CURRICULUM VITAE

Thomas N. Frisby
The Frisby Group – Construction Consultants

LOCATIONS WHERE WORK HAS BEEN PERFORMED:

EDUCATION:

  • L.L.B. Louisiana State University School of Law
  • Conflict Management, Harvard
  • Mediation, South Carolina Bar
  • Civil Engineering, US Army ROTC
RESEARCH STUDIES:

  • Construction Productivity
  • Strategic Planning
  • Total Quality Management
  • Federal Construction Contracting
  • Principles of Scheduling
  • Negotiating Techniques
  • Delivery Systems

SPECIFIC TECHNICAL SUBJECTS:

  • Epoxy
  • EIFS – Sick Buildings
  • Weathering Steel
  • Smoke Evacuation
  • Soils and Subsurface Conditions
  • Biomass Plants
SCOPE OF SERVICES:
Dispute Resolution
  •  Claims Prevention
  •  Impact Claims
  •  Delay Damages
  • Disputed Scope
  •  Terminations
  • Remediation
  • Negotiation
  • Mediation

Education and Training

  •  In-house Programs
  • Webinars
  • Publications
  • Construction Associations

Management

  • Strategic Planning
  • Troubled Companies
  • Troubled Projects
  • Productivity Improvement
  • Total Quality Management
  • Partnering

 

INTERESTING STRUCTURES:

  • Aloha Stadium: Multiuse stadium where interior wings moved on airfoil system to be in football or baseball configuration.
  • Liquid Propane Storage Barge: Pre-cast concrete panels held together by epoxy.
  • Central Arizona Project: Largest aqueduct system ever constructed in America (336 miles long)
  • Small Energy Plant: Biomass plant used fertilizer, straw and wood products burned in furnace to produce energy.
  • Washington DC Metro project: Where mortar pads adhered to invert concrete structure by epoxy was used to attach rails.
  • Bad Geek Pump Storage Project: $1 billion dollar underground power plant.

DEMOGRAPHICS OF CLIENTS (LISTING OF EXAMPLES):

Owners:

  • Pennsylvania Power & Light
  • Duke Energy
  •  Niagara Mohawk
  •  University of Texas

Designers:

  • Minore Yamasaki (World Trade Center designer)
  • Alfred Yee & Associates (Structural)
  • Dr. Art Anderson (ABAM)

General Contractors:

  • Brasfield & Gorrie, Alabama
  • Hawaiian Dredging & Construction
  • McDevitt Street Bovis, Inc., NC
  • MB Kahn, South Carolina
  • Sletten Construction, Montana & Nevada

Trade Contractors:

  • Cullum Mechanical Construction, Inc.
  • McClure Mechanical
  • Andoo Group, Grand Cayman

Partnering:

  • Department of Energy
  • Marine Corps
  • Clark County Sanitation District

Dispute Resolution Board:

  • Department of Justice, Texas
  • Southern Nevada Water District

PUBLICATIONS:

  • SMACNA Business Development
  • Total Quality Management
  • Editorial Board, Construction ClaimsMonthly
  • Government Contract Law (USAFAcademy)
  • The Art of Negotiation (Texas A&M)
  • Risk Management for ConstructionContractors (Federal Publications)
  • Subcontractor Management (Federal Publications)
  • How to Survive and Prosper in the Construction Industry (R.S. Means)
  • Best Business Practices (R.S. Means)
  • Personal Estate Planning (USAF Academy)
  • A Survey Course on Law (USAF Academy)
  • Project Management Manual (Mechanical Contractors of South Carolina)
  • Superintendent’s Handbook (Mechanical Contractors of South Carolina)ACADEMIC POSTS:
  • Principles of Construction Contracting (Self-Publication)
  • Best Practices Columns, Charleston Regional Business Journal
  • Various Articles

ACADEMIC POSTS

  • Associate Professor, USAF Academy
  • Visiting Professor, University of Denver
  • Guest Lecturer at Universities including Texas A&M Construction Executive Program,Stellenbosch Construction Executive Program, The Citadel, University of Houston, Colorado State University and Clemson

LECTURES & SEMINARS:

  • Mechanical Contractors Association of America National Convention, Puerto Rico
  • National Electrical Constructors Association National Convention, Chicago
  • National Project Management Institute
  • National Convention, Vancouver
  • National Construction SpecificationInstitute National Convention,Minneapolis
  • National Masonry ContractorsAssociation Convention, New Orleans
  • South Carolina Mechanical Association Annual Meetings
  • Hawaii Association General ContractorsAssociation
  • Corps of Engineers, Atlanta, Georgia
  • Duke Energy and Services MEMBERSHIPS:
  • Hawaiian Dredging & Construction Company
  • Alfred Yee and Associates (Structural Engineers)
  • Federal Publications, Inc.
  • Guam Contractors Association
  • Toronto MCA
  • National Contract Managers Association, Seattle
  • South Carolina Bar Association CLE
  • Minoru Yamosaki & Associates
    (Architects)
  • Androgroup, Grand Cayman
  • CISCA, Bermuda
  • Sletten Construction Company, Montana & Nevada
  • Dilco of Canada, Vancouver
  • Other Contractors, Owners, Engineers

MEMBERSHIPS:

  • Society of American Military Engineers (SAME)
  • Mechanical Contractors Association of South Carolina (MCASC) Honorary Lifetime member
  • Texas Bar—Inactive
  • Louisiana Bar—Inactive

RECENT HONORS:

  • Lifetime Honorary Membership Award, MSCSC
  • 2006 School Administration’s Presidents Award for Efforts to Improve the Construction Industry

WEBINARS:

  • 25/10 Concept for Construction Claims Monthly
  • Soils and Differing Site Conditions for Construction Claims Monthly
  • Total Quality Management (TQM) for Construction Claims Monthly
  • TQM in the Construction Industry

CONSTRUCTION COMPANY MANAGEMENT / OWNERSHIP:

  • Centric Corporation, Denver, Colorado
  • Sturgeon (Harlan) Electric, Denver, Colorado
  • Advisor to Board of Directors, Hawaiian Dredging & Construction Company
  • Advisor to Executive Committee, Pennsylvania Power & Light, EMS Division
  • Advisor to Executive Committee, McClure Mechanical

MILITARY SERVICE:

  • 2nd Lieutenant Artillery
  • Captain, USAF Judge Advocate General (Commendation Medal)
  • Top Secret and “Black” Clearances

DISPUTE RESOLUTION:

The following is a partial list of projects for which dispute resolution services were provided:

Corps of Engineers

Project

Location

Nature of Issue

Boat Harbor

T’au, Samoa

Differing site conditions relating to the nature of Limestone Breccia. (Negotiated after deposition)

Nerve Gas Destruction Center

Johnson Atoll, Pacific Islands

Acceleration dispute resulting from a change in U.S. Tax Laws.

Mechanical Building

Savannah River District

Mediator in delay claim

Recreational Dam

Broken Bow, Oklahoma

Damage to partially completed dam when Government released upstream flow of water. Government claimed Act of Sovereignty.

Barracks

Fort Gordon, Georgia

Issue of CMU installation being

in compliance with the contract. Acceleration and delay damages.

Barracks

Fort Carson, Colorado

COE directed drilled pier foundation method, which was not compatible with subsurface conditions.

Barracks

Fairbanks, Alaska Anchorage, Alaska

Issue involved acceptable water and air infiltration in COE specified windows

Mass Transit

Washington, D.C.

COE specified epoxy for adhering mortar pads to invert structure, improper specification.

C-5A Hangar

Altus AFB, Oklahoma

Scope of work disputes on design-build contract

Barracks

Fort Carson, Colorado

COE directed drilled pier foundation method, which was not compatible with subsurface conditions.

Barracks

Fairbanks, Alaska Anchorage, Alaska

Issue involved acceptable water and air infiltration in COE specified windows

Mass Transit

Washington, D.C.

COE specified epoxy for adhering mortar pads to invert structure, improper specification.

C-5A Hangar

Altus AFB, Oklahoma

Scope of work disputes on design-build contract
US Air Force

Project

Location

Nature of Issue

Titan II Activation

Arizona

Scope changes, delays

Titan III-C

Cape Kennedy

Dispute resolution involving in- flight failure of Titan III C-12.

Titan III-B

Vandenberg AFB

Dispute resolution-involving failure of Titan III-B.

Titan III-M

Denver Colorado

Termination of Program

USAF Academy

Colorado Springs, Colorado

Resolution of claims arising out of construction of the Academy.
Department of Interior

Project

Location

Nature of Issue

Recreational Dam

Silver Jack, Colorado

Part of mountain slid into partially completed dam. Issue was force majeure or differing site condition.

Central Arizona Project

Phoenix, Arizona

For several projects, resolved changed condition claims with USBR.

De-Salinization Plant

Roswell, New Mexico

Constructive changes and delay damages resulting from defective specifications.
US Navy

Project

Location

Nature of Issue

Helicopter Hangar

Jacksonville, North Carolina

Conflict in drawings, delay and acceleration claim. Involved responsibility for design.

Fighter Hangar

Key West, Florida

Issue involved responsibility for painting walls previously coated with a lead based paint.

Fuel Storage Facilities

Honolulu, Hawaii

Quality of welds and scope of work issues. Barracks Meridian, MS Issue involved assessment of $3.3 in liquidated damages.

Barracks

Meridian, MS

Issue involved assessment of $3.3 million in liquidated damages.

Barracks

Beaufort, SC

Overturned a wrongful termination for default.
Water Treatment Facilities

Project

Location

Nature of Issue

Waste Water Treatment

Clark County, Nevada

Provided project oversight; act as mediator in resolving disputes on five separate projects.

Water Treatment Plant

Mt. Pleasant, SC

Resolved dispute with contractor. Question of concurrency of delay.

Water Treatment Plant

Sand Island, HI

Resolved delay damages, acceleration issues.

Sludge Incinerator

Contra Costa, California

Defective plans, acceleration, delay damages
Department of Transportation

Project

Location

Nature of Issue

Keehi Interchange

Honolulu, Hawaii

Question whether splicing of multi-segment piles failed due to design or workmanship problem.

Highway and Bridges

Maui, Hawaii

Combined issues or work area limitation and differing site conditions. Expert witness. (Negotiated after deposition)

Overpass

Denver, Colorado

Determination of damages due to conflict in drawings and owner delays. Expert witness. (Negotiated after deposition)
Power Plants

Project

Location

Nature of Issue

One billion dollar Pump Storage Project

Bad Creek, SC

Termination of above ground contractor. Differing site condition issues by below ground contractor. Project oversight.

Small Energy Plant

Imperial County, California

Expert witness on reasons for and damages resulting from failures of Biomass plant to function properly. Fourty million dollar jury verdict.

Upgrade Fossil Power Plant

Solvay, NY

Representing Owner, resolved claims brought by E-P-C National Contractor. (Fluor Daniel)
Schools, Universities and Hospitals

Project

Location

Nature of Issue

High School

Grand Cayman

Advise MEP contractor on project where general contractor is terminated.

High School

Charleston, SC

Expert Witness for School District relating to contractor’s claim for delay damages.

Hospitals

Galveston, Texas

Expert Witness for University of Texas on claims brought by general and mechanical contractors regarding four separate hospital projects. (Negotiated after deposition)

Hospital

Las Vegas, Nevada

Provided oversight on constructing Medical University Hospital.

University Hospital

Raleigh-Durham, NC

Resolution of disputes regarding errors and omissions on electrical drawings.

Elementary School

Summerville, SC

Expert witness on behalf of school district in case involving termination for default of general contractor. Verdict for School District.

Three hundred thirty million dollar Medical University Hospital

Charleston, SC

Negotiated successful resolution of major claims amounting to over ten million dollars due to delay damages, termination and impact.
Hi-Rise and Industrial Facilities

Project

Location

Nature of Issue

Hi-Rise Office Building

Chicago, IL

Expert witness on behalf of terminated electrical contractor. Verdict for client.

Electronic Facility (Siemens)

Chicago, Illinois

Negotiated acceleration claim due to multitudinous changes and changes to UPS. Represented electrical contractor against Turner Construction.

Hi-Rise Hotel (Registry)

Dallas, Texas

Expert Witness for general contractor in defense of claim by owner and prosecution of delay damage and impact claims by contractor. Negotiated successfully after deposition.

Office Complex

Grand Cayman

Negotiated delay damages claim on behalf of MEP contractor

Office Complex

Grand Cayman

Advise owner regarding major remediation problems on a thirty five million dollar project. (involved smoke evacuation system)

ORGANIZATION CONSULTING & STRATEGIC PLANNING:

Provide strategic and organization consulting.
Provide strategic and organization consulting. (St. Louis, Missouri)
Client
Scope of Work
Martin-Marietta
Oversaw contract management on Titan III-M, including termination for convenience when the project was transferred to NASA.
Oversaw flight incentive programs for Titan III-C and Titan III-B.
Dispute Resolution on Titan II Activation Program.
Dispute Resolution on Titan III-B Missile Failure.
Assisted in developing management programs such as Planned Value of Work Accomplished (PVWA).
Boeing
Special consultant for one year assisting Boeing and NASA reduce budget and schedule overruns. (Moon Program) Renegotiated Saturn S-IC Contract.
McClure Company
Provide strategic and organizational consulting. (Harrisburg, Pennsylvania)
Pennsylvania Power & Light (PPL)
Murphy Mechanical
Sletten Construction Company
Provide strategic and organization consulting. (Great Falls, Montana)
Wenninger Mechanical
Provide strategic and organization consulting. (Minneapolis, Minnesota)
Hawaiian Dredging & Construction Company, Hawaii
Assisted in overall market strategy and organizational issues. Assisted in developing Southeast Asia operations. (Hong Kong)
Gross Mechanical, St. Louis, MO
Developed successor ship plan and implementation of more effective organizational structure
Andros Corp
Provided strategic planning assistance to MEP company in Grand Cayman.
Missouri MCA
Provided strategic planning to Association; worked in conjunction with Pipefitters and Plumbers Union.
Numerous Construction Companies
Provide strategic and organizational consulting. (Confidentiality Agreements) Included are two of the top twelve general contractors, three of the top twenty-five mechanical contractors, two of the top twenty-five electrical contractors.

PARTNERING PROJECTS:

  • Client
  • DOE Headquarters
  • DAFT Facility (CCSD)
  • Bar Screen Project (CCSD)
  • Utility Project (County of Las Vegas)
  • Wastewater Treatment Plant (CCSD)
  • Filter Screen Project (CCSD)
  • Water Line (SNWD)
  • Academic Building (USC)
  • Dormitory Building (USC)
  • Medical Facility (MUSC)
  • Dormitories (US Navy)
  • Duke Energy Pump Storage
  • Hospital (USMC)
  • Location
  • Las Vegas, Nevada
  • Las Vegas, Nevada
  • Las Vegas, Nevada
  • Las Vegas, Nevada
  • Las Vegas, Nevada
  • Las Vegas, Nevada
  • Las Vegas, Nevada
  • Columbia, South Carolina
  • Columbia, South Carolina
  • Charleston, South Carolina
  • Shaw AFB, South Carolina
  • South Carolina
  • Quantico, Virginia

ADR & MEDIATION PROJECTS:

  • Projects/Clients
  • Southern Nevada Water, Nucom
  • COE/Gold Mechanical Savannah River
  • DOE Project
  • CCSD and Various Contractors
  • Texas Department of Justice
  • Cullum Mechanical Construction, Inc.
  • Location
  • Las Vegas, Nevada
  • Akron, South Carolina
  • Las Vegas, Nevada
  • Austin, Texas
  • Charleston, SC