SOL KUTNER

Sol Kutner is a management consultant actively involved in dispute resolution related to engineering and construction work. The successful resolution of design and construction claims requires a thorough understanding of the components of each problem: the technical, the construction, the contractual and the economic issues. Mr. Kutner's education and career in engineered construction have provided him with the knowledge and experience required to be particularly successful in claims management. Mr. Kutner, holds a degree in civil engineering, and has performed every major function in construction operations, including:

• Scheduling
• Material take-offs
• Field engineering
• Estimating
• Bidding strategies
• Site management
• Cost control
• Purchasing
• Project Superintendent
• Construction Manager
• Manager of Contracts

Sol Kutner has been successful in handling major construction claims in a broad range of commercial and public projects. His leadership in claims analysis and resolution calls upon his many years of successful negotiating experiences. Mr. Kutner's special insight into complex problems, involving design errors and omissions, construction changes, disruptions, delays, acceleration, construction defects, and construction related safety issues, has enabled him to work effectively with owners, architects, contractors, subcontractors, sureties and attorneys in construction litigation and various forums of dispute resolution including: negotiation, arbitration, mediation, dispute review boards and project neutral.

Mr. Kutner has extensive construction experience in many types of projects including:

• hotels, apartments/condos, single-family/multi-family residences
• new construction, repairs and renovation (historic)
• hospitals, jails, convention centers and office buildings
• educational facilities including K-12, community colleges and universities
• airport terminals
• underground utilities, sewers, pipelines, and underpinning work
• public works, water supply projects, courthouses, and jails
• nuclear and fossil fuel power plants
• mining, pipelines and geothermal projects
• new building restorations and renovations
• bridges, tunnels, subways, viaducts, highways
• hazardous waste remediation

PROFESSIONAL EXPERIENCE

Kutner-Ross Associates, Inc. San Carlos, California (1981 - Present)

In 1981 Mr. Kutner founded Sol Kutner Associates, Inc. (SKA) which on January 1, 2006 became Kutner-Ross Associates(KRA). Mr. Kutner continues to provide consulting services and seminars in construction management, contracts and claims to owners, contractors, sureties and attorneys. Mr. Kutner's construction consulting services include the resolution of engineering/construction disputes; analysis of construction planning, scheduling, management and operations, contract changes, delays, acceleration and impact claims in the assertion or defense of claims; provide expert witness testimony relative to construction industry practices, construction management, construction operations, contract administration and interpretation.

• Project Neutral, Expediter
• American Arbitration Association - Construction Large Complex Case Program
• Senior Arbitrator for ARBITRATIONWORKS - Contractors State License Board Arbitration Program
• Expert witness in engineering and construction arbitrations
• Lead negotiator resolving major construction disputes
• Neutral arbitrator and party arbitrator in numerous construction arbitrations
• Mediator in construction dispute cases
• Dispute Review Board member and chairman on various projects totaling approximately $1,250,000,000
  

Bechtel Group of Companies San Francisco, California (1967 - 1981)

As Executive Consultant, Mr. Kutner provided analyses and resolution of engineering/construction claims to all operating divisions, domestically and internationally.

As Manager of Contracts for Bechtel Power Corporation, he developed and implemented Bechtel's corporate program for construction contract management, as well as programs in contract administration and claims management.

Mr. Kutner was Resident Engineer in charge of construction of several of the San Francisco/Oakland BART subway contracts, valued today at over $600,000,000.

Jemko Construction Co., Inc. Queens, New York (1959 - 1967)

Principal owner of Heavy construction and commercial building contractor. Competitively bid and contracted on lump sum basis for public works subway projects, sea walls, underground utilities and private commercial work. Primarily responsible for estimating, bidding, managing and field supervision of construction work.

Construction Superintendent, Field Engineer, Estimator (1949 - 1959)

Various Construction companies, New York City metropolitan area. Craftsman on commercial and residential construction projects. Site construction field engineering, office engineering field supervision of labor and construction operations including management, planning, scheduling, estimating, contracting, purchasing, accounting, design and coordination with agencies and government entities.

EDUCATION

Bachelor of Civil Engineering - City College of New York (CCNY) - Civil Engineering
Dispute Review Board Foundation, Dispute Review Board Administration and Practice Workshop
Contractors State License Board, Industry Specific Arbitrator Training Course
American Arbitration Association - Commercial Arbitration, Advanced Arbitration, and Construction Industry Arbitration

PROFESSIONAL AFFILIATIONS

Current Memberships:

• American Arbitration Association
• Dispute Review Board Foundation
• American Society of Civil Engineers
• International Conference of Building Officials
  

Past Memberships:

• Arbitration and Mediation International
• Arbitration Works - CSLB Arbitration, Commercial & Construction Arbitration and Commercial & Construction Mediation Panels
• American Arbitration Association Construction Large Complex Case Program
• Project Management Institute
• American Institute of Architects/AAF
• Associated General Contractors of America
• International Bar Association
• Society of American Military Engineers
  

LECTURES & PUBLICATIONS

Sol Kutner has written and lectured extensively on the subjects of construction management/contract administration, and the avoidance, management and resolution of construction claims.

Sol Kutner Lecture Series presented to:

• Stanford University Graduate Construction Management Program
• University of California, Berkeley Graduate Construction Management Program
• California Polytechnic State University Construction Program at San Louis Obispo
  

Sol Kutner Construction Contract Administration Seminars presented to various utility groups including:

• Consumers Power Company
• Detroit Edison Company
• Philadelphia Electric Company
• Pennsylvania Power and Light Company
• Gulf States Utility Company
• Asea Brown Boveri

Kutner-Ross Associates, Inc.
     "Field Contracts Management Procedures Manual"
Various Client Contract Management Manuals

Engineering Foundation Research Conference Asilomar, California
Planning, Engineering and Constructing the Superprojects
     "The Impact of Regulatory Agencies on Superprojects"

American Bar Association's Forum Committee on the Construction Industry and its Fidelity and Surety Law Committee of the Section of Tort and Insurance Practice - New York, New York
     Time in Construction - "Methods of Scheduling"

Publications for The Bechtel Group of Companies:

• Subcontract Administration Manual and Procedures
• Subcontract Administration Training Manual
• Subcontract Administration Monitoring/Audit Program
• Project Procurement Managers Operations Manual
• Project Procurement Managers Training Manual
• Corporate Communications Study
• Analysis of Procurement Operations in Decentralized Mode
• Analysis of National Labor Pool Availability for Nuclear and Fossil Power Plants
• Construction Management/Contract Administration Task Force
• Contract and claims leader on several Super Projects including:
  • AlaKRAn Pipeline
  • Washington, DC Subway
  • Canadian Synthetic Fuels Project
  • Kuwait Gas/Oil Refinery

Presentation to Sheet Metal Contractors Association of North America - Chicago, III
      "Construction of Nuclear Power Plant HVAC systems"

International Bar Association's Committee "T" on International Construction Contracts
      "Delay and Time-Related Claims"

Contributing Author to "Project Management: A Reference Manual for Professionals"
      Chapter entitled "Claims Management"

Northwest Center for Professional Education's Construction Auditing Seminar
     "Claim Elements"

Construction Financial Management Association's Workshop
     "How to Win & Improve Profits (In an Industry with Disastrous Trends)"

Construction Education Management Corporation Engineers News Record Seminar
     "Risk Control Through Effective Project Administration"

Project Management Institute Seminar/Symposium
     "Claims Preparation and Defense"

Presentation to the Construction Super Conference