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W.

Scott Tidemann has 37 years of experience in construction contracting, and fo


r the last 20 of those years has specialized in claims/disputes avoidance and re
solution, claim development and defense, and efficient and effective resolution
of many types of construction/project management issues. He has worked with own
ers, contractors, subcontractors, and legal counsel throughout the United States
providing assistance to individuals and companies in every facet and aspect of
the construction industry, including contract formation and administration; loss
and project control; project/program and change order management; cost analysis
; default termination analysis, justification, and costs/damages quantification;
convenience termination costs analysis and costs/damages quantification; and di
spute avoidance/resolution and litigation support.
Mr. Tidemann's background, experience, and specific expertise have enabled him t
o serve as an expert witness on numerous occasions, and provide litigation suppo
rt and expert testimony in arbitration and mediation proceedings and pre-trial d
epositions. He has also served as a mediator regarding a dispute between the pr
oject owner and a subcontractor on the project.
In his early years in the industry, Mr. Tidemann progressed through the ranks of
field labor and into construction management, and has had hands-on performance
and oversight responsibility of various craft/trade activities. He performed pr
oject management and supervisory positions on large and small industrial, commer
cial, and residential projects.
EMPLOYMENT HISTORY
Vice President, Hill International, Inc. 2008 - 2009
Phoenix, AZ
Mr. Tidemann headed up the Hill International, Inc. claims group office in Phoen
ix, and was responsible for all efforts related to business development, proposa
l preparation, and performance/oversight of all efforts necessary to satisfy cli
ents' construction disputes/claims/lawsuits needs as effectively and efficiently
as possible.
Director of Claims Services, PinnacleOne, Inc. 2001 - 2008
Phoenix, AZ
In charge of all claims-related services provided by PinnacleOne out of the Phoe
nix division, to include services provided to clients in neighboring states. Up
on beginning his tenure with PinnacleOne (later acquired by Arcadis) at the Phoe
nix location/division, the operation was experiencing significant losses and Pin
nacleOne's reputation in the local market claims industry was not favorable. Th
rough effective business development efforts and solid performance, Mr. Tidemann
very effectively turned around a losing enterprise operation and re-established
a positive and solid reputation for PinnacleOne's claims operations in the area
.

Vice President, Excell Consulting International, Inc. 1996 - 2001


Colorado Springs, CO
Mr. Tidemann directed all claims-related operations and provided staff/resource
supervision for all efforts related to business development, proposal preparatio
n, and representation of clients involved in disputes resolution efforts. Respo
nsibilities and duties consisted of most matters listed in the following employm
ent history positions.
Senior Program Director, Excell, Inc. and International Consulting Enterprises,
Inc. 1995 - 1996
Colorado Springs, CO
Mr. Tidemann planned, managed, and directed performance of multiple teams assist
ing contractor and Owner clientele with resolution of construction and contract-
related issues, problems, and performance impacts. He was responsible for initi
al client consultation and evaluation of project issues and impacts; cost and sc
hedule impacts analysis; and on-going contract administration and loss control a
ssistance. His duties also included assistance with negotiations of contracts,
subcontract agreements, and resolution of modifications and cost/schedule adjust
ments. Mr. Tidemann developed and implemented complex strategies, including for
ensics analyses methodologies and damages computations. He also developed and i
mplemented appropriate solutions to construction/contract issues; reviewed and p
rovided improvement recommendations regarding client's contract and construction
management systems and cost/schedule controls. His duties included claim or Re
quest for Equitable Adjustment proposal research, development, and presentation
efforts; as well as development and presentation of training seminars.
Program Director, Excell, Inc. 1993-1995
Colorado Springs, CO
Mr. Tidemann planned and coordinated research regarding entitlement, cost, and s
chedule analysis efforts related to positioning and preparation of requests for
contract adjustments. He assisted clients with favorable resolution of project p
roblems/impacts, prepared budgets and schedules for internal project performance
, and consistently achieved completion within time, budget, and resource constra
ints.
Senior Contract Administrator, Excell, Inc. 1991-1993
Colorado Springs, CO
Responsible for construction management and contract administration services, Mr
. Tidemann prepared cost overrun recovery positions in accordance with appropria
te accounting standards. He also determined and developed entitlement and contra
ctual access positions to enhance/support cost overrun recovery efforts.
Contract Administrator, Excell, Inc. 1989 - 1991
Colorado Springs, Colorado
Mr. Tidemann provided on-site and remote contract administration services, devel
oped and implemented research procedures to support issue and problem analysis,
entitlement identification, and causation development. He also assisted with im
provement of clients' existing cost and schedule controls.
General Contracting Projects, Colorado Springs, Colorado. Responsible for all o
ffice and field operations with annual volume averaging $3 million, Mr. Tidemann
oversaw all work performance activities, as well as bidding, procurement, contr
act/ subcontract formation, scheduling, and job costing efforts.

SELECT PROJECTS EXPERIENCE/HISTORY


Phoenix Metro Light Rail Agency, Phoenix, Arizona. Provided claims review & eva
luation services regarding 3 of the 5 railway line segments and the numerous seg
mented REAs/claims submitted by each of the three different line segment contrac
tors. Services included analyses of alleged multi-million dollar damages and da
mage quantification methodologies, and involving time-related overhead, addition
al overhead, labor and equipment inefficiencies, and planned vs. actual producti
on rates variances.
Colorado Department of Transportation/Colorado Office of the Attorney General, D
enver, Colorado.
Provided claims evaluation and advisory services in relation to a prime contract
or claim comprised of, in part, claims being passed through from subcontractors.
Initial services were provided at the project and contract administration leve
l, and again later during research, analysis, and preparation for mediation. Is
sue remained unresolved administratively, and additional services were provided
to the Colorado Office of the Attorney General in connection with, and preparati
on for, formal mediation. Mr. Tidemann developed materials for presentation in m
ediation proceedings by client's legal counsel.
Catalina Foothills Unified School District, Tucson, Arizona. Through the Distric
t's outside legal counsel, provided analysis and advisory services pertaining to
a new school project procured via a CM@Risk project delivery methodology. Mr.
Tidemann provided the services due to numerous unsupported requests for change o
rders submitted by the contractor and its subcontractors throughout the course o
f the project.
Santa Maria-Bonita School District, Santa Maria, California. In an aggressive p
rogram to expand and improve existing facilities and construct new school buildi
ngs ($100 million, 16 sites), the school district entered into several contracts
with a contractor and associated subsidiaries for design services, manufacturin
g of modular buildings, building assembly and general construction as a prime co
ntractor, and for construction management services. After two years, when the pr
ogram was 75% complete, it became apparent that the contractor was not fulfillin
g contractual obligations and was failing to pass through to the various other p
rime contractors and its own subcontractors, funds it received on their behalf.
Mr. Tidemann's group sorted through the mid-program particulars of scope, schedu
le and cost regarding 220 individual contracts, and assisted the District's lega
l counsel in defending against, and successfully negotiating, resolution of the
numerous prime contractor and subcontractor claims/lawsuits without final litiga
tion. Mr. Tidemann"s efforts effectively reduced the District's exposure from t
he original $25 million estimate of damages to just over $7 million.
DG Fenn Construction, Inc. - KinderCare Learning Centers, Phoenix, Arizona. Mr.
Tidemann provided assistance to Contractor regarding the positioning, pricing, a
nd negotiation of its Termination for Convenience Settlement Proposal. Subseque
ntly provided support to contractor and its outside legal counsel in preparation
and accomplishment of formal mediation regarding the additional amounts owed to
the contractor because of the termination.
Salt River Project (SRP), Phoenix, Arizona. Through the outside legal counsel of
an insurer of Salt River Project (SRP), provided analysis regarding a worker el
ectrocution event and how that event may have related to the project schedule an
d the other work of the project. The project was a new Maricopa County jail ori
ginally valued at ~$50M, and SRP was the provider of both the temporary and perm
anent power on the project.
Thatcher Unified School District, Thatcher, Arizona. Mr. Tidemann assisted the
owner and their outside legal counsel in resolving significant defective workman
ship issues and schedule delays involving a newly constructed high school. He a
lso provided support in preparing for, and taking a lead role in, settlement neg
otiations.
United National Insurance, Phoenix and Sedona, Arizona. Mr. Tidemann conducted
research and analysis regarding a dispute between a prime contractor and a subco
ntractor, providing support to the contractor and their outside legal counsel (f
or the insurance company) in efforts to identify and allocate responsibility for
defective workmanship issues. He also provided deposition testimony.
Broward County Community College, Broward County, Florida. Mr. Tidemann perform
ed senior contract administration duties during the later stages of construction
of a new library, and subsequently assisted with development of a comprehensive
request for equitable adjustment valued at $750,000 for constructive changes, d
irected changes, acceleration, and delays.
City of Harvey, Harvey, North Dakota. Mr. Tidemann provided support to the cont
ractor's effort to recover cost and schedule impacts incurred due to differing s
ite conditions. He also assisted the contractor in quantifying damages and prepa
ring for negotiation sessions between the contractor and owner.
Renovation of Army Barracks, Fort Wainwright, Alaska. Project owner was the US
Army Corps of Engineers, and the contract was governed by the Federal Acquisitio
n Regulation (FAR). Mr. Tidemann assisted with development of a comprehensive re
quest for equitable adjustment valued at approximately $6 million for changes an
d delays. He directed the actual costs reconstruction and reclassification effo
rt and subsequent identification/ quantification of the damages incurred. He als
o assisted with the research and development of individual entitlement issues.
Natches River Bridge, Houston, Texas. Project owner was the Texas Department of
Transportation. Mr. Tidemann assisted with the development of a comprehensive re
quest for equitable adjustment valued at approximately $20 million for directed
and constructive changes, overzealous inspection issues, delays, and acceleratio
n.
Space Station Processing Facility, Kennedy Space Center, Florida. Project owner
was NASA, and the contract was governed by the Federal Acquisition Regulation (
FAR). Mr. Tidemann directed development of a comprehensive request for equitable
adjustment for the electrical subcontractor. The request, valued at $1 million,
stemmed mainly from changes and delays arising from defective/ deficient design
documents and the owner's actions and inactions. Later, Mr. Tidemann assisted t
he contractor and its legal counsel with the development and presentation of a s
ingle issue in front of the Board of Contract Appeals.
Federal Detention Facility, Miami, Florida. Project owner was the Federal Bureau
of Prisons, and the contract was governed by the Federal Acquisition Regulation
(FAR). Mr. Tidemann was responsible for procurement and project controls develo
pment/monitoring during the later stages of the construction of an 11-story high
-rise, 1,100-bed prison. He subsequently assisted with development of a comprehe
nsive request for equitable adjustment valued at approximately $13 million for c
onstructive changes and resultant delays.
Air Route Traffic Control Center, Anchorage, Alaska. Mr. Tidemann directed deve
lopment of a comprehensive request for equitable adjustment valued at approximat
ely $6 million for constructive changes, directed changes, acceleration and dela
ys. He later provided expert testimony (relative to entitlement to damages, qua
ntification of damages, and schedule analysis) in pre-trial deposition. The dis
pute settled in subsequent negotiations.
Tarrant County Jail, Tarrant County, Texas. Mr. Tidemann directed development o
f a comprehensive request for equitable adjustment valued at $600,000 for change
s and delays arising from defective/deficient design documents, and assisted wit
h negotiations and settlement.
Street Improvements, Columbus, Ohio. Mr. Tidemann directed development of a comp
rehensive request for equitable adjustment values at $500,000 for changes and de
lays arising from defective/deficient design documents. He also assisted with n
egotiations and settlement and he provided expert testimony in mediation.
New Highway Construction, Two Rivers, Wisconsin. Mr. Tidemann directed developm
ent of a comprehensive request for equitable adjustment valued at $450,000 for c
hanges and delays. He also assisted the client with negotiations and settlement
.
Uranium Mill Tailings Remediation Project, Mexican Hat, Utah. Project owner was
the Department of Energy, and the contract was governed by the Defense Federal
Acquisition Regulation. Mr. Tidemann co-directed the positioning of a contracto
r to self-terminate for convenience due to limitation of funding, and to convert
the contract from a firm, fixed-price contract to a cost-reimbursable one. He
also assisted with the identification, compilation, and presentation of actual c
osts incurred, supported the client during an audit by the Defense Contract Audi
t Agency (DCAA), and assisted with subsequent negotiations and settlement.
Metropolitan Transit Authority, Miami, Florida. Mr. Tidemann assisted with quan
tification of damages incurred by the contractor, primarily due to latently defe
ctive/ deficient design documents, the owner's actions and inactions, directed a
nd constructive changes, and delays.
Cardinal States Gathering Line, Kentucky and West Virginia. For a project consi
sting of a shallow-bury, 30" diameter, 32-mile gas pipeline, Mr. Tidemann direct
ed development of a comprehensive request for equitable adjustment valued at $1
million for differing site conditions, constructive changes, directed changes, a
cceleration, and delays. He also provided expert testimony (relative to entitlem
ent to damages and quantification of damages) in pre-trial deposition. The dispu
te was ultimately settled via mediation.
Memphis-Shelby County Airport, Memphis, Tennessee. For construction of a new ai
rport runway, associated runways, and aprons, Mr. Tidemann directed development
of a comprehensive request for equitable adjustment valued at $11 million for di
ffering site conditions, constructive changes, directed changes, acceleration, a
nd delays. He also provided support to the client's legal counsel during arbitr
ation conducted under AAA rules.
Heilig-Meyers Furniture Company Corporate Headquarters Building, Richmond, Virgi
nia. Acting as Owner's Representative on a dispute with the contractor concerni
ng over-billing on a cost-plus contract, Mr. Tidemann performed comprehensive an
alysis of budgeted and actual costs, and provided expert testimony during formal
arbitration conducted by AAA.

OTHER EXPERIENCE
General Federal Government and Federal Acquisition Regulation (FAR) Projects. M
r. Tidemann had complete responsibility for, and participation in, the following
types of efforts relative to numerous agencies of the Federal Government:
* Preparation and evaluation of Request for Equitable Adjustment proposals.
* Preparation, negotiation, and evaluation of Claims
Schedule analyses and the development of findings/reports of analyses results.
* Termination for Convenience Settlement Proposal development and negotiations.
* Change order/ modification development and negotiations.
* Development and negotiation of entitlement/recovery positions for issues relat
ed to differing site conditions, delays, directed and constructive changes, dire
cted and constructive acceleration, defective/ deficient contract design documen
ts, owner interference, site access denial, unusually severe weather, overzealou
s inspection, sole source procurement, impossibility and impracticality of perfo
rmance, liquidated damages, wrongful default termination, variation in estimated
quantity, support during audits accomplished by the Defense Contract Audit Agen
cy (DCAA), support of litigation team(s) in various government litigation and al
ternative dispute resolution forums, and cost engineering/ analysis.
Various Construction Projects, Casper, Wyoming. Mr. Tidemann's construction bac
kground includes performance as a hands-on laborer, carpenter, superintendent, a
nd project manager on a variety of projects including foundation and flatwork co
ncrete construction, pre-engineered metal building erection, custom home constru
ction, cabinetry, electric generating power plant, power plant cooling tower, of
fice buildings, pipeline surveying, and industrial/manufacturing facilities.

EDUCATION:
Experience equivalent to CM and MBA accreditation
PAST-PRESENT REGISTRATIONS:
License: Class B-1 General Contractor -Colorado
PAST/PRESENT PROFESSIONAL MEMBERSHIPS:
Construction Management Association of America
Forensic Expert Witness Association
American Mensa
PUBLICATIONS:
"Recovering Costs for Differing Site Conditions", The Excell Report, June 1992
"Project Problems and Early Detection - Early Cure", The Excell Report, October
1996
"Contract Terminations - The Rules Should Be Clear", Engineering News Record, Oc
tober 13, 2006
"Estimate-To-Complete, or...Guess What?!", The Innovator (PinnacleOne Monthly Ne
wsletter) February 2007, Lorman Education Services Monthly Newsletter, April 200
7
"Contractor Terminations: The End...or Not", The Innovator (PinnacleOne Monthly
Newsletter), February 2006
PRESENTATIONS/SEMINARS BY TIDEMANN:
Today's Contracting Environment, 12/4/1995 - North Dakota AGC State Convention,
Fargo, ND
Skills of Contract Administration, 12/5/1995- North Dakota AGC State Convention,
Fargo, ND
Getting Paid - Do or Die, 3/21/1996 - National Erectors Association, San Antonio
, TX, 9/21/1996 - Mechanical Contractors Association of Canada, Whistler, B.C.
Project Administration - A Real World Overview, 9/21/1996 - Mechanical Contracto
rs Association of Canada, Whistler, B.C.
Pre-Bid and Post-Award Risk Management, 3/9/1996 - International Association of
Cold Storage Contractors Annual Conference, Atlanta, GA
Changes Management, 3/10/1996 - International Association of Cold Storage Contra
ctors Annual Conference, Atlanta, GA
Practical Lessons in Project Management, Contract Administration, and Claims Avo
idance, 11/8/1996 - International Association of Cold Storage Contractors Confer
ence, Paradise Island, Bahamas, 6/17/2003 - Lorman Education Services, Phoenix,
AZ, 11/7/2003 - Lorman Education Services, Casper, WY, 9/27/2004 - Lorman Educat
ion Services, Casper, WY, 9/23/2005 - Lorman Education Services, Casper, WY
Construction Manager at Risk and Design-Build in Texas, 10/17/2003 - Lorman Educ
ation Services, El Paso, TX, 7/29/2005 - Lorman Education Services, Corpus Chris
ti, TX, 7/21/2006- Lorman Education Services, El Paso, TX
Construction Manager at Risk and Design-Build in Arizona, 6/29/2004 - Lorman Edu
cation Services, Tucson, AZ
The Fundamentals of Construction Contracts: Understanding the Issues in Arizona,
10/27/2004 - Lorman Education Services, Phoenix, AZ, 10/6/2005 - Lorman Educati
on Services, Phoenix, AZ
The Fundamentals of Construction Contracts: Understanding the Issues in Texas, 1
2/13/2005 - Lorman Education Services, El Paso, TX
Performance Risk & Project Management Relative to Fast Track Projects, 8/16/1996
- National Association of Surety Bond Producers Conference, Coeur d'Alene, ID
Contractor Terminations: The End,...Or Not, 8/2/2005 - American Public Works Ass
ociation Arizona Statewide Conference, Prescott, AZ, 9/11/2005 - Construction Ma
nagement Association of America National Conference, Huntington Beach, CA, 2/23/
2006 - Falmouth Institute - Planning and Managing Construction Projects in India
n Country Conference, 1/4/2007 - Maricopa County Bar Association - Construction
Section Monthly Meeting, Phoenix, AZ
Recognizing and Addressing the Events That Lead to Claims; Differing Site Condit
ions; and The Eichleay Formula, 2/6/2002 - The PinnacleOne Institute, Phoenix, A
Z
Don't Let Overhead Be Over Your Head, 7/15/2003 - American Public Works Associat
ion Arizona Statewide Conference, Prescott, AZ, 11/13/2003 - Construction Owners
Association of America, Owners Leadership Conference, Scottsdale, AZ, 9/15/2004
- American Public Works Association of America 2004 Congress & Exposition, Atla
nta, GA, 9/22/2004 - Construction Owners Association of America, Arizona Chapter
Luncheon, Phoenix, AZ
Construction Claims Avoidance and Resolution, 11/16/2003 - Western Region of Nat
ional County Engineers Association, Laughlin, NV

Construction Defects, 4/17/2004 - Arizona Association of Defense Counsel Spring


Retreat, Sedona, AZ
Analyzing Construction Claims - Rocket Science Revealed, 3/1/2007 - Maricopa Cou
nty Bar Association - Construction Section Monthly Meeting, Phoenix, AZ
Tricks, Traps, and Ploys Used in Construction Scheduling, 9/16/2005 - Lorman Edu
cation Services, Phoenix, AZ, 9/16/2006 - Lorman Education Services, Phoenix, AZ
, 9/18/2007 - Lorman Education Services, Phoenix, AZ

Contact Information:
W. Scott Tidemann
1053 E. Coconino Dr.
Chandler, AZ 85249
Hm. 480-802-3771
Cell 480-363-1365
stc20e54@westpost.net

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