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STEVE HOLLOWAY CONSTRUCTION EXPERT

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)

  1. Construction Documents That Lead To Changes, Change Orders and Disputes, 2006 Construction Law Update, Construction Law Library, Aspen Publishers
  2. Investigating Construction Defects, Construction Law Quarterly, Summer 2000
  3. Damages, A Journal for Professionals in Capital Projects and Dispute Resolution 1997-1999 periodical
  1. CPM Scheduling In Delay Claims—Introductory Concepts and Topics, Construction Law and Business, January/February 2002
  2. Pitfalls in Cost-plus Contracts, UNDER CONSTRUCTION, The newsletter of the ABA Forum on the Construction Industry, March 2003.
  3. The Legal and Technical Framework of Equitable Adjustment Claims, KC-News, December 1995,
  4. Time Impacted Analysis and As-planned Impacted Schedule Analysis, K-C News, August 1995.
  5. As-built, But-for and Window Analysis Techniques, K-C News, January 1995
  6. Overview of Schedule and Damages Analysis Concepts and Techniques, K-C News, July 1994,
  7. Creating the Leverage Necessary for Dispute Settlement, KC-News, January 1992,
  8. Back to Basics, KC-News, March 1992
  9.  Two New Tests in Home Office Overhead Claims.
  10. Is the Contractor a Fiduciary of the Owner?
  11. Determining the Final Cost Of The Work
  12. Changes You Should Know About in AIA Document A201 General Conditions
  13. Types of Construction Failures
  14. Investigating Construction Defects
  15. Limitation of Liability Clauses
  16. Overview of Delay Analysis Terms and Concepts
  17. Concurrency and Causal Events
  18. The Role of Cost Estimates in Contract Disputes
  19. Recovery in Terminated Contracts
  20. But-for Schedule Analysis Schedule
  21. Window/Update Analysis
  22. The Impacted As-planned Schedule Analysis
  23. Time Impact Schedule Analysis
  24. Total Cost and Modified Total Cost Damage Analysis
  25. Supreme Court Signals End To Total Cost/Time Claims
  26. How To Calculate A Settlement Offer
  27. Craft Labor Productivity, Parts I/II
  28. Contractor Claims in 2001
  29. GC/CM Standard of Care
  30. Acceleration
  31. Cardinal Change
  32. Constructive changes
  33. Delay Mitigation
  34. Defective Contract Documents
  35. Schedule Compression, Parts I/III
  36. Impossibility of Performance
  37. Lessons Learned in Construction Disputes, Parts I/II
  38. Construction Scheduling, Chapters 1/4
  39. Methods of measuring construction progress
  40. Finding Change Orders in Your Clients Contracts
  41. Defending Your Clients Against Labor Productivity Claims
  42. Residential Disputes, Part I
  43. GMP Contract Disputes: An Owner’s Perspective
  44. Finding Change Orders in Your Clients Prebid Job Conditions
  45. Finding Change Orders in the Bid/Award Process
  46. Finding Change Orders in Your Clients Plans and Specs, Parts I/III
  47. Liquidated Damages
  48. Comparative Analysis in Professional Liability Matters
  49. Architect’s Responsibilities
  50. Should AIA Contracts be Revised?
  51. Will Your Schedule Analysis Survive?
  52. General Contractor Responsibilities
  53. Common Mistakes in Construction Cost Estimating
  54. Owner Responsibilities
  55. Disputes in Fixed Price Contracts
  56. Contract Interpretation, Part I/II
  57. Change Order Discovery Checklist
  58. Two Requirements for Entitlement to Home Office Overhead Costs
  59. Subscriber Responses, Parts I/III
  60. New Law on Eichleay Damages
  61. Subcontracting in the 2000’s, Parts I/II
  62. Mold I – Mold Might Be Gold, but . . .
  63. Risks in Conceptual Estimating
  64. Three Types of Change Order Costs
  65. Mold II – Controlling Mold During the Construction Phase
  66. The Current Status of Home Office Overhead Claims Under Federal Law
  67. 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

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