Connect with construction-expert Paul Gogulski on LinkedIn
Check out this open letter from Mr. Paul Gogulski. Please connect with him on his LinkedIn page, which can be very valuable if in a construction litigation jam. Below is Mr. Gogulski’s experience as a construction consulting expert, which include expert witness testimony.
I’ve been in the construction business since 1960 when hired by Bechtel’s Planning and Scheduling Department in San Francisco. After a 38-year career with general contractors, owners, architect-engineers, developers and public agencies, I formed my own consulting company dealing in forensic engineering and litigation support. What I’ve found is that the trend for litigation is increasing, and clients do not enjoy a long and expensive claims process. Nobody says: “I would like my son to grow up to be a construction expert witness.” Nevertheless, that is the business I am in, and I love it.
Working with attorneys on construction litigation cases throughout the country, I have learned the ins and outs of Vince Lombardi’s famous rule: “Winning isn’t everything; it’s the only thing.” This well-known quotation regarding “winning” encapsulates what is purportedly wrong with competitive sports. It is my opinion that the same holds true for the construction claims process in the construction industry.
For example, as an expert witness for a subcontractor on the Venetian Casino Resort in Las Vegas, my client’s original bid was $4 million. I was hired when the subcontractor’s cost was $8 million. By attending foremen meetings, observing field conditions, examining records, and talking to management, I found that my client had badly underbid this design-build contract. I also found excessive errors and inefficiencies in their daily operations. Their claim omits these facts. Final cost was $12 million.
Once “situational ethics” prevails over intellectual integrity, a line is crossed which is easy to justify in a culture where “winning is the only thing.” I have witnessed this occurrence.
If you concur, and feel as I do, then I would appreciate hearing from you. My firm has developed a unique way to reduce the cost of claims, and eliminate abuse from “situational ethics.”
GOGULSKI & ASSOCIATES, INC.
Post by Paul Gogulski
, P.E. (843) 470-0459