custodian of public records, in a
format that is compatible with the information technology systems of the public agency.
#2039634.1
FAO
Curriculum Vitae
DAVID D. REICHARD, P.E.
BERKELEY RESEARCH GROUP, LLC
dreichard@thinkbrg.com
EDUCATION
B.S. Engineering Management (Civil) United States Military Academy
M.S. Engineering Management Drexel University
SUMMARY
David Reichard has over thirty years of experience in the construction industry, with a primary emphasis
in project management, critical path method (CPM) scheduling, construction claims analysis, and dispute
resolution. His experience includes all types of projects, including heavy and highway construction;
industrial, government, military, and institutional facilities; wastewater/water treatment plants; retail, theme
park, hotel, and casino/resort; and residential.
Mr. Reichard has conducted continuing education seminars for contractors, architects, and engineers on
claims, CPM scheduling, project management, and business management. He has testified as an expert
on project delays, schedule analyses, extra work claims, breach of contract, loss of productivity,
termination, construction defect claims, and damages.
SELECTED PROJECT EXPERIENCE
Expert Witness Testimony
• Provided expert testimony regarding delays incurred during the replacement of a connector between
two buildings at a medical center. Reichard performed a detailed critical path analysis of the delays and
allocated responsibility for the delays among the parties.
• Provided expert testimony regarding delays incurred during the demolition and construction of a pool
facility at a high school. Reichard prepared a schedule analysis that showed the School Board had
granted the appropriate amount of time and no additional time was due to the Contractor. The court
agreed with Mr. Reichard’s findings and did not award any additional time to the Contractor.
• Provided expert testimony regarding delays during the construction of a bridge over the Panama Canal.
Reichard prepared a detailed critical path analysis of the delays which allocated responsibility for the
delays among the parties and presented his findings to an international tribunal.
• Provided expert testimony regarding delay and quantum during the renovation and expansion of an
elementary school. Reichard prepared a schedule and quantum analysis which showed the School
Board was only responsible for a limited number of days. The court’s award was based on the delay
days determined by Mr. Reichard.
• Provided expert testimony regarding delay and damages on a wrongful termination case filed by a
Contractor against the Government. Reichard prepared a detailed critical path schedule analysis which
showed that the Government was not liable for delays beyond the time already granted. Reichard also
analyzed and refuted the damages alleged by the Contractor. The ASBCA upheld the Governments
termination for default.
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• Provided expert testimony for the owner regarding delays during the renovation of a multi-million-dollar
condominium. Reichard prepared a detailed critical path schedule analysis which showed that the
contractor was responsible for approximately six months of delay and that the owner was entitled to
affirmative delay damages. His analysis and testimony resulted in a ruling in favor of the Owner.
• Provided expert testimony for a general contractor regarding delays during construction of a 17-building
residential complex. Reichard prepared a detailed critical path schedule analysis which showed that the
contractor was not liable for delays and resultant liquidated damages alleged by the developer and was
entitled to affirmative delay damages.
• Provided expert testimony for a Community Development District regarding the allocation of construction
costs and claims for additional work. Reichard analyzed the District’s fulfillment of its payment
obligations and responsibility for claimed change order costs.
• Provided expert testimony for the Owner regarding delays during construction of a cement plant.
Reichard offered detailed, persuasive schedule analysis to rebut the opposing expert’s delay analysis.
As a result, zero delay damages were assessed against the Owner.
• Provided expert witness testimony for the surety (subcontractor) in a multi -building apartment complex
construction claim involving extensive delay damages. Reichard offered detailed, persuasive schedule
analysis findings to critique opposing expert’s delay analysis. His analysis and testimony resulted in
zero delay damages being assessed against the Surety.
• Provided expert witness testimony for the building contractor on a claim involving the construction of a
high school and elementary school. Reichard prepared a detailed critical path schedule analysis which
showed that the building contractor was not liable for delays and resultant liquidated damages alleged
by the general contractor.
• Provided expert witness testimony for the insurance company regarding a dispute over the insured value
of a carpet manufacturing facility destroyed by fire. Reichard prepared a detailed critical path method
(CPM) schedule to demonstrate the time necessary to rebuild the facility.
• Provided expert witness testimony for the general contractor in a resort and spa renovation construction
claim involving wrongful termination. Reichard prepared a detailed critical path schedule analysis. He
also provided a detailed critique of the damages alleged by the owner. His analysis and testimony
resulted in a determination of wrongful termination and significant damages being awarded to the
general contractor.
Federal Government
• Performed a detailed critical path analysis of the delays incurred during the replacement of a connector
between two buildings at a medical center (VAMC – Chillicothe, OH), presented findings in an expert
report, provided deposition testimony, and testified at the Civilian Board of Contract Appeals.
• Prepared detailed claim analysis and presented findings at Alternative Dispute Resolution proceedings
on seven separate projects for the Department of Veterans Affairs – Mental Health Addition (Bay Pines
VAMC), Rehabilitation Expansion Facility (Sacramento VAMC), Endoscopy and Central Processing
Addition (Mann-Grandstaff VAMC), Bathroom Renovation (Loma Linda VAMC), Emergency Generator
Upgrade (VAMC – Columbia, SC), VAMC Building (Fresno VAMC), and New Clinical Lab and Pathology
Building (Hefner VAMC).
• Performed detailed claim analysis, presented finings in an expert report, and provided deposition
testimony on the VA National Cemetery at Fort Jackson.
• Prepared detailed claim analysis on other VA projects – Puerto Rico National Cemetery, Community
Living Center (VAMC – Milwaukee), VAMC Building (Durham, NC), and VAMC Buildings (Kansas City,
MO).
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• Prepared detailed claim analysis and presented findings at Alternative Dispute Resolution proceedings
on the Agile Chemical Facility (Indian Head) for the Department of the Navy.
• Performed detailed claim analysis, presented findings in an expert report, provided deposition testimony,
and testified at the Armed Services Board of Contract Appeals for the United States Corps of Engineers
on the construction of a headquarters for the Afghanistan National Guard.
Litigation Support/Dispute Resolution
• Assisted with preparation of a claim for a subcontractor on a solar power plant. Presented findings at
mediation.
• Prepared detailed schedule analysis in the construction of a $120 million mixed-use theme park resort.
Presented findings in expert report and at settlement meeting.
• Performed cost analysis and schedule analysis to help the client reach a settlement through mediation
on a claim of about $200M associated with a delay of about a year in a rail construction project.
• Performed detailed delay and extra work analyses for the electrical subcontractor on a $200 million, 50-
story hotel construction project in New York City.
• Prepared detailed schedule analysis on the renovation of a hotel and presented findings at mediation.
The project involved delays due to owner/architect direct design changes. Case settled at mediation to
the satisfaction of the client.
• Performed a detailed schedule analysis to determine the time impact of hurricane damage on the
construction of a casino in Biloxi, MS. Insured sought $15 million in time related impacts. Prepared
expert report of findings. Case was resolved without litigation.
• Evaluated a $6 million claim from the general contractor on the construction of $53 million, 24-story
apartment building in Fort Lauderdale, Florida.
• Evaluated claims by the general contractors on three separate construction projects to increase the
capacity of a sewage treatment plant in Washington, DC. Prepared expert report of findings.
• Evaluated a $9.5 million claim from the designer for delay and extra work on a public transportation
project. Prepared expert report of findings.
• Investigated the cause of $350 million in cost overruns during the conversion of a drilling platform and
supertanker into oil processing platforms.
Project Management/Consulting
• Provided scheduling, delay and claim advisory services during the construction of a $13.5B LNG plant.
• Provided scheduling and delay advisory services during the extension of the Purple Line in Maryland.
• Provided delay advisory services during the extension of the Green Line in Boston.
• Provided scheduling and schedule advisory services during the construction of a 550,000 square foot,
$130M psychiatric hospital.
• Provided scheduling oversight services for the owner during the construction of a $200 million
courthouse which included a 25-story tower, two annex office buildings, and a parking garage.
• Retained by the City of St. Petersburg, Florida to assess the status of work and the ability of the
construction manager to finish on time on the renovation of a domed baseball stadium.
• Developed a detailed CPM schedule for the completion of a 39-floor condominium project in
Jacksonville, FL.
• Prepared baseline schedule and schedule updates for the general contractor on the construction of a
parking facility at the Philadelphia International Airport.
• Evaluated the allocation of construction costs on a $29 million health services complex which included
an ambulatory care facility, medical office building, and parking garage.
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CERTIFICATIONS, LICENSES AND PROFESSIONAL AFFILIATIONS
Professional Engineer (Civil), Florida (Active) Delaware (inactive)
AACE International
American Society of Civil Engineers
Phi Kappa Phi Honor Society
HONORS
Who’s Who Legal: Consulting Experts-Construction-Quantum, Delay & Technical 2023
SPEAKING ENGAGEMENT
• 4th Annual Federal Government Contracting Seminar 2019: "Government Contracts Trial Practice Tune -
Up," Fairfax, VA, Sept. 2019
• “Tales from the Trenches of Forensic Schedule Analysis,” presented at the North Florida AACEi Section
Meeting in Orlando, FL, May 2015.
• “Actions Every Owner Should Take in Today’s Market,” presented at the Construction Users
Roundtable Annual Conference, in Phoenix, Arizona, November 2015.
• “Visualization of Changes and Schedule Delays,” presented at the North Florida AACEi Section Meeting
in Orlando, FL, September 2013.
• “Public Capital Improvement: Managing Construction Claims and Disputes: Litigation Avoidance and
Preparation,” presented at the Florida Association of County Attorneys (FACA) Annual Conference in
Marco Island, FL, June 2009.
• “Analyzing the Cumulative Impact of Changes,” presented at the AACEi Annual Meeting in Pittsburgh,
PA, June 2001 & ASCE, Florida Section Annual Meeting in Key Biscayne, FL, Sept 2001.
• “Evaluating the Management and Operations of a Municipal Traffic Section for More Effective
Performance,” presented at the Florida Transpo2000 Conference, April 2000; ASCE Florida Section
Annual Meeting, Sept 2000; AACEi Annual Meeting, June 2001; ITE Annual Meeting, August 2001.
• “Business Management for Contractors,” public continuing education seminar presented to Registered
Contractors, Orlando, FL, August 1999.
• “CPM Scheduling,” public continuing education seminar presented to Contractors, Architects and
Engineers, Tampa, FL, August 1999.
• “Managing Construction Claims and Disputes,” public continuing education seminar presented to
Contractors, Architects and Engineers, Charleston, WV, June 2000; Charleston, SC, June 2000;
Raleigh, NC, October 2000; Atlanta, GA, November 2000; Albuquerque, NM, August 2001; Houston,
TX, August 2001.
• “Project Management for Contractors,” public continuing education seminar presented to Registered
Contractors, Orlando, FL, August 1999 and Fort Lauderdale, July 2000.
• “Road and Highway Construction Claims,” public continuing education seminar presented to
Contractors, Architects & Engineers, Philadelphia, PA, April 1999 & New Orleans, LA, October 1999.
• “Road and Highway Construction Claims,” in-house seminar presented to the Mississippi Department
of Transportation, Canton, MS, April 2000.
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• “Scheduling,” seminar presented to the Defense Commissary Agency, San Antonio, TX, May 2002.
EXPERT WITNESS TESTIMONY EXPERIENCE (Deposition and Trial)
CASE DATE LOCATION
Tri State Drilling, LLC vs. EC Source Services, LLC 2023 Deposition – Orlando, Florida
Validus Construction Services, LLC v. Disney Vacation
Club Management Corporation n/k/a Disney Vacation
Club Management, LLC
2023 Deposition – Orlando, Florida
Coastland Construction, Inc. v. Caballero Plumbing, Inc.
and FCCI Insurance Company
2023 AAA Arbitration – Miami, Florida
Grande Oaks At Heathrow Association, Inc. vs. Kolter
Signature Homes, et. al.
2022 Deposition – Orlando, Florida
Diggs Houston Joint Venture vs. Cleme Manor Holdings 2022 Deposition – Orlando, Florida
UAG Construction, LLC v. Community Asphalt Corp.
2022 AAA Arbitration – Miami, FL
French Construction, LLC v. Department of Veterans
Affairs
2022 CBCA – Orlando, FL
Lecesse Construction Services, LLC v. National Lumber
Company
2022 AAA Arbitration – Orlando, FL
Ferrarini Custom Homes, Inc. vs. Corey Sawyer and
Gladymer Sawyer
2021 Florida Circuit Court –
Seminole County, Florida
DiPompeo Construction Corporation vs. The School
Board of Broward County, Florida
2021 Florida Circuit Court –
Broward County, Florida
Semoran Property Partners LLC vs. Beacon Bay
Construction Group
2021 Deposition – Orlando, Florida
Blythe Construction, Inc./Zachry Construction Corp. vs.
Parish and Partners, LLC vs. Johnson, Mirmiran and
Thompson, Inc. vs. ESP Associates, PA. vs. Vaugn &
Melton Consulting Engineers, Inc.
2021 Deposition – Charlotte, North Carolina
Validus Construction Services, LLC v. Disney Vacation
Club Management Corporation n/k/a Disney Vacation
Club Management, LLC
2021 Deposition – Orlando, FL
TBR/Small Riverside Jacksonville Owner, LLC v. Ellis &
Associates, Inc., Andrew T. Benoit and Thomas Borchert
2021 Deposition – Orlando, FL
Clark Construction Group, LLC v. The City of Miami
Beach Florida and Hill International, Inc.
2021 Deposition – Orlando, FL
Appeal of G.E.M. Constructors, Inc. (CBCA) 2020 Deposition – Orlando, FL
Dana B. Kenyon Co. vs. Sitek Corporation and Merchants
National Bonding, Inc.
2019 Deposition – Jacksonville, FL
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Puente Atlántico S.A. vs Autoridad del Canal de Panamá 2018 ICC Arbitration – Panama City, Panama
Capform, Inc. vs. Facchina Construction of Florida, LLC,
Travelers Casualty and Surety Company of America and
Nationwide Mutual Insurance Co.
2018 Deposition – Miami, FL
DiPompeo Construction Corp. vs. The School Board of
Broward County, Florida
2018 Florida Circuit Court – Fort Lauderdale, FL
Appeal of LW Construction of Charleston, LLC 2017 Deposition – Orlando, FL
VM Construction, Inc. vs. Kuehne Chemical Company,
Inc., et. al.
2017 Deposition – Hudson County, NJ
Appeal of MOQA-AWYOL JV, LTD. 2017 ASBCA – Falls Church, VA
Tarpon Springs Plaza, LLC vs. Samsson Construction
Incorporated, et. al.
2016 Deposition – Orlando, FL
Edie Laquer vs. MV Construction & Development Group,
Inc.
2016 AAA Arbitration – Miami, FL
H&J Contracting, Inc. vs. Jacobs Engineering Group, Inc. 2016 Deposition – Orlando, FL
Watermark Construction, L.P. vs. Eden Gardens
Apartments, L.P., et. al.
2014 Florida Circuit Court – Collier County, FL
Downrite Engineering Corp. vs. RL Homes II, LLC 2014 Deposition – Fort Lauderdale, FL
Ryangolf vs. Tern Bay Community Development District 2013 Florida Circuit Court – Charlotte County, FL
Nancy M. Crapps vs. Loren Spies, Crosier & Sons
Roofing, et al
2012 Deposition – Gainesville, FL
American Cement Company, LLC vs. Spirit Construction
Services, Inc.
2010 AAA Arbitration – Orlando, FL
Trikon Sunrise Associates, LLC vs. Brice Building
Company, et. al.
2010 Deposition –Orlando, FL
W.M. Turnbaugh vs. BellSouth Telecommunications, Inc. 2009 Deposition – Orlando, FL
Gonsalves vs. KB Home Florida, LLC, et al 2009 Deposition – Orlando, FL
Current Builders of Florida, Inc. vs. First Sealord Surety,
Inc.
2006 Florida Circuit Court – Broward County, FL
Joseph C. Amaturo vs.
Turner Construction Company, et. al.
2006 Deposition – Fort Lauderdale, FL
Elizabeth Jason Corp. vs.
Catalfumo Construction
2005 Deposition – Fort Lauderdale, FL
Panhandle Grading & Paving, Inc. vs. FDOT 2005 Deposition – Orlando, FL
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White Construction Co. vs. FDOT 2003 Deposition – Jacksonville, FL
J. Kinson Cook, Inc. vs.
M. B. Kahn Construction, Inc.
2003 U.S. District Court – Atlanta, GA
Milliken and Co. vs. Industrial Risk Insurers 2001 Arbitration – Atlanta, GA
Metric Constructors vs. Bray & Gillespie LLC 2000 AAA Arbitration – Orlando, FL
Devcon vs. GOAA 1999 Deposition – Orlando, FL
White Construction Co. vs. FDOT 1997 Deposition – Orlando, FL