Pennsylvania

1777 Sentry Parkway West
VEVA Building 11, Suite 300
Blue Bell, PA 19422
Tel: +1 267 464 0500
Fax: +1 267 464 0400

Mark Boe, PE, PSP

Principal

Mark Boe is a persuasive expert witness on issues related to project scheduling, delay, and disruption/lost productivity. He has appeared before courts, boards of contract appeal, and alternative dispute resolution panels.

Mark has 40 years of experience in planning, scheduling, design, engineering, construction, and project controls. He specializes in the use of critical path method (CPM) scheduling techniques for the analysis of intricate delay and disruption claims. Mark has evaluated disputes over a wide variety of domestic and overseas construction, including medical facilities, prisons, and aircraft in the U.S., and high-profile projects in Singapore, Moscow, Mumbai, and the Republic of Palau. Mark has assisted countless clients, including government agencies, contractors, private owners, and national law firms. Prior to his consulting work, he spent 10 years managing construction for the U.S. Coast Guard.

An experienced lecturer, Mark has spoken on construction scheduling topics as part of a national series of educational webinars, and has presented at the Construction SuperConference and to the CMAA and other professional organizations.

Education

University of Illinois, M.S., Civil Engineering/Construction Management
U.S. Coast Guard Academy, B.S., Civil Engineering

Licenses/Credentials

Professional Engineer: Pennsylvania, Washington
AACE International, Planning and Scheduling Professional

Professional Affiliations

AACE International
American Bar Association Forum on Construction Law
Construction Management Association of America (CMAA)
Society of American Military Engineers

Select Speaking Engagements

“The Masters Institute in Construction Contracting,” Federal Publications Seminars, La Jolla, CA, May 2019.

“Intellectual Honesty in Claims Analysis,” AACE Northeast Symposium, Philadelphia, PA, March 2019.

“Construction Delay, Acceleration and Inefficiency Claims,” Federal Publications Seminars, Arlington, VA, November 2016.

“Resolving and Avoiding Schedule and Delay Issues,” American Conference Institute, New York, February 2015.

“Construction Delay, Acceleration and Inefficiency Claims,” Federal Publications Seminars, Las Vegas, NV, October 2013.

“Using Your Expert Like an Expert,” Construction SuperConference, San Francisco, CA, December 2012.

“Choosing a Delay Analysis Methodology,” Construction Management Association of America (CMAA) Webinar, May 2009.

“Minimizing Expert Witness Mistakes” and “Deceptive Schedules,” PMI College of Scheduling Conference, May 2009.

“Early Completion Schedules,” CMAA, January 2009.

“Development of a Recovery Schedule,” Construction Management Association of America (CMAA), June 2008.

Select Testimony

Balfour Beatty Construction, LLC v. Library Associates, LLC, No. 2019-CP-10-01108, Court of Common Pleas, Charleston County, South Carolina. (Deposition and Testimony)

Nova Tutor Saliba v. United States, No. 15-885C, U.S. Court of Federal Claims. (Deposition and Testimony)

James Talcott Construction v. United States, No. 14-427C, U.S. Court of Federal Claims. (Testimony)

Bollinger Shipyards Lockport, LLC v. The City of New York, Department of Environmental Protection, No. 650316/2015, Supreme Court of the State of New York County, New York. (Deposition)

Perini-Kiewit-Cashman, Joint Venture v. Montgomery Kone, Inc., and Federal Insurance Company, No. 13-0763-BLS1, Commonwealth of Massachusetts, Superior Court Department of the Trial Court, Suffolk, SS. (Deposition)

Yates DesBuild J.V. v. U.S. Department of State, 3350 Civilian Board of Contract Appeals. (Deposition and Testimony)

Daewoo Engineering and Construction Co., LTD. v. United States, No. 02-1914C, U.S. Court of Federal Claims. (Deposition and Testimony)

Morganti v. United States, No. 97-744C, U.S. Court of Federal Claims. (Deposition and Testimony)

Project Highlights

Compact Roadway, Republic of Palau, Daewoo v. United States – Assessed $63 million in delay and inefficiency claims on behalf of the Army Corps of Engineers. The $88 million roadway project consisted of 53 miles of 24-foot-wide asphalt pavement, earthwork, bridges, drainage, and related requirements. Issues included high rainfall experienced in the tropical climate, soil compaction, and resulting delays and impacts. He conducted a critical path method (CPM) schedule analysis, developed an as-built schedule, and evaluated contractor lost labor productivity damages using measured mile methodology. He evaluated the baseline schedule and updates and prepared a detailed delay analysis of excavation and embankment activities. Mark testified as an expert witness in the U.S. Court of Federal Claims.

Metropolitan Detention Center – Provided an analysis of a termination for default claim for the federal government regarding the construction of the $115 million Federal Metropolitan Detention Center. Specifically, he provided delay analysis, issue studies, and discovery assistance; prepared an expert report concerning key issues; and provided expert testimony in the Court of Federal Claims regarding delays in manufacturing metal cell panels, security windows, and security electronics.

U.S. Coast Guard Deepwater Program – Assisted the contracting, legal, and program teams for the U.S. Coast Guard in evaluating a request for equitable adjustments (REA) and program areas of concern. For the national security cutter project, he reviewed the contractor’s $300 million REA for technical entitlement and quantum, and he established a document database for tracking key program and issue documents. For the 123-foot patrol boat project, he participated in the collection, analysis, and evaluation of government and subpoenaed documents along with electronically sourced information (ESI) records. He prepared issue analysis and findings reports; assisted in the preparation of filings; assisted with preparation and support of depositions; and provided expert technical analysis.