Pennsylvania

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

Michael F. D’Onofrio, PE

Principal

Mike D’Onofrio is a founding shareholder of CPMI and a recognized authority in the analysis and resolution of the most challenging construction disputes. His technical knowledge makes him a highly sought-after expert witness who has provided testimony before federal and lower courts, boards of contract appeal, and alternative dispute resolution panels.

Mike’s 40 years of experience includes engineering, project management, and project controls. He specializes in the use of critical path method (CPM) scheduling, productivity/inefficiency, and learning-curve theories, and the line-of-balance technique. He has evaluated construction disputes that run the gamut—from delay, disruption and termination to differing site conditions and suspension—on a vast array of complex projects in the United States and abroad. Mike frequently offers his expertise on high-profile projects, including the Daewoo 53-mile roadway construction in the Republic of Palau. Other clients include national law firms, private owners, design professionals, and contractors.

Mike is the co-author of Avoiding & Resolving Construction Claims, published by R.S. Means Company, and the author of numerous technical papers and chapters. He lectures at seminars and professional conferences and has been engaged in the professional debate over the AACE International Recommended Practice for Forensic Schedule Analysis. In addition, Mike recently explored the method of location-based scheduling as it pertains to his experience with scheduling and delay analysis.

Education

Drexel University, M.S., Engineering Management
Drexel University, B.S., Civil Engineering

Licenses/Credentials

Professional Engineer: New Jersey, New York, Pennsylvania, Virginia

Professional Affiliations

AACE International
American Bar Association Forum on Construction Law
American Society of Civil Engineers
Construction Management Association of America
Project Management College of Scheduling, Fellow
Project Management Institute, Scheduling Community of Practice

Select Publications

Chronological

Kovars, Joseph C., and Michael F. D’Onofrio. Chap. 3, “Scheduling, Delays and Coordination.” In Construction Subcontracting, by Aaron P. Silberman, Joseph C. Kovars, and Tracy L. Steedman, 43-65. Chicago: American Bar Association, 2014.

“Location Based Scheduling,” ABA Forum on the Construction Industry, April 2013.

“A Comparison of Location-Based Scheduling With the Traditional Critical Path Method,” co-author, American College of Construction Lawyers, February 2012.

“AACE Recommended Practice for Forensic Schedule Analysis,” co-author, ABA Forum on the Construction Industry, April 2010.

“Litigating Delay & Disruption Claims: Proof of Delay and Inefficiency,” Mealey’s Construction Litigation Conference, May 2008.

“Dealing With Mid-Course Adjustments in Project Planning and Scheduling and Resultant Claims,” co-author, ABA Forum on the Construction Industry, October 2007.

Select Speaking Engagements

“Hot Tubbing (a/k/a Concurrent Testimony) Expert Witnesses – a Role Play,” Florida Construction Law Institute, Webinar, November 13, 2020.

“What is a Time Impact Analysis?” Project Management College of Scheduling Conference, Philadelphia, PA, April 9, 2019.

“Intellectual Honesty in Delay Claims,” Project Management College of Scheduling Conference, Vancouver, British Columbia, May 9, 2018.

“Developing a Model Scheduling Specification,” Project Management College of Scheduling Conference, Vancouver, British Columbia, May 7, 2018.

“Dueling Delay Experts, Schedule Delay Analysis Methodologies,” Florida Construction Law Institute, Orlando, FL, March 9, 2018.

“Construction Schedule Delays,” Federal Publications Seminars, Las Vegas, NV, April 5-6, 2016.

“The Art of Hot Tubbing,” Florida Construction Law Institute, Orlando, FL, March 12, 2016.

“Construction Schedule Delays,” Federal Publications Seminars, Arlington, VA, November 17-18, 2015.

“How to Effectively and Efficiently Plan and Prosecute Litigation and Arbitration,” Construction SuperConference, Las Vegas, NV, December 2014.

“Construction Schedule Delays,” Federal Publications Seminars, Arlington, VA, November 12-13, 2014.

“New Procurement and Project Management Technologies,” ABA Forum on the Construction Industry, Annual Meeting, Surfing the Next Wave, Dana Point, CA, April 25, 2013.

“A Comparison of Location-Based Scheduling With the Traditional Critical Path Method,” 23rd Annual Conference of the American College of Construction Lawyers, Laguna Beach, CA, February 24, 2012.

Select Testimony

Maintenance Enterprises, LLC, v. Orascom E&C USA, Inc., and Iowa Fertilizer Company, LLC No. 3:16-cv-00014-SMR-CFB, U.S. District Court Southern District of Iowa Davenport Division. (Jury Trial Testimony)

Maintenance Enterprises, LLC v. Orascom E&C USA, Inc., No. 22099/ZF, International Court of Arbitration, International Chamber of Commerce. (Testimony)

Vigor Works, LLC v. White Skanska, JV, No. 1684-CV-02146, Commonwealth of Massachusetts, Suffolk County Superior Court. (Testimony)

Utility Line Services, Inc. v. PVR Marcellus Gas Gathering LLC, No. 12-4322, Commonwealth of PA, Delaware County Court of Common Pleas. (Jury Trial Testimony)

Consolidated Contractors International Company S.A.L. and Orascom Construction Industries S.A.E. v. Golden Pyramids Plaza S.A.E., Cairo Regional Centre for International Commercial Arbitration. (Testimony)

W.J. O’Neil Company v. Barton Malow Company, et al, American Arbitration Association, Ann Arbor, MI. (Testimony)

Larry C. McCrae, Inc./Fischbach & Moore Electric. Inc., a Joint Venture v. Turner/Keating Joint Venture in association with the McKissack Group, Inc., American Arbitration Association, Philadelphia, PA. (Testimony)

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

Project Highlights

Fertilizer Production Facility — Evaluated delays and cost overruns on behalf of a mechanical subcontractor associated with the construction of a greenfield nitrogen fertilizer plant. The subcontractor entered into a contract to perform work on the Upstream Ammonia plant and was also issued a limited notice to proceed with work on the Downstream Urea plant on a time and materials (T&M) basis. Issues evaluated include delays associated with equipment delivery, refractory installation, material requisitions, rework, changes in budgeted and forecasted manpower, contract performance metrics, and changes to project scope. Prepared schedule analysis and multiple exhibited expert reports, and provided expert testimony, in both the ICC International Court of Arbitration for the Upstream plant and in federal district court for the Downstream plant. The subcontractor received a favorable award at an ICC arbitration for its claims regarding its contract work on the Upstream plant. For its T&M work on the Downstream plant, a jury awarded the mechanical subcontractor $62.4 million.

Vertical Lift Bridge — Evaluated delays and impacts on a $245 million design-build contract for a new vertical lift bridge on behalf of a steel fabricator. The structure consists of the main span supported by lift towers at either end of it. Each lift tower supports machinery rooms that house the mechanical equipment used to lift the bridge, including motors, gears, pinions, and the counterweight sheaves. Analyzed issues involving late issuance of drawings, design changes and material and equipment deliveries. Evaluated schedule updates and prepared a detailed schedule delay analysis. Also analyzed the design-build contractor’s counterclaims. Prepared an expert report to present findings and provided expert testimony at trial.

Surgery and Emergency Services Pavilion — Evaluated delay claims on behalf of design professional on a $360 million new Surgery and Emergency Services Pavilion. Prepared a detailed schedule analysis to analyze a 20-month delay during design and construction. Evaluated technical issues associated with ten-month delay in review and backcheck periods for California Office of Statewide Health Planning and Development (OSHPD) permit, and delays in bid and award and changes during the construction period. Prepared detailed schedule analysis and presented findings in mediation.

Natural Gas Pipeline — Evaluated delays and disruption on behalf of the contractor in connection with the installation of 17.5 miles of a 30-inch diameter Marcellus Shale natural gas pipeline. The project included the installation of pipeline, compressor stations, and a measuring station. Issues included permit delays, right-of-way access, environmental compliance, restricted work periods, stream crossings, and unusually severe weather. Prepared detailed schedule analysis and evaluation of delays associated with environmental and weather shutdown periods. Prepared expert report and rebuttal report. Presented testimony at jury trial. The jury awarded the contractor $24.3 million.

NFL Stadium Rooftop Shade Canopy — Retained by the owner to evaluate claims for delay, acceleration and inefficiency during the construction of a new rooftop shade canopy for NFL Stadium. During the project, the fabricator/erector alleged that scope growth and numerous design changes increased the steel tonnage and connection design time resulting in acceleration of fabrication and erection. Significant overtime and out-of-sequence installation caused increased lost productivity. Evaluated issues, developed timelines and prepared a detailed schedule analysis of both fabrication and erection to evaluate delays and acceleration. Analyzed fabrication fit and weld hours for labor inefficiencies. Prepared expert report to document analysis and findings, and provided deposition testimony. The case settled during trial.

Brewery Expansion and Renovation — Evaluated claims of errors and omissions, delay, and production shortfalls on behalf of the design professional for the expansion and renovation of a brewery. Reviewed and analyzed schedules and evaluated issues including equipment deliveries, supporting utilities, design changes, and supply of packaging materials. In preparation for litigation, detailed schedule analyses for each production line including installation and commissioning was developed. Also, evaluated production plans and line operations to analyze alleged production shortfalls. Prepared an expert report with supporting graphics and exhibits to present findings. The case settled prior to trial.