John Livengood is a managing director in the global Construction practice. He has more than 38 years of experience in construction, design, delay analysis and litigation support. Livengood is a registered architect and attorney, with proficiency in architectural design, construction, project management, government contracts, litigation support, mediation, arbitration, and construction litigation.
Livengood has extensive experience in a variety of construction projects including worked on a variety of projects that include, industrial, chemical and petro-chemical facilities, power plants, wastewater treatment plants, roadways, rapid transit facilities, high-power lines, bridges, office buildings, sports stadiums, warehouses, educational institutions, hospitals, correctional facilities, military bases, airfields and air terminals, railroad stations, environmental remediation projects, and microwave communication facilities and as well as residential projects of all sizes. His services have included providing construction cost audits, cost estimation, analysis of change orders, delay and disruption claims, acceleration claims, loss of productivity claims, construction method analysis, and defective design claims.
As an expert witness, Livengood has testified in court and arbitration proceedings provided oral and/or written expert evidence in both the U.S. Federal and state courts, numerous international arbitral forums, and before special administrative panel hearings . throughout the world on delay and productivity issues as well as damages and causation issues.
Livengood is active in the American Association for the Advancement of Cost Engineering (AACE) International and the American Bar Association (ABA) and has published numerous articles in industry magazines. He is one of the principal authors of the AACE Recommended Practice on Forensic Schedule Analysis (2011) and an editor of a forthcoming book published by the ABA on the law of schedule delay.
Selected engagement experiences include:
- Led the expert cost and productivity team that lived and worked on site in Hong Kong developing a $500 million arbitration claim stemming from design defects and interference by other prime contractors. The detailed costs analysis was tied to the productivity and schedule analysis. The claim settled during arbitration.
- Assisted the design-build team in monitoring progress and negotiating claims on a major new Federal office building for such issues as steel price differential, differing site conditions and design changes. The LEED® building was eventually completed in a close working relationship with the GSA.
- Testified on delays associated with the fabrication and erection of the world’s la rgest central bascule lift (mechanical draw-bridge) as part of a 12-lane interstate bridge in a major metropolitan area. Delay and productivity methodology used by the opposing expert, was analyzed and testified to in this arbitration.
- Led a team of schedulers assisting the design-build contractor in developing the three-year schedule to construct a new NFL stadium. Ongoing work included regular schedule updates and assistance in identification and presentation of schedule delays. During construction, schedule and production changes enabled five-month acceleration.
- Prepared delay analysis and testified as the final witness during the 45-day court proceeding. The project was delayed during the course of construction due to defective and incomplete designs. Eventually, the owner terminated the contractor for convenience, but alleged thousands of construction defects and approximately six months of delay.
- Engaged to analyze delays a nd costs overruns on the the largest, most complex and technologically challenging highway project ever attempted in American history. Mr. Livengood led a team that evaluated the performance of the Instrumentation and Controls contractor on the largest single contract on the project (“smart highway”). Mr. Livengood assisted the owner during the protracted mediation process that eventually achieved an agreed upon settlement.
- Led a team of experts documenting cost and schedule impacts on a $1 billion dollar automated light rail project in a major metropolitan area. The project involved the construction of an aerial line down the center of a major highway as well as six separate stops connecting two subway lines to the airport. As the project neared substantial completion, a rail accident occurred, causing a major safety evaluation delaying completion for more than a year. Mr. Livengood led a team of ten that evaluated schedule delay, productivity and cos t overruns associated with the delay and other events.