Mr. Stigler advises clients on a range of topics including the development and defense of construction claims, dispute avoidance, change order negotiations, risk assessments, project controls, change management, contract review and assessments and project scheduling. His experience with construction disputes includes schedule delay analysis, forensic accounting, damage calculations, productivity studies and litigation support.
Mr. Stigler’s construction project experience includes power plants, onshore oil and gas facilities, wastewater treatment facilities, highways & bridges, light rail, vertical construction, commercial and residential structures, hospitals, and schools. Mr. Stigler’s clients have included corporate entities, public agencies, contractors and subcontractors, architectural and engineering firms, and insurance carriers.
Mr. Stigler has participated in numerous successful settlement negotiations and mediations.
Director, Delta Consulting Group
American Bar Association Forum on Construction Law
LNG Refinery: Prepared a $100+ million multi-disciplined design/engineering productivity loss claim utilizing a measured mile methodology related to a $500 million liquefied natural gas (LNG) project in the Middle East.
Nuclear: Prepared a $1.3B claim on behalf of a contractor for delays, disruptions, changes and impacts caused by the owner under the terms of an EPC agreement to build two nuclear powered electric generating units.
Hydro Electric: Prepared a $386 million direct and consequential damages claim for an international power generating company resulting from the failure of a headrace tunnel that was part of a hydroelectric generating facility in Central America.
Solar: Prepared an $18M lost labor productivity claim on behalf of a subcontractor related to disruptions and impacts resulting from partial and late work releases and changes to milestone dates by the general contractor during the construction of a $2B solar electric generating facility.
Oil & Gas: Reviewed contemporaneous documentation related to change orders and claims for 15 separate $100+ million EPC energy and oil & gas projects to determine if an SEC registrant recorded and recognized revenue in accordance with generally accepted accounting principles (GAAP).
Power Plant: Prepared damage calculations for an international EPC contractor resulting from scope and time impacts experienced during the expansion of a coal and natural gas fired electric generating facility in the Midwestern United States.
Light Rail: Assisted owner with the successful negotiation of a contractor’s $200M change order request for its delay and cumulative impact costs associated with asserted owner caused changes. Work included the assessment of schedule delays, productivity impacts and unabsorbed home office overhead. Ultimately, owner was able to negotiate a settlement of approximately 50% of requested amount.
Highway: Prepared a schedule analysis on a $100 million U.S. interstate realignment project to analyze the contractor’s request for time extension and equitable adjustment.
Highway: Prepared a schedule analysis on a $10 million highway and associated utility project that illustrated contractor delays caused by owner and designer related issues.
Utility: Prepared a detailed/integrated critical path method (CPM) project schedule for a $20M well drilling project in Southern California. Prepared and submitted weekly and monthly schedule updates to reflect progress and changes in sequence. Analyzed the schedule at each monthly update to determine the source and magnitude of critical project delays.
Utility: Evaluated the potential acquisition of a large specialty contractor by performing competitive market analysis. Analysis included research of industry fundamentals, demand drivers, outsourcing of services, service areas, competitive threats, and key relationships.
Airport: Reviewed a contractor’s claim for possible False Claim Act (FCA) violations related to scope and time impacts associated with a $100+ million airport expansion project in Southeastern United States prior to submission to the governmental agency.
Hotel: Prepared a schedule analysis on a $150 million hotel development that illustrated disruption and productivity impacts to a subcontractor caused by contractor, owner and designer related issues.
Commercial: Prepared a report for an REIT detailing $6.5 million of construction cost overruns related to 18 separate projects, across Florida, Louisiana, Texas and New York that were acquired in various stages of completion. Prepared a separate rebuttal report addressing $2.3 million of counter claims alleged by the seller of the 18 projects.
Residential: Reviewed policies, procedures and internal controls of a Special Community Development District performing site work to develop 430 acres for mixed-use development. Analysis included a detailed assessment of the contractor’s performance, project management, administration and a detailed review of all project change orders.
Residential: Prepared a schedule analysis on a $15 million Florida low-income housing development that illustrated contractor delays caused by owner and designer related issues.
Environmental: Prepared multiple site condition reports that determined remaining useful life and replacement cost estimates for major building components for condominium and mixed use properties in Florida. Site condition reports included the assessment of the presence of environmentally toxic materials used during construction (e.g. “Chinese drywall”).
Environmental: Developed a protocol for contractor to follow during the removal and replacement of environmentally toxic materials during the remediation of a residential high rise building in Southeastern United States.
Schools: Prepared a Time Impact Analysis of changes to the critical path of a $35 million school modernization project to analyze a contractor’s request for additional time.
Hospital: Prepared a schedule and productivity analysis on a $450 million hospital project that resulted in the successful negotiation of over $3 million of delay and disruption damages to a subcontractor resulting from owner, contractor and designer related issues.
Hospital: Prepared damage calculations for a contractor resulting from disruption and scope impacts experienced during construction of a $466 million hospital expansion in the Midwestern United States.
Hospital: Prepared damages calculations related to the termination of design-build contractor on a $300M hospital expansion/renovation in southern California. Scope of services included calculation of damages due under the contract based on both the termination for cause and termination for convenience provisions.
Prison: Prepared rebuttal of claim for damages asserted by contractor related to alleged defective work and related delays caused by subcontractor during construction of a prison facility. Ultimately, during settlement discussions, contractor dropped claims against subcontractor and released outstanding contract balance.