Speakers

Kathy Barnes’s practice focuses on domestic and international construction contracting and federal government contracts. Kathy counsels and advises contractors, design engineering firms, construction managers and owners in all phases of industrial, power, civil, transportation and commercial construction in the United States and overseas. For more than 20 years, Kathy has represented clients at every stage of complex construction dispute resolution including claim preparation, negotiation and other informal ADR procedures, mediation, arbitration and litigation in both federal and state courts. As an experienced construction litigator, Kathy also has represented clients in multi-party and other complex disputes in both international and domestic arbitrations before the American Arbitration Association, JAMS and the International Chamber of Commerce.

Kathy has an active government contracts practice and counsels contractors and design engineers on a broad range of issues involved in government contract administration and compliance. She also has extensive experience litigating bid protests and government contract claims, having successfully represented her clients with claims involving research and development, information technology procurements and contracts for military and other applications. Kathy also is highly skilled in litigating and managing contractor claims for equitable adjustment and government claims of defective design and construction, false claims act violations and violation of cost accounting standards before state and federal Boards of Contract Appeals and the Court of Federal Claims.

Kathy also has a successful practice defending clients in multi-million dollar business torts actions in state and federal court, including claims of unfair competition, misappropriation of trade secrets, intentional interference with contracts and business relations and fraud.

Dr. Gary Brierley has more than 48 years of experience with both the technical and nontechnical aspects of underground engineering and construction management. From the technical perspective, Brierley began his career with the bachelor of science degree in engineering from Tufts University in 1968 and master’s and doctor’s degrees from the University of Illinois in 1970 and 1975, respectively. Beginning as a project manager in 1970, Brierley has worked on literally hundreds of projects involving all types of underground design and construction including soil and rock engineering, building foundations, braced excavations, ground improvement and slope stability. Beginning in the 1970s, Brierley concentrated on the design and construction of underground projects by managing the instrumentation program for Dupont Circle Subway Station in Washington, D.C. This assignment formed the basis for his doctoral dissertation which addressed the structural performance of large, shallow underground openings in rock. Since that time, he has worked on more than 500 major soil and rock tunneling projects involving design, construction management and consultation for owners, contractors, engineers, public agencies and attorneys.

David Corkum is a Principal for McMillen Jacobs Associates with more than 35 years of experience in the heavy civil and underground construction industry, specializing in geology and geotechnical engineering. He has provided his construction and management expertise on some the country’s largest and most important energy and infrastructure projects. Corkum is based in Washington DC and is part of the DC Clean Rivers project team, where he oversees the design and construction activities.

Adam Davey has 28 years of specific construction insurance experience in the London market  - the last 12 years of which with Marsh London. Davey leads the Marsh Infrastructure team in London, which specializes in advice, design and placement for major tunnel, road, rail, bridge and port civil infrastructure and PPP/PFI projects in Europe, the United States, Australia, Asia and the Middle East. He is also responsible for the design and placement of annual and multi-year facilities for both owners and contractors within Marsh London. His team acts in the capacity of Insurance Advisor, servicing and managing complex mutli-class insurance programs.

Don Del Nero is a Vice President with Stantec Consulting Services Inc. and the Global Tunneling and Trenchless Practice Leader. He has 28 years of experience including over 50 miles of underground projects. He is also on the Board of Directors for the North American Society for Trenchless Technology, has authored over 40 articles on strategic issues relating to the tunnel industry, and frequently participates in industry forums and on industry panels including the recent panel on improving design documents at the 2017 No Dig Show. Del Nero also has the privilege of the recent appointment as the 2018 No Dig Show Program Chair.

Rob Dill is an associate vice president with AECOM specializing in tunneling, trenchless technology and geotechnical engineering. He has 38 years of professional experience, with broad expertise in underground aspects of water/wastewater conveyance, utility and transportation projects. He has worked on major tunnel projects in Boston, Providence, Hartford, Indianapolis, Detroit, Miami, Cleveland and Victoria, B.C. Dill also has experience in design-build project delivery and has served in active leadership roles within the Design-Build Institute of America. Dill holds a bachelor’s degree from the Massachusetts Institute of Technology and a Master of Engineering degree from the University of California-Berkeley.  He is a registered Professional Engineer in Connecticut, New York, Alabama, Rhode Island and Vermont.

Michael A DiPonio, PE Executive Vice President Jay Dee Contractors, Inc. Michael DiPonio has over 38years of Tunnel Construction experience; primarily in one-pass soft ground tunneling projects. He has managed and/or assisted tunnel construction projects in Texas, Michigan, Ohio, Wisconsin, Illinois, Indiana, Pennsylvania, South Carolina, Missouri, the District of Columbia, California, and Washington. He has expertise in Earth Pressure Balance tunneling systems and long distance pipe jacking.

Michael has a BSCE from Michigan Technological University and a MBA from the University of Detroit.

Mr. DiPonio has published several papers on various aspects of soft ground tunnel construction.

Randy Essex is Executive Vice President and Director of Professional Excellence and Practices for Mott MacDonald in North America. He has 38 years of tunnel engineering experience and earned two master’s degrees from the University of California-Berkeley.  He has provided geotechnical, design and construction engineering services for more than 170 tunnel projects across North America and overseas.  An author of more than 45 publications, book chapters and articles, he led the development of ASCE’s “Gold Book” publication “Geotechnical Baseline Reports for Construction.”  Essex is a past Chairman of Underground Technology Research Council and is the U.S. Representative to the International Tunneling Association. Essex is a recipient of the prestigious Golden Beaver Award for Engineering.

Barry J. Fleishman is a Principal of SLS and focuses his practice on complex policyholder insurance coverage issues. His insurance coverage experience includes representation before federal and state courts, arbitral tribunals, and judicial and private mediators, focusing on corporate policyholder claims for insurance coverage arising out of liability and loss from property damage, bodily injury, personal injury, and alleged wrongful acts of directors and officers. Fleishman has represented major corporations seeking insurance coverage with respect to liabilities and losses incurred as the result of catastrophic property damage, defective or misused products, environmental damage, alleged discrimination, and directors’ and officers’ activities in cases involving natural disasters, including major hurricane and cyclone-related losses, fires and explosions, mold and moisture, and alleged corporate wrongful acts.

Fleishman was recognized in The Best Lawyers in America for Insurance Law in 2017 and the seven years immediately preceding. He has also been recognized for the past seven years as a Washington, D.C. "Super Lawyer" in the area of Insurance Coverage and a “Top 100 Lawyer” in Washington, D.C. from 2011-2016, as selected by Super Lawyers magazine. In 2011, Fleishman was recommended in the area of Insurance by Legal 500 US and recognized by Legal Media in its 2013 and 2014 Guide to the World's Leading Insurance and Reinsurance Lawyers. He was listed in the International Who's Who of Business Lawyers in 2014 for Insurance and was listed in the International Who’s Who of Reinsurance and Insurance Lawyers for 2013, 2015 and 2016.

Ian Frank is a partner and Chair of Frantz Ward LLP’s Construction Practice Group and dedicates his entire practice to all facets of construction and surety law. He counsels contractors, subcontractors, specialty trades, material and equipment manufacturers, design professionals and other project participants in managing, resolving and litigating complex commercial construction disputes, as well as negotiating contracts utilizing a vast array of project delivery methods. Frank has extensive experience with change management, delay and disruption claims, differing or changed conditions claims, bond and lien claims, default and termination issues, and bid disputes. He frequently represents clients in road and bridge construction, heavy civil/tunneling projects, earthwork and utility construction, structural steel fabrication and erection, and all aspects of commercial building construction. Frank is recognized in the area of construction by the prestigious Chambers USA: America’s Guide to Leading Lawyers in Business. He is named to the Ohio Super Lawyers list and The Best Lawyers in America in the area of construction. He is also peer-review rated AV Preeminent, the highest ranking, by Martindale-Hubbell. Frank served on the Board of Directors of The Robbins Company, a leading global manufacturer of tunneling and other specialized underground equipment, from 2005 to 2016 and currently serves as the Chair of Division 9 (Subcontractors and Suppliers) of the American Bar Association’s Forum on Construction Law.

Dr. Vojtech Gall holds a Ph.D. degree in civil engineering from the University of Maryland, an M.Sc. in mining engineering from the University of Alabama and an M.Sc. in civil engineering from the Technical University (RWTH) Aachen, Germany. He has more than 28 years of experience in the design, construction and construction management of tunnels and underground structures. His expertise encompasses soft ground, mixed-face and rock tunneling for transit structures in urban settings utilizing TBM, conventional tunneling (SEM/NATM) and cut-and-cover techniques. He frequently serves on expert review panels dedicated to the investigation and improvement of tunneling schemes ranging from initial inception stages through final design development at bid document level.

Mark Gensic is responsible for the administration and oversight of the City of Fort Wayne utilities engineering treatment plant and large pump stations, capital project planning and design, and
construction contract services. Duties include leading a team of engineers and project managers, as well as various professional engineering consultants working on components of City Utilities’ capital  improvement program. The program consists of water and water pollution control plant renovation, equipment replacement, process, and capacity improvements.

Responsibilities also include master planning, instrumentation & control, construction contracting documents and forms, and mentoring of engineering staff.

Robert Goodfellow is a Senior Vice President for Aldea Services LLC. He is a licensed professional engineer in over a dozen US states. Goodfellow has over 25 years of experience in the tunneling industry and he currently serves on the Executive Committee for the Underground Construction Association (UCA of SME) where he is currently the Vice Chair. He is co-author of the U.S. tunnel industry guidelines for risk management on tunnel projects.

Randy Hafer is the leader of Kilpatrick Townsend’s Construction and Infrastructure Projects Team.  The Team was named the Chambers USA national Construction Team of the Year in both 2015 and 2016.  Mr. Hafer has worked extensively and continuously on tunnel/underground projects for the past 27 years, starting with the Milwaukee Deep Tunnel and Pollution Abatement Project and including the Boston Harbor Project, the Big Dig, hydro power tunnels, and a number of major CSO tunnel projects.  He has represented EPC contractors, but most of his experience has been representing public owners from project inception through project completion.  He has advised public owners on risk allocation and contract drafting for a number of major underground projects.  As a result of that experience, Mr. Hafer has a complete and thorough understanding of underground construction contracting practices, the issues that can cause claims and disputes, and the issues that most concern the contractor and the owner on a tunnel/underground job. He knows how to get disputes resolved and keep a job moving.  He is a fellow of the American College of Construction Lawyers, and prior co-chair of the College’s Alternative Disputes Resolution Committee. He is also a member of the International Institute for Conflict Prevention and Resolution (CPR) Construction Advisory Committee.   Mr. Hafer is the primary author of CPR’s user’s guide to DRB’s, which can be found on the CPR website under the construction industry materials.  He has also written and made presentations on design build and risk management in underground construction to various industry groups and organizations.

David J. Hatem is a partner in the Boston-based law firm Donovan Hatem LLP. Nationally recognized for his expertise in representing engineers, architects and construction management professionals, Hatem leads the firm’s Professional Practices Group which serves design professionals. Hatem has been practicing law for approximately 40 years and has served as ACEC/MA Counsel since 1988. In recognition of his extraordinary career dedicated to the engineering sector, Hatem received the Engineering Center Education Trust 2016 “Leadership in Professional Practice Legal Services” award and the 2008 ACEC Distinguished Service Award. Hatem teaches Legal Aspects of Engineering at Tufts University and Legal Aspects of Civil Engineering at Northeastern University Graduate School of Engineering. He has authored and edited numerous articles and publications in his field of expertise, including the second edition of Public-Private Partnerships and Design-Build: Opportunities and Risks for Consulting Engineers, Subsurface Conditions: Risk Management for Design and Construction Management Professionals, Design-Build Subsurface Projects, and Megaprojects: Challenges and Recommended Practices.

Jordan Hoover is a Project Manager for Barnard’s Underground Group. In this role, he is responsible for quality control, purchasing, scheduling, manpower and equipment management, subcontract and main contract oversight. Jordan joined Barnard immediately after earning a B.S. in Construction Management from North Dakota State University in 2005. He entered into project management on an EPB TBM sewer tunnel project in California and went on to manage a challenging drill and blast tunneling project at Lake Mead for the Southern Nevada Water Authority (SNWA). Currently, he is managing the $440 million Lake Mead Intake No. 3 Low Lake Level Pumping Station Project for SNWA. After participating in pre-construction services contract, his team is now constructing a new underground facility and aboveground pumping station that will provide water from Lake Mead to consumers in the Las Vegas area.

As AECOM Vice President and Director of Tunneling for the Americas, Steven Kramer, PE, FASCE, oversees the growth and development of the tunneling and trenchless practice in transportation, water and energy across the Americas. Kramer has 30 years of experience in engineering firms serving the infrastructure industry. He is recognized as a leader in the underground and trenchless industry. Kramer led the design, management and construction of over 50 underground projects ranging in construction values up to $775 million.

A frequent speaker and active participant at industry conferences and in technical societies, Kramer has published more than 90 technical and management papers. He holds two B.S. degrees from Washington University in St. Louis – one in Civil Engineering and the second in Engineering and Public Policy and a master’s in Management from Northwestern University in Evanston, Illinois.

Mike Kolenich began at The Robbins Company in 2002, after graduating with a B.S. in Mechanical Engineering from Cleveland State University-Fenn College. With over 15 years of experience in tunnels around the world, Mike has overseen 17 TBM projects with Robbins, including the Niagara Tunnel Project in Canada, Pahang Selangor Water Transfer Tunnel in Malaysia and East Side Access Tunnel in New York City, USA.  He earned his Project Management Professional (PMP) certification in 2011 and currently serves as the Supply Chain Director for Robbins.

Dr. Allen Marr, Founder and CEO of Geocomp, has over 40 years of specialized expertise in design and construction of large earthwork facilities, value engineering for earthworks and earth retention systems, risk management for underground construction, and instrumentation and real-time monitoring systems.    He has spent his entire professional career focused on incorporating the benefits of applied research in geo-engineering into civil engineering practice.

Dr. Marr holds a Bachelor of Science degree in Civil Engineering from the University of California at Davis as well as a MS and PhD in Civil Engineering from the Massachusetts Institute of Technology.  He is an elected member of the National Academy of Engineering (NAE) which recognizes outstanding engineers for their dedication to their discipline as well as for their development of an engineering invention or process that has greatly improved humanity and a member of The Moles.

Erika Moonin, P.E., D.WRE, is a licensed professional engineer in the state of Nevada and California. She graduated from the University of Nevada-Las Vegas in 1994 with a bachelor of science degree in Civil Engineering. After graduating, Moonin started her career working for a few years at an engineering consulting firm and now has gained more than 20 years of working experience for the Las Vegas Valley Water District (LVVWD) and the Southern Nevada Water Authority (SNWA).

She is currently an engineering project manager for the SNWA and is responsible for managing the planning, design and construction of the Lake Mead Intake No. 3 projects totaling more than $1.4 billion, thus ensuring a safe and reliable water supply for the greater Las Vegas community into the future.

Nasri Munfah brings more than 30 years of unparalleled project management experience in transportation, transit and underground engineering. He has been responsible for managing all phases of multi-billion-dollar multidisciplinary domestic and international tunneling and underground projects. He is a principal investigator and a co-author of the Federal Highway Administration Technical Manual for Design and Construction of Road Tunnels —Civil Elements, the first comprehensive manual for tunnel design in the United States. Munfah is also an adjunct professor in Columbia University’s Civil Engineering Department.

Joe O’Carroll is a recognized leader in risk management for the water, wastewater, transit and highway tunnel infrastructure construction projects in the United States, regularly supporting Agencies in risk assessments, risk analyses and the development of risk and contingency management plans.  Mr. O’Carroll has over 30 years of diverse global experience in the design, construction, risk management, and risk assessments of bored, cut-and-cover, and NATM tunnels. He has led and participated in a wide range of feasibility, technical, constructability, and value engineering reviews for large, complex tunnel projects. He has developed and performed capital cost and schedule risk assessments and quantitative risk analysis for agencies and authorities with new and existing underground infrastructure assets. Mr. O’Carroll is the co-author of the UCA “Guidelines for Improved Risk Management of Tunneling and Underground Construction in the United States of America”.

Adrian Pellen serves as a senior liaison to clients pursuing large and complex construction and infrastructure projects. In his role, Pellen is responsible for overseeing sales, strategy and tactical execution in connection with Marsh’s risk and insurance advisory and placement services for clients pursuing new infrastructure projects across North America. Pellen has delivered a number of speaking engagements on the topics of Infrastructure, Public Private Partnerships as well as Environmental Risk. Pellen was also named as Power Broker in 2013, 2014 and 2016 by Risk and Insurance.  Pellen holds a B.A. in Economics from Concordia Unversity (Montreal) and an M.Sc in Environmental Assessment from McGill University and is pursuing his MBA at the University of Chicago Booth School of Business (2018).

Constantin Poindexter is CEO and president of Surety One Inc., a bond underwriter, international insurance brokerage and surety-focused managing general agency licensed in all 50 states, Puerto Rico, U.S. Virgin Islands, Canada and Dominican Republic.

Mr. Ray has over 30 years of experience in positions of increasing responsibility in the water and wastewater municipal sector and as an engineering consultant. He has extensive experience in the areas of program management, regulatory affairs, program financing and public outreach. He also has experience in design and environmental engineering. Carlton has held key roles on some of the largest combined sewer overflow control programs in the country. As Director of the $2.6 billion DC Clean Rivers Project, Carlton provides overall program leadership and direction and is responsible for the success of the program. This encompasses all major aspects of program implementation including preliminary design, environmental compliance, public outreach, cost and schedule management, program quality assurance, construction management oversight, permitting, Consent Decree compliance reporting and Green Infrastructures projects. Prior to his current position as Director of the DC Clean Rivers project, he successfully led a similar $1.8B CSO control program for the City of Indianapolis.

John Reilly has over 50 years of experience in the United States, Australia, Canada, United Kingdom, Europe and the Middle East in management, design and construction of complex infrastructure and underground projects. He is a graduate of the University of Sydney and the University of California-Berkeley. He has been President of the American Underground Construction Association and Chair of two International Tunneling Association committees. He consults in management of design and construction, technical reviews, contracting methods, risk management and risk-based cost estimating. He has authored over 80 papers in these areas and has chaired expert panels for complex projects including metro systems, tunnels, highways and bridges. He has served on several National Academy Panels and was Secretary to the Board of Consultants for the Washington Metro system, advising on all tunnels and underground structures.

Tom Rosenberg focuses his practice on construction law and civil litigation, and leads Roetzel’s Construction Law practice, which has been recognized by US News & World Report as one of the best law firms nationally and/or regionally for construction and construction litigation from 2012 to 2016. Rosenberg has been honored by Chambers USA as a leading construction lawyer in the State of Ohio since it began ranking U.S. lawyers and law firms in 2003. He has been selected as an “Ohio Super Lawyer” by Ohio Super Lawyers Magazine for the past 12 years. He is listed in “The Best Lawyers in America” for the specialty of construction law and has been recognized in International Who’s Who in Construction Law for his international construction law experience.

Mr. Rosenberg is an Arbitrator with the American Arbitration Association, current Chair-Elect of the American Bar Association, Forum on Construction Law, Former Chairperson of the Lawyers Group of the Builders Exchange of Central Ohio, former Chairperson of the Construction Law Committee of the Columbus (Bar) Association, a member of the Construction Law Committee of the Ohio State Bar Association, and a Fellow in the American College of Construction Lawyers.  He has served as an Arbitrator and Mediator in construction disputes on projects of all sizes.

Heiner Sander joined HNTB Corp. as Vice President and Tunnel Practice Leader, East. He is based in the firm’s Arlington, Va., office and provides tunnel project management, design and construction management. Previously, Sander led business development, management and operation of an international tunneling firm in the United States.
Sander has more than 30 years of experience in project management, design and construction management of tunneling and underground engineering projects under design-bid-build and design-build delivery methods.

Philip Sander is a recognized expert in cost and risk management. He has over 10 years consulting experience for infrastructure projects in Europe and North and South America. Sander’s professional activities as Managing Director at RiskConsult and SSP BauConsult have focused for many years on the successful management of large-scale construction projects. He supports owners and contractors in the areas of cost and risk management, construction and organization processes, and software development. Sander studied civil engineering at the Technical University of Dresden (MSc) and received his PhD at the University of Innsbruck (Probabilistic Risk Analysis for Construction Projects). He started his professional career at Grinaker LTA in South Africa. After gaining experience at Hochtief in Essen, Germany, and at CPM in Stuttgart, Germany, he moved to Tyrol, Austria, in 2006 to join the team of SSP BauConsult and RiskConsult.

Lynn M. Schubert is president of The Surety & Fidelity Association of America (SFAA), a trade association of more than 400 member companies that collectively write the majority of surety and fidelity bonds in the United States. SFAA is licensed as a rating or advisory organization in all states and has been designated by state insurance departments as a statistical agent for the reporting of fidelity and surety experience SFAA represents its member companies in matters of common interest before various federal, state and local government agencies. Schubert also is a member of the executive committee of the International Surety Association, headquartered in Amsterdam, a confederation of associations from around the world specializing in surety bonds.

Prior to joining the SFAA, Schubert was counsel in the Law and Regulatory Affairs Department of Aetna Life and Casualty Company with responsibility for all legislative and regulatory developments in the Mid-Atlantic and Southeast Regions for all property/casualty and life insurance and annuity issues, and nationwide for fidelity and surety issues. Previously Schubert was corporate secretary and assistant general counsel with the American Insurance Association (AIA) in Washington, D.C., in charge of the issues of fidelity and surety bonds and insurance access and availability ("redlining"), and all coordination with the National Association of Insurance Commissioners. Prior to joining the AIA, Schubert was a partner with an Atlanta law firm specializing in fidelity and surety law, and a supervising bond claims attorney for the Continental Insurance Companies. She received her undergraduate degree magna cum laude in Business Administration from East Carolina University in 1977 and her law degree from the University of Notre Dame in 1980. She is admitted to the bar in Georgia and the District of Columbia.

Mike Schultz is a geotechnical engineer and senior vice president with CDM Smith. In his role as technical strategy leader, Schultz provides senior level oversight and consulting, senior technical reviews and direction on complex efforts for the design and construction of tunnels and underground structures. He provides assistance on the development of risk registers and risk mitigation, technical aspects of contracting and contract strategies, and dispute and claims resolution for DSCs involving deep excavation support systems, deep shafts and pump stations, tunnels, soil improvement systems including jet grouting, ground freezing and other ground improvement techniques. A registered engineer in more than a dozen states and the District of Columbia, Schultz is a graduate of Worcester Polytechnic Institute (WPI) and the Massachusetts Institute of Technology (MIT).

Dr. Moussa Wone, Ph.D., P.E., DBIA, is the Design Manager for DC Water’s $2.7 Billion Combined Sewer Overflow (CSO) Long-Term Control Plan (LTCP) known as DC Clean Rivers Project (DCCR). He is a graduate from Ecole Nationale des Ponts et Chaussees (Paris, France). He is a licensed Professional Engineer (PE) and Design-Build Professional with more than 26 years of experience. He is experienced in the analysis and design of cut-and-cover, NATM and TBM-driven tunnels under different soil and rock conditions.

His knowledge of this broad range of construction techniques and his extensive design experience provide the basis for his experience in planning and risk management of underground structures. His experience includes project in both USA and Europe.