Home > Professionals > Robert C. Gardner, Jr.

Robert C. Gardner, Jr.

Principal

Construction Consulting

(832) 325-5704 tel
(832) 325-5799 fax

Houston

Mr. Gardner has over 22 years of experience providing government contract and claim advisory services in the areas of aerospace and defense, construction, environmental, and insurance matters involving public contracts at the federal, state, and local levels.

Mr. Gardner specializes in the development, quantification, and presentation of cost and schedule overruns and damages on large and complex projects in the public sector. He has extensive experience in the documentation, costing, and negotiation of government contract requests for equitable adjustment (REAs) and affirmative claims, as well as analyzing and assisting in the defense of claims pertaining to issues such as delay and disruption, changed work (directed and constructive), loss of efficiency, terminations, business interruptions, untimely-delivered and/or defective buyer-furnished equipment and technical data packages, customer-caused interference, and other cost and schedule growth issues. Mr. Gardner is also often retained to perform contract performance audits and contract compliance reviews, critical-path schedule and delay analyses, earned value analyses, and incurred cost reviews to determine whether costs incurred under a contract were “allowable” per the Federal Acquisition Regulations (FAR) (i.e., documented, allocable, reasonable, properly charged, and consistent with the contract’s terms and conditions). As a result, Mr. Gardner has worked with a variety of scheduling programs and methodologies, Cost/Schedule and Control Systems Criteria (C/SCSC), and Earned Value Management Systems (EVMS) in analyzing cost and schedule performance data used and generated by a multitude of government contractors’ functional organizations from the program office and contracts to engineering, planning, procurement, industrial operations, tool design and tool fabrication, fabrication, assembly, etc.

Much of Mr. Gardner’s work in the aerospace and defense arena has pertained to state-of-the-art technologies and their advancement. His engagement experience has included working for subcontractors, prime contractors, the government (“owner”), and third parties (e.g., insurers) on a variety of fixed-price and cost-plus contract arrangements related to full-scale engineering and development (FSED), production, refurbishment, modification, and leader-follower programs.

Selected Aerospace and Defense/Government Contract Program Experience

Aircraft/Helicopters
• C-17: fixed leading edge, pylons, ribs & bulkheads, slats, stringers, spar caps, vertical & horizontal stabilizers, nacelles and in-air refueling receptacle programs
• C-130B
• UH-60 L, S and M Models
Aircraft/Helicopter Simulators
• C-141
• MH53-J
Electronic Countermeasures
• Phalanx
Communications Equipment
• TD-660 Multiplexor
K-12 School Construction
• Inspector General’s Office – LAUSD’s $20B+ School Bond Measure
Missiles
• Advanced medium range air-to-air missile (AMRAAM)
• Ground-based mid-course defense (GMD)
• Minuteman III intercontinental ballistic missile (ICBM)
• AEGIS missile booster (MK-72)
• Theater high-altitude area defense (THAAD)
• Hellfire missile (AGM-114)
Nuclear Power Plants
• Taiwan Power Company – Lungmen Project
Radiological Laboratories
• Los Alamos National Labs
Ships
• Guided missile destroyers – BURKE class – DDGs
• Amphibious assault – WASP class – LHDs
• Amphibious transport dock – SAN ANTONIO class – LPDs
• Multi-mission surface combatant – ZUMWALT class – DD(x)
• National security cutters – NSCs
• Helicopter destroyers – DDHs – Japanese Maritime Self-Defense Force
• Double-hulled tankers (commercial)
Space Launch Vehicles
• Atlas Centaur: Inertial Navigational Unit Program
• Titan IV: Inertial Navigational Unit
• Titan IV: Solid Rocket Motor Upgrade Program
• Space Shuttle: Booster Separation Motor Program
Superfund Sites
• Stringfellow
• McColl
Wastewater Treatment Plants
• City of San Diego
Developed REA, performed schedule and delay analysis and quantification of extracontractual costs on several Navy and Army helicopter programs
Conducted performance audit, incurred cost review, schedule and delay analysis on
several Navy and Coast Guard shipbuilding programs
Conducted performance audit, incurred cost review, schedule and delay analysis on several ballistic missile defense missile programs
Conducted performance audit, incurred cost review, schedule and delay analysis on space shuttle booster separation program
Conducted performance audit, incurred cost review, schedule and delay analysis on inter-continental ballistic missile refurbishment program
Radiological Laboratory – Delay and Disruption Claim and Forensic Engineering Root Cause Analysis: Retained by the General Contractor to assist in the development and quantification of an affirmative claim exceeding $50M, assessed/evaluated subcontractor claims, performed forensic engineering analyses and determined the technical root causes and timelines of schedule delays and cost overruns incurred during the construction of a radiological laboratory/utility/office building.
Superfund Site Performance Audit, Incurred Cost Review and Cost Recovery — Business Insurance Claim: Engaged by the insured (a State) to review, analyze, organize, quantify, and testify with respect to the allowability of the responsible party’s past and future remediation costs, which are estimated to exceed $550 million. The process involves the review and documentation of all contracted and internal costs and to test for evidence of pre-procurement authorization, and adherence to proper procurement standards, contract management and oversight, and invoice review and payment controls, covering almost 20 years of cleanup costs, hundreds of contractors, and thousands of change orders and invoices.
Nuclear Power Plant for a Foreign Government — Delay and Disruption Claim: Retained by one of the prime contractors to quantify the extracontractual costs incurred prior to them being terminated for convenience on their $2 billion portion of a $6 billion nuclear power plant. Assisted in the quantification and documentation of approximately $75 million in costs due to delay and disruption, as well as direct costs related to constructive changes. In addition, substantially reduced a major subcontractor’s claim against the client through the identification of inappropriately claimed indirect labor.
Termination for Convenience Claim on Jet Engine Modification Program: Client was terminated by the customer in a partnering arrangement to modify/develop an aircraft engine. Asked to test the soundness of the client’s cost accounting systems and the documentation, support, and rationale that were used to quantify their claim of approximately $40 million in invested costs. Improvements were made to the client’s methods, supporting documentation was identified, interviews were conducted, and a favorable settlement for the client was negotiated.
Internet Data Centers — Incurred Cost Construction Contract Audits: Washington, England, France, Holland, and Germany: Retained by owner to perform construction close-out reviews and assess the allowability of over $200 million in construction costs that had been invoiced by the general contractors in the build-out of seven Internet data centers. Reviewed baseline contracts and budgets, change orders, as-planned and as-built drawings, correspondence, and pay applications, and conducted interviews to determine which costs were inappropriate and unreasonable, and therefore not compensable. Approximately $30 million in unallowable construction costs were identified.
K-12 School Construction — Incurred Cost Construction Contract Audits: Retained by Inspector General of Southern California School District to perform numerous incurred-cost and contract compliance audits, pre-award contract audits, and due diligence reviews pertaining to an over $10 billion K-12 school construction bond measure.
Aircraft Modification Program — REA for Untimely Delivered/Defective BFE: Client had contracted with the USAF to modify four military aircraft for a foreign Air Force. The aircraft were delivered to the client late and were in a condition not contemplated by the client. As a result, the client experienced severe delays and cost overruns. Provided a critical-path schedule and delay analysis and quantified the resultant delay and disruption-related damages. In addition, the client’s direct out-of-scope efforts and the resultant damages were quantified.
Hotel — Delay and Disruption and Lost Profits Insurance Claim due to Mold: Retained by owner to quantify remediation costs and the resulting delay and disruption due to mold that was discovered during the construction of a $50 million, 500-room hotel. Quantified damages and demonstrated to the insurance company through a critical-path schedule and delay analysis that the required removal of all drywall was on the project’s critical path and was responsible for the delayed opening of the hotel. A favorable settlement was then negotiated with the insurance company.
Sludge Processing Facility — Defense of Construction Delay and Disruption Claim: Retained by owner to review, evaluate, and rebut the general contractor’s $3 million delay and disruption claim on this $20 million project. Performed a critical-path schedule and delay analysis and demonstrated how the general contractor’s actions and/or inactions solely affected the project’s critical path of activities. Thus, none of the delay was excusable or compensable, and liquidated damages were assessed.
U.S. Air Force Major Space Launch Vehicle — Solid Rocket Motor Upgrade Program Business Interruption Insurance Claim — Performance Audit and Incurred Cost Review: The insured had filed a $195 million business interruption claim, stating that they were unable to perform their contract in a timely manner due to an explosion at their propellant mixing facility. The insured claimed that its customer had to reprocure seven shipsets of rocket motors from another company due to the fact that this explosion directly affected activities on the program’s critical path. Retained by the insurer to perform an insurance claim “audit” of the insured’s facility, operations, and schedule. Performed a critical-path schedule and delay analysis of the insured’s advanced solid rocket motor upgrade program and established that the explosion did not affect the program’s critical path. The cost, schedule, and delay analysis resulted in a savings of $195 million to the client, the insurer.
U.S. Air Force Helicopter Flight Simulator Refurbishment — Developed REA ($5 million): Quantified cost overruns due to constructive changes and delay and disruption. Performed critical-path schedule analysis to quantify delay and assist counsel in determining liability for the delay. Commercial Off-the-Shelf (COTS) software vs. non-COTS software and the application of Mil Std 2167A were major issues in this matter.
Two Major Space Launch Vehicles/ Inertial Navigational Units — REA Defense: Reviewed and critiqued prime contractor’s counterclaim and performed a critical-path schedule analysis of the client’s (the subcontractor’s) performance. Determined an equitably adjusted schedule that established the client was not in default as a result of schedule delays. State-of-the-art computer chip technologies were involved.
U.S. Navy Electronic Countermeasures System/Leader-Follower Production Contract: Performed a cost and schedule reconciliation of the qualification and production contracts to quantify client (“Follower”) and “Leader” responsible delays and costs. The Follower, a major electronic weapons manufacturer, had incurred increased costs and schedule delays due to an untimely delivered/defective technical data package, as well as a significant number of engineering design and specification changes.
U.S. Air Force Aircraft — Developed REA ($30 million): Pylons, Ribs and Bulkheads, Fixed Leading Edge, Slats, Stringers, and Spar Caps: Reviewed over 400 design change proposals and analyzed the design change process. Performed critical-path schedule and delay analysis and quantified costs due to delay and disruption ($30 million) during the Full Scale Engineering Development (FSED) and Production Lots 1 and 2.
U.S. Air Force Aircraft — Developed REA ($40 million): Vertical and Horizontal Stabilizers, Nacelles, and In-Air Refueling Receptacle: Determined equitably adjusted schedule to establish what the schedule should have been to ensure that the client was not in a potential default position with respect to schedule. Developed REA to quantify costs due to delay and disruption ($40 million). Composite delamination problems were a major issue, because design changes were often made by the customer without any consideration given to the parts’ required design configurations, dimensional tolerances, and producibility.
Electronic Communications Equipment for U.S. Army C3I System — Developed Termination Settlement Proposal: The client had been terminated for convenience and had incurred significant costs and schedule overruns due to an untimely delivered/defective technical data package. Performed a line-of-balance schedule analysis to illustrate what components were causing delays to the critical path and quantified the client’s costs incurred due to customer caused delays. This engagement involved state-of-the-art electronics.

B.S., Aerospace Engineering, University of Michigan, Ann Arbor (cum laude), 1988