TOCCO CONSTRUCTION CONSULTANTS- PROFESSIONAL PROFILE

PROFESSIONAL DEGREES

Juris Doctor, Cum Laude
 Michigan State University College of Law/DCL

 

Bachelor of Science in Construction Engineering
 Lawrence Technological University

DISPUTE RESOLUTION EXPERIENCE

  • Successfully mediated numerous multiple-party construction
    disputes, involving owners, general contractors, subcontractors, suppliers and designers.

  • Member of the American Arbitration Association Panel of Construction Arbitrators and Mediators for large, complex cases.

  • Presided as sole arbitrator, panel member and panel chair for numerous arbitration proceedings involving commercial, residential industrial, municipal and institutional construction disputes.

  • Presided as a panel member for several construction dispute case evaluations.

CONSTRUCTION INDUSTRY EXPERIENCE

  • Project manager and estimator for several general contractors.

  • Director of Operations for a Tier 1 subcontractor/supplier.

  • Projects included both new construction and renovation of industrial, institutional, health care and commercial structures.

  • Generated and negotiated contracts, subcontracts, change orders, and proposals. 

  • Reviewed and approved subcontractor and supplier invoices, and oversee customer billing. 

  • Analyzed bid documents, solicited subcontractor and supplier quotations, generated estimates and proposals for both negotiated and competitively bid projects.

  • Generated computerized critical path method (CPM) schedules and coordinated construction activities with field personnel, subcontractors and suppliers.

  • Prepared bulletin pricing, change orders, and claims with respect to disputed work.

  • Reviewed and submitted progress payment requests, prepared and submitted change order claims; experience with American Institute of Architects standard documents.

  • Conducted project meetings with owners, designers, government officials and contractors. 

  • Developed and implemented procedures and work instructions for division and corporate-wide functions for ISO 9002 certification.  Provided training for employees on procedures and work instructions.  Process owner and internal auditor for quality audits.  Responsible for preparing Operations Division for the external quality audit.  Initiated and managed corrective/preventive actions.

  • Served as a subject matter expert and generated questions for the Certification Program in Capital Projects for the Project Management Institute.

LEGAL EXPERIENCE

  • Practice concentrated in commercial litigation, with emphasis on construction disputes involving lien and bond claims, change order claims, and contract disputes.

  • Clients included property owners, sureties, general contractors, subcontractors, and suppliers.

  • Responsibilities included client interviews, preparing and filing lawsuits, preparing and arguing motions, conducting depositions and other forms of discovery, reviewing contracts, participating in settlement negotiations, arbitration, and court-directed case evaluation and mediation.

  • Created contract documents for the following relationships:  owner/general contractor, general contractor/subcontractor, and subcontractor/supplier (credit application).

TEACHING EXPERIENCE

  • Adjunct Professor in the Civil Engineering Department of Lawrence Technological University, Southfield, MI:

Undergraduate Courses
 Contracts, Ethics, Law, and Professional Issues for Engineers
Project Planning, Design and Scheduling
Cost Estimating, Bidding and Contracts
Ethics and Professional Issues

Master’s Courses
 Claims and Risk Management
Construction Law
 Civil Engineering Seminar
Alternative Dispute Resolution for Construction Professionals

International Master’s Courses
Risk Management, Safety and Personnel, Taipei, Taiwan R.O.C.

  • Adjunct Professor at the Michigan State University Detroit College of Law, East Lansing, MI:

Law Courses
Construction Law

  • Adjunct Professor at the Eastern Michigan University School of Construction Management, Ypsilanti, MI:

Master’s Courses

Analysis of Commercial Buildings
Alternative Dispute Resolution for Construction Professionals

SEMINAR EXPERIENCE

Seminars Developed and Presented to Various Professional Organizations
 The Construction Process from Start to Finish
Construction Claims and Change Orders
Construction Insurance, Bonding and Liens
Effective Quality Control: Increasing Quality and Decreasing Costs
What to do When Projects Go Bad
Recognizing and Avoiding Disputes Through Proper Documentation
Review of the AGC/ASA Joint Contract for Construction

PANEL MODERATOR EXPERIENCE

  • Michigan Society of Professional Engineers, Lawrence Technological University, Get Licensed, Get Ahead, panel of professional engineers discussing the different aspects of obtaining a license to practice engineering.

  • Associated General Contractors New Constructors, Greater Detroit Chapter, Communication and Team Building in the Construction Industry, panel of construction experts discussing communication issues among the project stakeholders.

  • American Society of Civil Engineers, Lawrence Technological University, Ethics in the Engineering Profession, panel of engineering experts discussing ethical issues for students and practicing engineers.

  • American Subcontractors Association, Cost or Consequences, panel of construction experts discussing general contractor/subcontractor issues.

PROFESSIONAL DEVELOPMENT/TRAINING

  • Commercial Arbitrator Development Program, Complex Case Management, American Arbitration Association

  • Michigan SCAO mediator training/certification

  • Mediation Training, Michigan Bar Association

  • Construction Mediation Training, American Arbitration Association

  • Construction Arbitration Training, American Arbitration Association

  • OSHA Fall Protection Seminar, American Society of Civil Engineers

  • OSHA Construction Safety and Health Standards Seminar, American Society of Civil Engineers

  • OSHA General Industry Safety and Health Standards Seminar

BOARDS/COMMITTEES

  • Presently serving as a contributing author on the Project Management Institute Project Management Body of Knowledge Construction Extension Team

  • Presently serving on the Eastern Michigan University Construction Management Masters Program accreditation initiative team with the Project Management Institute 

  • Presently serving as an alternate trustee for the Detroit Mason Contractor’s Association Laborer’s Health and Welfare Fund

  • Presently serving on the Lawrence Technological University Department of Civil Engineering Advisory Board

  • Presently serving on the American Arbitration Association Construction Industry Advisory Group

  • Presently serving on the State Bar of Michigan Construction Law Committee

  • Previously served on the American Subcontractor Association, Southeast Michigan Chapter, Board of Directors

  • Previously served on the Associated Builders and Contractors, Southeast Michigan Chapter, Membership Chairman

PROFESSIONAL AFFILIATIONS\

State Bar of Michigan
Engineering Society of Detroit
American Bar Association
American Society of Civil Engineers
American Arbitration Association
Project Management Institute
Chi Epsilon; National Civil Engineering Honor Society
American Society of Professional Estimators
The Order of the Engineer
American Institute of Constructors

PUBLICATIONS

“Introducing Construction Engineering Management Students to Alternative Dispute Resolution,” Associated Schools of Construction Annual Conference Proceedings, April 2006. 

“Constructing a Solid Case: Participating in Arbitration Utilizing the Five Project Management Process Groups,” The American Professional Constructor, April 2005.

“Understanding Parol Evidence,” CAM Magazine, August 2001.

“Michigan Adopts New Court Rule for ADR,” CAM Magazine, January 2001.

“Contingent Payment Clauses Acceptable in Michigan,” CAM Magazine, August 1995.

“Love going to court?  Here’s the 10-step program to litigation,” The Subcontractor, September 1995.

"Protecting payment rights on public projects,” Michigan Contractor & Builder, April 16, 1994 (co-author).

"Brown Decision Places New Lien Burdens on Subcontractors and Suppliers,” CAM Magazine, July 1993.

"A SURVEY: How subs utilize attorneys in construction disputes,” Michigan Contractor & Builder, June 6, 1992.

"Analysis of a Survey:  How Subcontractors Use Lawyers in Construction Disputes,” The Construction Lawyer, American Bar Association Forum on the Construction Industry, November 1992. 

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