JAMES T. GUYER, FCIArb

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1 P.O. Box 67347, Saint Petersburg, Florida (813) PROFESSIONAL ACTIVITIES and EDUCATION Active Dispute Resolution Board Foundation (DRB) Member training and experience. FDOT Regional 1 RDRB member and Chairman for Ad-Hoc as needed hearings; FDOT Regional 7 RDRB member for Ad-Hoc as needed hearings I have served on approximately fifty-five (55) Boards and as Chairman on 60%. My emphasis is focused on avoiding, preventing and the resolution of disputes. DRB Administrative Workshop, DRB Chair Workshop, Active construction panel member in good standing on the American Arbitration Association s (AAA) Roster of Arbitrators and Mediators since I have arbitrated a full spectrum of cases ranging from multi-million dollar claims in heavy civil type construction, commercial building projects, high rise five-star hotel, landfill, highway, bridge to smaller simple residential cases either as the Chairman or one of the members in three panel tribunals and as single arbitrator to Documents Only cases as well. Arbitration and Mediation training: Construction Professionals Guide to Conducting an AAA Arbitration, Aug Fundamentals of Effective Mediation Advocacy, Arbitrator Ethics & Disclosure,

2 Pro Se: Managing Cases Involving Self-Represented Parties, Dealing With Delay Tactics in Arbitration, Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics, Arbitration Awards: Safeguarding, Deciding & Writing Awards, Arbitrator II: Advanced Construction Case Manage Issues, Construction Arbitration Training, Construction Arbitrator Training Workshop, Advanced Arbitration Training, Standard Arbitration Training, Mediation training in accordance with the guidelines used by the State of Florida for the Circuit Civil Court Mediation Program; Forty-hour course, Examples of disputed issues Arbitrated: Schedule Delays (CPM Impact Analysis) Loss of productivity Inefficiencies Acceleration Unforeseen conditions Differing site conditions Contract language interpretation Extra work Defective/Incomplete construction Project access Mal-administration Non-payment Termination Lost revenue Warranty Survey errors Design errors Pre-judgment interest Conflicting contract Language Design/Build Examples of types of Projects Arbitrated: 2

3 Large bridge spanning a major U.S. River Multi-story luxury 5-star hotel Multi-story condominium Residential homes Site work Highway construction Land fill Cell / borrow source Commercial buildings Multi-Million dollar Church College Campus expansion building Three person arbitration panel regular and large, complex panels (Chair and member) Single arbitrator Fast Track Documents only cases Fédération Internationale Des Ingénieurs-Conseils (FIDIC-DAB) training The Practical Use of the 1999 FIDIC Conditions of Contract for Construction and the MDB s Harmonized Construction Contract (Module 1), April The Practical Management of Contract Claims and The Resolution of Disputes (Module 2), May The Responsibilities and Duties of Dispute Adjudicators and Parties to Disputes (Module 3), July Active Member Dispute Review Board Foundation; National and Florida Chapters Florida Dispute Review Board Foundation Board of Directors P3 Advisory group for the National Dispute Review Board Foundation FCIArb: Fellow Member of Chartered Institute of Arbitrators Internationally recognized qualification for experienced arbitrators and dispute resolution practitioners. Natural sciences curriculum and graduate level University of South Florida;

4 Bachelor of Science Civil Engineering Georgia Institute of Technology; Atlanta, Georgia; Florida Licensed (PE ) since Yearly Guest Speaker at Stetson University Construction Law Class Lecture 1: Contemporaneous Documents significant to Lawsuits, Arbitrations, and Dispute Review Boards. Lecture 2: Similarities and Differences between various methods of Alternative Dispute Resolution (ADR) Mediation v. Arbitration v. International Arbitration v. Dispute Review Boards and v. Dispute Adjudication Boards. PROFESSIONAL EXPERIENCE Present : Resolve Construction Dispute Resolution (Consulting Company); Saint Petersburg, Florida; Principal. Conduct Arbitrations, conduct Dispute Review Boards, Dispute Adjudication Boards, mediations, umpire insurance disputes, fact-finding, expert witness, documents only cases, and general consultation services. Have served on many diverse Dispute Review Boards. My emphasis is focused on avoiding, preventing and the resolution of disputes. Present : Heavy Construction Estimating L.L.C. (Consulting Company); Tampa Florida; Managing Member. Assist the State Estimates Office, Counties, Public Managers, and developers with construction cost estimating functions, which include bid review evaluations, cost estimate quality control reviews, and analyzing 4

5 construction cost trends; all from the Contractors Point of View. Modernized the Florida Fuel Factors Index for the first time since the 1970 s for the State of Florida (The Fuel Factors Index is implemented on virtually every transportation contract in the State) Jan 2003: Talbot Guyer Company (Consulting Company); Tampa Florida; Principal. Documentation, analysis, and/or preparation of construction claims with an emphasis on heavy civil construction projects and delay issues. Services have included litigation support; construction management; extension of staff; CPM scheduling; cost to completion and bidding consultation; expert witness; mediation and arbitration services. Representative Projects: Royal Park Bridge, Palm Beach County; State Road 20 Apalachicola River Bridge; Brookside Middle School, Sarasota, Fla; I-4, Section 2, Hillsborough County; State Road 540; Orange County Landfill; V-2 Vacuum and Force main Collection System, Charlotte County; Section 3A Polk Parkway; Section's IV, VII, and VIII of the Veterans Expressway, Hillsborough County; Wildwood Weigh Station, Marion County; Port St. Lucie Blvd., St Lucie County; MacArthur Causeway, Dade County. Structure "A", Pinellas County; Southeast Bank, Manatee County; Osceola County Projects 61 and 71; State Highway 580, Hillsborough County, Section's III and IV of the Southern Connection Extension, Orange County. John Young Parkway, Orange County; St. Petersburg-Clearwater Airport Air Traffic Control Tower, Pinellas County; Numerous Subcontractor/Contractor disputes and Contractor/Owner disputes : Gahagan and Bryant Associates, Inc. (Consulting/Design Company); Tampa, Florida; Director of Quality Control. Supervised processing and quality control of computerized surveys with an emphasis on hydrographic surveys. Created bathymetric and cross section maps of channels and beaches. Volume computations of fills and cuts. Soils Analyses. Beach Restoration Design. Developed contract documents for beach restoration and channel deepening and widening projects. 5

6 : Hendry Corporation; Tampa, Florida (General Contractor); Director of Construction. Managed and administered various marine and building projects throughout Florida. Contract negotiation, contractor selection, and contract administration. Employed and supervised project superintendents and various personnel. Received bids and negotiated material purchases. Compiled financial reports. Various types of engineering design. Involved in all phases of cost estimating, bidding, and scheduling of projects. Investigated, negotiated and processed all construction claims. Designed and updated critical path schedules : United Energy Resources (Owner); Shreveport, Louisiana; Engineer. Designed, managed and scheduled natural gas pipelines, compressor stations and other related projects from initial conception to completion. Direct and indirect supervision of all phases of Construction, including design, surveying, drafting, Right-of-Way acquisition. Contract negotiation and development of contract bid documents. Contractor selection and administration. Projects required extensive communication with landowners, private businesses, government officials, and gas and oil producers. Conducted system flow studies and various civil engineering design. Cost estimating. Investigated, negotiated, and processed all construction claims. Designed and updated critical path schedules. 6