DISPUTE RESOLUTION

EXPERIENCE

The Frisby Group, a construction consulting firm, has been involved successfully in the following projects:

WESTERN UNITED STATES

•  Waste Water Treatment Facility, Las Vegas, NV

•  Library, Las Vegas, NV

•  Central Arizona Project (CAP), Phoenix, AZ

•  Small Energy Plant, Imperial Valley, CA

•  Sludge Incinerator, CA

•  Barracks, Anchorage, Alaska

•  Hospital, San Francisco, CA

CENTRAL UNITED STATES

•  Siemens Plant, Chicago, IL

•  Registry Hotel, Dallas, TX

•  Ambulatory Care Center, Galveston, TX

•  TDCJ Hospital, Galveston, TX

•  Groves Hospital, Galveston, TX

•  Barracks, Ft. Riley, KS

•  Tank Training Grounds, Ft. Riley, KS

•  C-5A Hangar, Altus AFB, Oklahoma

•  GM Truck Assembly, Oklahoma City

EASTERN UNITED STATES

•  Mass Transit, Washington, D.C.

•  Barracks, Meridian, Mississippi

•  $1 Billion Pump Storage Project, Bad Creek, SC

•  Upgrade Fossil Power Plant, Solvay, NY

•  Hospitals, Charlotte, NC

•  Hospital, Newberry, SC

•  Hospitals, Greenville, SC

•  Roche Plant, Florence, SC

•  Hangar, Jacksonville, NC

•  Arena, Columbia, SC

•  Sewer Line, Hollywood, SC

PACIFIC

•  Aloha Stadium, Honolulu, HI

•  Keehi Interchange, Hawaii

•  Reef Runway, Hawaii

•  Sewer Lines, Maui

•  International Airport, Guam

•  Infrastructure Project, Guam

•  Runways, Hong Kong

•  Multi-family - Singapore

•  Nerve Gas Destruction Center, Johnson Atoll, P.I.

•  Infrastructure Projects, Grand Cayman

In addition, Thomas Frisby , the principal of The Frisby Group, has been a Mediator in numerous construction conflicts on both privately owned projects and governmental agencies as well as a member of Dispute Resolution Boards (DRB's), such as for the Department of Criminal Justice, Texas.

THE FRISBY APPROACH

The Frisby Approach is actually threefold:

•  Institute procedures to PREVENT disputes to the maximum degree. In many litigations, there are no winners but only varying degrees of losers.

•  When a dispute does exist, take control of it early BEFORE significant costs are incurred, while there still exist “trade off” decisions that can mitigate damages. At this point and all the way through any dispute process, attack ISSUES and not people.

•  If the dispute cannot be worked out expediently, the line of action is to PREPARE and PERFORM EVERYTHING PROPERLY!

The contractor may have a good claim, but it may go “down the drain” due to poor workmanship, failure to properly update the schedule and/or maintain documentation of losses being experienced. The owner may have good defense but has a history of dilatory decision-making. (If both parties really commit to improve their individual performance, the result is generally that they will resolve their differences on their own, or at least reduce the magnitude of the conflict.)

In each of the three situations, THE FRISBY GROUP is involved to provide guidance targeted at a timely, objective and cost effective resolution. Where necessary Tom Frisby is qualified as an expert witness.

QUALIFICATIONS:

•  Tom Frisby, the principal of THE FRISBY GROUP, has legal, engineering, financial & construction education and experience. (Please reference Tom's Curriculum Vitae.) He has performed work both Nationally and Internationally.

•  Experts in construction scheduling and impact analysis assist Tom.

FEE SCHEDULE

•  The fee schedule for Tom Frisbys' services is $175 per hour,, in addition to actual expenses. However, on most claims a budget estimate is preferred and a billing schedule is developed based upon milestones. Payment is then based upon achievement of the milestones, not just the incurrence of hours. There will be a “deliverable” as a condition of payment.

•  Scheduling principals are charged at $55 to $125 per hour in addition to actual expenses.

•  Administrative Assistants are $50 per hour.

PRELIMINARY INTERVIEW

•  On the first interview, there is no charge. Tom Frisby will review key documents involved in the dispute (contracts, schedules, key correspondence, etc.) and discuss the issues. However, he will develop from the documentation review an independent impression of the issues prior to having extensive interviews with personnel in a dispute or claim to avoid forming a premature bias or conclusions. He will then develop an outline of the steps he believes will be required to assist the client, prepare a budget for the client to facilitate a cost effective solution, and also develop a tentative schedule for completing each activity.

EXECUTION

•  To illustrate, in an “impact” or delay damages dispute, the following steps are often Involved:

•  Contract Analysis

•  Document Organization by Issue

•  Issue Analysis

•  Schedule Analysis

•  Planned

•  Monthly update showing as-built conditions

•  Cost Analysis

•  Interview

•  Coordination with clients attorney

•  Presentations will be scheduled at interim steps so the client may review progress along the way. Billings are based on production of work products.

•  Honest and objective evaluations are provided early—if we believe the claim is not justified, we say so early before the client has spent a bundle only to be told he doesn't have a claim.

•  Tom Frisby will participate in negotiations.

If necessary, he will assist the clients counsel in litigation proceedings.