Donald E. Lefler, P.E.
Summary/Overview
I am a professional engineer and principal in The Lefler Brophy Group, LLC, a consulting firm specializing in forensic analysis of construction processes and disputes, with over 25 years of experience on vertical, heavy civil and infrastructure projects including high-rise buildings, hospitals, hotels, laboratories, schools, airports, bridges, railway, roadway, and treatment plants.
Among the first to computerize critical path method (CPM) schedules, I have throughout my career leveraged the CPM’s ability to document the intent of the contracting parties, successfully coordinate project activities, track progress, forecast and monitor costs, chronicle changes, and identify delays. Developing recovery and completion schedules designed to maximize available resources, mitigate delays, promote efficiency, and avoid premium time losses is a mainstay of my work when completing troubled projects. Clients have also engaged me to design and implement claims avoidance programs advocating timely notification, cost and delay mitigation, and contemporaneous negotiation between the parties.
My construction experience affords me expertise in analyzing scope, bids, contracts, schedules, payments, delays, costs, changes, claims, time extensions, terminations, and damages. Accordingly, my trial experience includes testimony on matters involving scope of the contracted work, compliance with contract requirements, reasonableness of contractor bids, suitability and completeness of schedules, payments, changes, change orders, entitlement to time extensions, termination for cause, completion costs, calculation of monetary damages, and claims arising from delay, loss of efficiency and acceleration.
Areas of Expertise
Claims Analysis
Mr. Lefler has experience in developing delay, disruption, loss of efficiency, acceleration and termination analyses employing CPM schedule evaluations, bid validation, productivity studies, and cash flow and progress curve assessments. Mr. Lefler has expertise in evaluating compliance with contract requirements, and establishing entitlement to time and monetary damages consistent with applicable law in the prevailing jurisdiction.
CPM Scheduling/Project Management
Mr. Lefler develops and maintains CPM schedules for projects of various scopes and types, and designs cost effective recovery schedules designed to mitigate prior delays to limit inefficiency and premium time lossess. Mr. Lefler provides seminars on schedule development with an emphasis on the CPM's ability to manage and coordinate the work, document intent, and chronicle and quantify changes.
Claims Prevention
Mr. Lefler implements claims prevention programs stressing contract compliance and contemporaneous negotiation of delay, disruption, loss of efficiency and acceleration claims. Clients are schooled regarding the importance of notification compliance, identifying direct and indirect costs, and the use of project records including resource loaded CPM schedules, certified payrolls, daily reports and pay requisitions when establishing baseline and measured mile costs, and quantifying damages.
Professional Licenses
Licensed Professional Engineer - North Carolina #22015
Licensed General Contractor - North Carolina #29073
Education
B.S. in Civil Engineering, Construction Option
North Carolina State University, Raleigh, North Carolina, 1983
Employment History
The Lefler Brophy Group, LLC. (2003 to Present)
Principal/Founder
The Lefler Brophy Group, LLC is a partnership specializing in providing project management, claims mitigation, forensic evaluation, and litigation support services to the construction industry. Partners have been qualified as experts and have testified in federal and state courts, arbitrations and mediations.
- Perform project turn-around and completion monitoring on complex heavy civil and vertical construction projects
- Perform forensic analysis, issue expert reports and testify on matters involving scope, bids, schedules, contract compliance, costs, payment, delay, disruption, loss of efficiency, acceleration, changes, change orders, claims, damages, time extensions, and termination
- Compile electronic document databases with thousands to millions of pages of project documents and employ state-of-the-art technology to identify, code, and organize litigation-ready exhibits
- Participate in dispute resolution as a developer of project recovery plans and expert in delay and damage calculations
R.V. Buric Construction Consultants, Inc. (2000 to 2003)
Senior Project Consultant
- Lead consultant with responsibility for analyzing issues, writing expert reports, and testifying on construction claims to $100,000,000
- Testifying expert in areas of scope, bids, cost, schedule and progress analysis, contract compliance, delay, damages, and termination
- Developed and implemented project management systems to schedule, manage costs, document changes, and avoid claims on $160,000,000 bondfunded construction program for UNC-Wilmington
- Participated in dispute resolutions involving federal, state and local governments, dispute resolution boards, and private owners
Southern Homebuilders, Inc. (1996 to 1999)
Vice President
- Responsible for strategic planning in the successful turn-around of a high volume residential, commercial, and land development company
- Director day-to-day operations, finance, computer-aided design, contract negotiations, infrastructure improvements, and acquisition
- Leveraged contacts and worked with local government to align company growth goals with regional infrastructure improvement projects
R.V. Buric Construction Consultants, Inc. (1992 to 1996)
Project Consultant
- Change coordinator with responsibility for developing, quantifying and negotiating changes and claims on the $150,000,000 Detroit Water and Sewer District Controls and Computer Automation project
- Performed analysis, issued expert report, led settlement presentations, and deposed in a $26,000,000 claim by contractor against New York DOT
- Developed and successfully implemented claims avoidance and claims mitigation practices/procedures for contractor and surety clients
Espey, Huston & Associates (1990 to 1992)
Project Manager
- Responsible for management of designers, administrators, and inspectors on +$30,000,000 sewer facilities expansion for New Hanover County, NC
- Reviewed design drawings, developed engineer’s estimates, obtained rightof-way easements, and drafted contracts prior to bid
- Analyzed and successfully negotiated all change orders and claims during construction and system start-up
R.V. Buric Construction Consultants, Inc. (1988 to 1990)
Assistant Project Consultant
- Developed computerized, cost and resource loaded CPM schedules
- Analyzed delay claims and entitlement to time extensions, issued expert report
- Performed on site project management for contractor and surety clients including CPM schedule development and maintenance, cost control, document control, change evaluation, claims development, and settlement negotiations on projects in New York, New Jersey, Florida, Virginia, Michigan, Ohio, Louisiana, Texas and North Carolina
- Developed cost-to-complete estimates
- Negotiated re-let contracts and served as project manager for surety clients on defaulted contracts
Smith Construction (1983 to 1985)
Field Engineer
- Equipment operator for clearing, excavation, and underground utility contracto
- Responsible for layout, line and grade, and design compliance on piping projects
Lefler Construction Company (1978 to 1983)
- Superintendent and lead equipment operator for a family owned utility contracting business while earning engineering degree
- Responsible for estimating, obtaining permits, scheduling, job layout, and equipment maintenance
- Coordinated and supervised pipe laying, masonry, labor, trucking, and equipment operator crews
Testimony Experience (past ten years)
- July 2014
PREF 34 East 51st Street, LLC v. Sciame Construction, LLC: American Arbitration Association Case No. 01-14-000-200 - February 2010
American Manufacturers Mutual Insurance Company and American Motorists Insurance Company v. Payton Lane Nursing Home, Inc., Perkins Eastman Architects, et al: US District Court, Eastern District of New York CV-05-5155 - June 2008
Sigma Contracting Corp. v. Case Construction Co. and C2 Plumbing Corp.: American Arbitration Association Case No. 13 110M 02674 0
