POSITION:
President and CEO, Holloway Consulting Group, LLC
EDUCATION:
Bachelor of Science, Building Construction, University of Louisiana, Monroe, 1973
Masters of Business Administration studies, University of Louisiana, Monroe, 1975
LICENSES:
California General Contractor’s License
Louisiana General Contractor’s License
EXPERIENCE:
Over the past four decades, Mr. Holloway has worked on a wide range of engineering, procurement, manufacturing and construction projects, both in the U.S. and abroad, with an aggregate value of well over $35 billion. Starting out as a project engineer on a series of large EPC projects, first with Fluor and then with M.W. Kellogg, he has progressed through field positions in project controls, project management, construction management, general contracting and construction consulting. His clients include the world’s largest engineering and construction firms, prominent developer and owner-clients, and numerous general and specialty contractors, design professionals, insurance carriers, sureties, law firms, and public agencies.
Mr. Holloway has worked, consulted and testified in contract disputes mediation, arbitration and litigation, has analyzed and testified to entitlement, causation and damages issues, and has consulted in all phases of dispute resolution. He has provided fact and expert witness testimony, and has been certified as an expert before various courts and panels. He has lectured and spoken before the AGC, ABC, CLE, Colorado Defense Lawyers Association, Colorado Bar Association, Denver Bar Association, Construction Superconference and other industry groups on engineering, construction, contracts and financial topics.
Holloway Consulting was formed in 1997 to provide consulting and expert witness services in construction disputes and claims; construction defects; GC/CM standard of care; design professional liability; construction insurance; surety claims; cost audits and accounting; government contract disputes; construction advisory services, and other matters. Prior to forming Holloway Consulting, Mr. Holloway was a partner and vice president in the Denver office of a multi-practice international consulting firm.
PROFESSIONAL:
American Bar Association, Associate Member #00750298
AFFILIATIONS:
American Arbitration Association Commercial Panel (Member)
ABA Forum on Construction
Construction Owners Association of America
Associated Builders and Contractors
Associated General Contractors
American Association of Cost Engineers International
JAMES S. HOLLOWAY, CV
RULE 26 CRCP DEPOSITION, ARBITRATION AND TRIAL TESTIMONY (5 YEARS)
- Martel v. Stolte, Inc., State Court of California, 1990, cite unavailable (Retained by Stolte).
- Hawker Siddeley Power Engineering Inc. v. O’Brien Co-generation, Texas 55th Judicial District, cite unavailable (Retained by O’Brien, represented by Morgan Lewis & Bockius).
- Regional Transportation District v. Flatiron Structures Company, AAA Colorado, cite unavailable (Retained by RTD).
- Dick Corporation v. CRS Sirrine Engineers, Inc., AAA, New Jersey, 1996, cite unavailable (Retained by Third Party Plaintiff Harris Mechanical, represented by Fabyanske, Westra & Hart).
- Swinerton & Walberg Company v. Golden Arms, AAA Colorado, cite unavailable (Retained by Third Party Architect Defendant).
- Robert Redpath v. Beck and Associates, District Court, Eagle County, CO. Colorado, 1998, cite unavailable (Retained by Beck, represented by Kerr Friedrich).
- First Construction v. Swan Meadow LLC, District Court, Summit County, Colorado, Case No. 96CV142, Division R, 1998 (Retained by Swan Meadow, represented by Rothgerber Appel & Johnson).
- Cobb Mechanical Contractors v. H.E. Whitlock, et al, Division 1, District Court, Fremont County, Colorado, Case No. 95CV223, Division 1, 1998, (Retained by Cobb, represented by Sparks Dix).
- Sundt/Colorado First v. Summit School District RE-1, Division R, District Court, Summit County, Consolidated Case No. 98 CV 6, Division R, Colorado, 1999 (Retained by Summit County Schools, represented by Caplan & Earnest).
- SMC Mechanical Corporation v. Borden, Inc., District Court, Kentucky, No. 3:97CV-973-A., 2000 (Retained by Borden, represented by Middleton & Reutlinger).
- Weekley Homes vs. Reliance National Indemnity Company and National Union Fire Insurance Company, District Court, Colorado Civil Action No. 00-N-58, 2000 (Retained by National Union, represented by Kennedy & Christopher).
- SOS Wireless Comm. v. Rockwell Collins, Inc., State Court of California No. 804428, 2001 (Retained by Rockwell Collins, represented by Payne & Fears).
- ACB, Inc., et al. v. Hodge Capital Company, et al, Garfield County District Court, Colorado, District Court Garfield County, Case No. 98-CV-107-A, 2001 (Retained by ACB, represented by Kaufman & Peterson).
- Gibbs Grading, Inc. v. City of Fort Lupton, Colorado, United States District Court Case No. 98-WM-689, 2000 (Retained by City of Fort Lupton).
- Conagra Poultry Company v. Wetlands Technologies, Inc. and T.C. Broome Construction Company, Inc., Western District of Louisiana, Nos. 95-1981, 2001 (Retained by Wetlands, represented by McManus & Graham).
- Newco Electric Co., Inc. v. Cytec Industries Inc. and BE&K, United States District Court for the Northern District of West Virginia, Case No. 1:99-CV-194., 2001 (Retained by Cytec, represented by Spilman Thomas & Battle).
- Foster Wheeler Zack, Inc. v. Vogt-NEM, Inc., Kentucky (private arbitration), 2001 (Retained by Vogt-NEM).
- W.M. Brown Construction Corp. v. On The Hill Development, Inc, Colorado, AAA No. 771100013701MAVI, 2002 (Retained by On the Hill Development, represented by Godin Baty).
- Westra Construction, Inc. vs. South Washington County Schools, Minnesota AAA 651100024101, 2003 (Retained by South Washington County, represented by Ratwik Rozak & Maloney).
- Howa Construction, Inc. v. HPC Development, LLC, Utah AAA No. 77 Y110 00348 03 JISI, 2004 (Retained by Howa, represented by Holland & Hart).
- Bateman-Merrick Group, LLC vs. Conoco Inc. and Elkhorn Construction, Inc., District Court, Adams County, Colorado, Case No. 02CV2684, 2005 (Retained by Bateman-Merrick Group, LLC, represented by Burns, Wall, Smith and Mueller).
- Kellogg Brown & Root, Inc. v. BASF Corporation, Division D, Twenty-Third Judicial District Court, State of Louisiana, No. 74,895, 2005 (Retained by BASF, represented by Kean Miller).
- SIMPLEXGRINNELL, L.P. v RESIDENT MANAGEMENT SYSTEMS, INC., Private Colorado Arbitration, 2005, (Retained by SIMPLEXGRINNEL, L.P., represented by Jeffrey Knoll and Associates).
- Curtis Park Redevelopment, L.P. and Abo Copeland Architecture, Inc, Colorado, AAA 77 110 00254 03 MAVI, (Retained by Abo Copeland, represented by Lee and Associates).
- Wolverine Supply, Inc. v Matanuska-Susitna Borough, Third Judicial District, Superior Court of Alaska, Case No. 3PA-03-1473 civil (Retained by the Defendant Matanuska-Susitna Borough, represented by Birch Horton Bittner and Cherot).
- Willbros Engineers, Inc. vs. MasTec North America, Inc. d/b/a MasTec Pipeline Company; US District Court for the Northern District of Oklahoma, Case No. 03-CV-436-K(M); (Retained by Plaintiff Willbros, represented by Conner & Winters).
- Weitz Company v. Delta Drywall, et al; Colorado, Denver County District Court; Case Number 2005-CV-5103 (Retained by Defendant Delta Drywall, represented by Nathan Bremer Dumm & Myers, PC).
- American Bridge Co. vs. Obayashi/PSM Corporation USA; Nevada, AAA Case No. 79110Y0014607 JOIB; (Retained by Plaintiff American Bridge Co., represented by Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC).
SELECTED LECTURES
- Session Chair: Construction Superconference, December 2007, Contract Documents That Lead to Changes, Change Orders and Disputes.
- Colorado Bar Association, Construction Law Forum, April 2007, Lessons Learned From $20 Billion of Commercial and Industrial Contract Change Orders.
- Session Chair: Construction Superconference, December 2006, Much Ado About Daubert?
- CLE International, Denver, September 1997, Schedule and Damages Analysis in Contract Disputes.
- CLE International, Denver, September 1996, Multimedia in Litigation Involving Construction Damages.
- Colorado Bar Association, Construction Law Committee, June 1996, Use of Multimedia in Construction Contract Disputes.
- CLE International, Denver, September 1995, Multimedia in Litigation Involving Construction Damages.
PUBLICATIONS (PARTIAL LISTING)
- Construction Documents That Lead To Changes, Change Orders and Disputes, 2006 Construction Law Update, Construction Law Library, Aspen Publishers
- Investigating Construction Defects, Construction Law Quarterly, Summer 2000
- Damages, A Journal for Professionals in Capital Projects and Dispute Resolution 1997-1999 periodical
- CPM Scheduling In Delay Claims—Introductory Concepts and Topics, Construction Law and Business, January/February 2002
- Pitfalls in Cost-plus Contracts, UNDER CONSTRUCTION, The newsletter of the ABA Forum on the Construction Industry, March 2003.
- The Legal and Technical Framework of Equitable Adjustment Claims, KC-News, December 1995,
- Time Impacted Analysis and As-planned Impacted Schedule Analysis, K-C News, August 1995.
- As-built, But-for and Window Analysis Techniques, K-C News, January 1995
- Overview of Schedule and Damages Analysis Concepts and Techniques, K-C News, July 1994,
- Creating the Leverage Necessary for Dispute Settlement, KC-News, January 1992,
- Back to Basics, KC-News, March 1992
- Two New Tests in Home Office Overhead Claims.
- Is the Contractor a Fiduciary of the Owner?
- Determining the Final Cost Of The Work
- Changes You Should Know About in AIA Document A201 General Conditions
- Types of Construction Failures
- Investigating Construction Defects
- Limitation of Liability Clauses
- Overview of Delay Analysis Terms and Concepts
- Concurrency and Causal Events
- The Role of Cost Estimates in Contract Disputes
- Recovery in Terminated Contracts
- But-for Schedule Analysis Schedule
- Window/Update Analysis
- The Impacted As-planned Schedule Analysis
- Time Impact Schedule Analysis
- Total Cost and Modified Total Cost Damage Analysis
- Supreme Court Signals End To Total Cost/Time Claims
- How To Calculate A Settlement Offer
- Craft Labor Productivity, Parts I/II
- Contractor Claims in 2001
- GC/CM Standard of Care
- Acceleration
- Cardinal Change
- Constructive changes
- Delay Mitigation
- Defective Contract Documents
- Schedule Compression, Parts I/III
- Impossibility of Performance
- Lessons Learned in Construction Disputes, Parts I/II
- Construction Scheduling, Chapters 1/4
- Methods of measuring construction progress
- Finding Change Orders in Your Clients Contracts
- Defending Your Clients Against Labor Productivity Claims
- Residential Disputes, Part I
- GMP Contract Disputes: An Owner’s Perspective
- Finding Change Orders in Your Clients Prebid Job Conditions
- Finding Change Orders in the Bid/Award Process
- Finding Change Orders in Your Clients Plans and Specs, Parts I/III
- Liquidated Damages
- Comparative Analysis in Professional Liability Matters
- Architect’s Responsibilities
- Should AIA Contracts be Revised?
- Will Your Schedule Analysis Survive?
- General Contractor Responsibilities
- Common Mistakes in Construction Cost Estimating
- Owner Responsibilities
- Disputes in Fixed Price Contracts
- Contract Interpretation, Part I/II
- Change Order Discovery Checklist
- Two Requirements for Entitlement to Home Office Overhead Costs
- Subscriber Responses, Parts I/III
- New Law on Eichleay Damages
- Subcontracting in the 2000’s, Parts I/II
- Mold I – Mold Might Be Gold, but . . .
- Risks in Conceptual Estimating
- Three Types of Change Order Costs
- Mold II – Controlling Mold During the Construction Phase
- The Current Status of Home Office Overhead Claims Under Federal Law
- Labor Productivity Studies.
J. STEVE HOLLOWAY’S EXPERIENCE SUMMARY
Fluor, M.W. Kellogg, Bechtel, Parsons/Gilbane, and ARAMCO
1974-1984
Polyethylene unit; Louisiana
Ammonia Production Units; Louisiana and Oklahoma
Herbicide Production unit; Texas
Nuclear Power Generation facility; Mississippi
Shale oil recovery/synthetic fuels; Colorado
Crude Oil Refinery Upgrade Project; Louisiana
Strategic Petroleum Reserve, DOE; Louisiana and Texas
Copper Smelter and Mine; Mexico
Bauxite Mine and Alumina Smelter; Jamaica
On-shore Gas/oil separation units (GOSP); Saudi Arabia
On-shore natural gas pipelines; Saudi Arabia
On-shore Crude Gathering and Trunkline Pipelines; Saudi Arabia
SCADA microwave communications network; Saudi Arabia
Off-shore oil production platforms/pipelines; Saudi Arabia
Crude Storage Facilities; Saudi Arabia, Louisiana, Texas
Heery Program Management, and Stolte, Inc. (GC)
1985-1990
Bakersfield (California) Memorial Hospital
Folsom Prison, California
Tehachapi Prison, California
Vista County Jail, California
Milpitas (California) Correctional Facility
Richard J. Donavan Prison, California
V.A. Hospital, Texas
Delta Terminal Expansion, Dallas-Ft. Worth Airport
500 unit single-family development, Orange County, California
300 unit apartment complex, San Francisco
“The Tower”, 36-story high-rise, Burbank, California
Merrill Lynch Headquarters Building, Boston, Massachusetts
Mission Inn Hotel, Riverside, California
Sheraton Palace Hotel, San Francisco, California
Metro Dade Police Headquarters Facility, Dade County, Florida
Animal Sciences Research Building, University of Michigan
Directors Guild of America Headquarters Building, Santa Monica, California
Tarrant County Criminal Courts Facility, Fort Worth, Texas
Disney’s Grand Floridian Resort Hotel, Disneyland, Florida
Ritz-Carlton Hotel, Marina del Rey, California
Ritz-Carlton Hotel, Dearborn, Michigan
Holiday Inn, Torrance, California
Ramada Renaissance, Irvine, California
Embassy Suites, Irvine, California
St. Charles Hospital, New Orleans
USC Medical Center, Los Angeles, California
Motion Picture and Television Fund Hospital, Calabasas, California
New High School, North Palm Beach, Florida
Magnet High School, Los Angeles
Various Low-Rise and Mid-rise Office Buildings
New Concrete Bridge, Coeur d’Alene, Idaho
Principal
Kellogg Corp. (Construction Consulting)
1990-1993
Natural Gas pipeline and gas compression equipment manufacturing; New York and India
Gas Transmission Compressor Stations; India
On-shore Gas/oil separation units (GOSP); California
On-shore natural gas pipelines; India
Beverly Hills Civic Center, California
Combined Cycle Co-generation; New Jersey, West Virginia
Military Air Base Reconstruction, Post Desert Storm, Kuwait
Veterans Administration Hospitals (U.S. and international locations)
LACTC Light Rail and Subway construction, Los Angeles
Tertiary CO2 recovery unit; Texas
Nuclear Power Generation; Perry
Harold Washington Public Library, Chicago
Partner
Peterson Consulting Group (Construction Consulting)
1993-1997
20th Street/High Occupancy Vehicle Lane Project, Denver
Combined Cycle Co-generation; Connecticut (2), Texas
DOD project; California
Hoover Dam Visitors Center and Parking Structure
Defense industry projects; Missouri and California
Hamilton County Courthouse, Cincinnati, Ohio
Coors Field, Denver
Pepsi Center, Denver
Biblioteca Latinoamericana, San Jose, California
Water Pipeline, Tampa
San Diego Airport International Terminal
DIA Terminal “A” construction
DIA baggage handling system
Open pit mine and Radioactive material disposal; Idaho
Town Hall, fire/damage/rebuild; Silverton, Colorado
Microbiology Research and Development Building (MCDB), University of Colorado, Boulder
President/CEO
Holloway Consulting Group, LLC (Construction Consulting)
1997-Present
Hwy. 93, Hoover Dam Bypass Bridge Arbitration
U.S. Postal Service Facility (TMS), Nashville, Tennessee
Prado Dam, California
Ventura Freeway, Rose Avenue Rte. 101 Interchange, California
Colorado Highway 83 Expansion Project, CDOT
I-25 Sound Wall Project; CDOT
Highway 5 Grading/Paving IDOT Project, Carlisle, Iowa
Twin Steel, Eight Lane, Traffic and Pedestrian Bridges, Colorado
Union Pacific Ebony Inter-modal facility; Memphis, Tennessee
Lincoln Street Improvements, Wichita, Kansas
County State Aid Highway 22 Improvements, Minnesota
Coyote Creek Golf Course construction, Colorado
Kissing Camels Golf Course, Colorado
Plum Creek Golf Course, Colorado
Railway Spur construction; Colorado Springs Utilities
Wetlands Effluent Treatment and Discharge System, Louisiana
DIA new runway construction
Airport Runway Renovation, Ohio
Private Airplane Hangars, Colorado
Baltimore/Washington International Airport
McCarran International Airport, Las Vegas
MDI Production Plant; Louisiana
Urethane/Formaldehyde Production Unit; Kentucky
Natural Gas Pipeline and NGL plant; Illinois
Surfactants Processing Unit; West Virginia
Diester Monomer process unit (biodegradable plastics); Colorado
Motor Fuel Debutanizer Plant; Colorado
Gas compressor station, Colorado
Fossil Fuel Power Generation Unit; Indiana
NOX Scrubber Unit; Tennessee
Condenser tube replacement; Tennessee
Satellite telecommunications; Colorado
Cement Manufacturing Plant, Missouri
Cellular telephone engineering/design/manufacturing; California
Microprocessor/wafer manufacturing; Idaho
Waste water treatment facility, Parker, Colorado
Municipal Sludge Treatment facility; Colorado
Wastewater Treatment Plant Expansion, Colorado
Harrah’s Casino – Hotel, Louisiana
Paragon Casino – Hotel, Louisiana
Ritz-Carlton Hotel and Casino, Lake Las Vegas
Hampton Inn, Garden Grove, California
Westin Monache Resort Hotel, California
Hotel Park City, Utah
Hampton Inn, Arizona
Holiday Inn Express, DIA; Denver
Days Inn, DIA; Denver
Ramada Inn, DIA; Denver
Grand Summit Lodge, Colorado
Arrabelle Resort Condo/Hotel, Vail
Aurora Medical Center, Colorado
Children’s Hospital, Denver
University of Colorado Hospital
Anschutz Center for Advanced Medicine, Colorado
200 unit apartment complex, Lafayette, Louisiana
343 unit apartment complex, Baton Rouge
81 unit single-family development, Summit County
250 unit single-family development, Colorado
292 unit single-family, Highlands Ranch
$14 million Custom home, Vail
$5 million dual-family residence, Edwards
$2 million custom home renovation, Evergreen
$1 million custom home, Vail
$10 million custom home, Aspen
$1 million single-family residence, Denver
$1.5 million single-family residence, Colorado Springs
$2.7 million custom home, Basalt, Colorado
$500,000 Bed and Breakfast, Denver
$11 million, 220 unit apartment complex, Colorado
$13 million, 276 unit apartment complex, Colorado
$8 million, 175 unit apartment complex; Colorado
$10 million, 200 unit town home Project; Colorado
100 unit town home Project; Colorado
$10 million apartment complex, Colorado
$15 million condominium project, Colorado
300 unit apartment complex, Colorado Springs
155 unit HUD Redevelopment Project, Denver
16 story high rise condo renovation, Denver
$40 million luxury condominiums, Lake Tahoe
90 unit single-family home development, Las Vegas, Nevada
182 Unit condominium development, San Jose, California
Assisted Living projects: Colorado (2) and New York (1)
$20 million custom home, Naples, Florida
229 unit single-family housing development, San Antonio
Marina West Business Center, Pompano Beach, Florida
Adams Place Condominiums, Cincinnati, Ohio
Personal residence, historical preservation, Denver
Hurricanes Katrina, Gustav, and Rita repair damages: Baton Rouge, New Orleans
Hurricane repair damages, Miami and south Florida
Summit County School Program, Frisco, Colorado
Colorado Springs School District No. 11, School Technology Program
Wells High School/Valley Middle School, California
Sciences Complex, Cameron University, Oklahoma
High School, asbestos abatement, Colorado
New North Elementary School, Woodbury, Minnesota
Houston High School, Alaska
University of Colorado, Folsom Field Stadium Expansion
Rutgers’ University Football Stadium Expansion
Invesco Field at Mile High, Denver
Staples Center, California
Crawford County Justice Center, Ohio
County Justice Center; Colorado
East Canon City Prison Project, Colorado
Trinidad Correctional Facility, Trinidad, Colorado
Arapahoe County Detention Facility, Colorado
Brighton Gardens, Assisted Living Projects, Colorado Springs and Lakewood, CO
Nerman Museum, Kansas City, MO
Belle Casinos; Tunica, Mississippi
Belle Casinos; Biloxi, Mississippi
Multi-Plex theater; Colorado
CIRI Casino, Lake Las Vegas
August 2011