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Thought Leaders

Thought Leaders

Dakus Gunn

Dakus Gunn

Delta Consulting Group4330 Prince William ParkwaySuite 301WoodbridgeVirginiaUSA22192

Thought Leader

WWL Ranking: Global Elite Thought Leader

WWL says

Dakus Gunn is “extremely knowledgeable about construction” with clients stating that his “insights into the management of large projects outside the US are invaluable”.

Questions & Answers

Dakus Gunn grew up in the construction industry and has served as a consultant and testifying expert for nearly 20 years.  Mr Gunn currently provides expert testimony in the disciplines of delay, productivity and quantum analysis.  He has testified in multiple ICC arbitrations and US court proceedings, and consulted on numerous projects involving a wide variety of industries including transportation, hydroelectric, coal-fired and wind farm power plants; heavy civil projects including dams, tunnels bridges and roads; and onshore and offshore energy production facilities.

What has been your most interesting case to date, and why?

Using productivity analysis to facilitate delay and quantum analysis. Productivity analysis is a means by which we refute claims, validate schedules, substantiate damages, etc. During the past year, I have noticed a surge in cumulative impact claims. I have had the opportunity to execute these claims, as well as defend against them with increasing success because of our firm’s focus on being active practitioners and industry leaders in the productivity analysis field.

What do you enjoy most about your current role?

I enjoy working on truly difficult cases with a team of Delta experts. These are the cases where a client comes to us with a problem that no one else can solve. It is on these matters that we get to fully test our experience, knowledge and creativity to provide a realistic and supportable conclusion.

You have seen a rise in termination cases recently, especially in Latin America. Why is this the case?

Complex financing; contracts influenced by the laws of different nations; and political demands on the infrastructure and power industry have led to pressures on contractors to advance projects quickly. Many of these projects are being performed in regions for the first time, often in a place where they are training a labour force. This environment is ripe for disputes that accumulate until one party or another reaches an internal “termination” threshold.

Peers have identified a rise in joint venture construction projects in the US. How do you expect this to impact expert practice?

Our clients are interested in becoming more proactive in resolving complex disputes before they proceed to litigation. This requires our teams to be more varied, become immersed in the project quickly, and work to package the dispute in the right way to help resolve these issues proactively. This makes our experience in litigation, and our understanding of how companies fail to execute claims properly, highly desirable.

How does Delta Consulting Group distinguish itself from the competition?

Most of Delta’s competition has one or two testifiers that manage all the work with analysts and consultants beneath them. Delta is a firm comprised of about 20 testifiers, and what sets us apart is that we use a generational approach, whereby we train our personnel to become experts who are ready to respond to client requests with direct interaction. In using this method, we find that Delta’s work product is enriched, and we are always ready to respond to our clients’ needs with an added bonus that our people gain more exposure, training and confidence equipping them to spread their wings and see what they are capable of doing.

How has the rise of e-discovery platforms impacted practice?

Image load times and lack of identification cause a lot of difficulties for experts. Many times, we wait for several seconds for an image to load only to quickly realise that it is of no interest to us. This is an inefficiency that is difficult to overcome. GDPR compliance adds additional layers of complexity that we need to find quick and easy solutions for, considering the pressure to reduce arbitration timetables and increase efficiency.

Where, in your opinion, does the future of the practice area lie?

Expert firms are required to adapt to new types of projects and the demand for reduced dispute resolution timelines. This requires increased efficiency and adaptability in order to maintain the quality of our analyses. The firms with broad diversity in experience, perspective and cultures will increasingly become more attractive than the standard silo, single testifier firm because we can quickly mobilise incredibly capable and diverse professionals, instead of treading water until the expert is available.

You have enjoyed a very distinguished career so far. What would you like to achieve that you have not yet accomplished?

I hope to continue to train and guide the next generation of experts in our firm to see them further our ideals in the industry. In addition, I would like to one day serve as a tribunal-appointed expert, as the ability to have a direct and open line of communication with the tribunal would be truly fascinating to me.

Thought Leaders - Construction Experts 2020

Q&A

WWL Ranking: Thought Leader

WWL says

The “very professional” Dakus Gunn is renowned for consistently doing an “outstanding job” in quantum and delay analysis.

Questions & Answers

Dakus Gunn grew up in the construction industry and has served as a consultant and testifying expert for nearly 20 years. Mr. Gunn currently provides expert testimony in the disciplines of delay, productivity and quantum analysis. He has testified in multiple ICC Arbitrations and United States Court proceedings and consulted on numerous projects involving a wide variety of industries including transportation, entertainment and sports arenas, onshore and offshore renewable/non-renewable energy production facilities, and military installations.

How can clients avoid some of the most common issues in construction disputes?

In the world of delay and quantum disputes there is always something unplanned that arises. The question becomes who is responsible for the potential economic consequences of that event. When this happens, the people who are directly involved with the unplanned event must know how to follow the contract instructions so they can deal with the problem immediately. They must use this process to limit exposure and work towards an effective solution.

Why is mediation becoming more popular as a form of dispute resolution and what are the qualities of a good mediator?

Mediation, done properly, is one of the last moments when the outcome of a case is under the complete control of the parties. Excellent mediators typically have an arsenal of techniques at their disposal. They have developed methods that will help persuade the parties to talk to one another. Also, a good mediator can help each party see the weaknesses of their own case. This form of dispute resolution allows the more rational decision makers to find an alternative resolution before the case is handed over to a third party. 

What do you think will be the greatest challenges facing construction experts over the next five years and how will you ensure you are prepared to face them?

With technology rapidly evolving in the construction industry, the way contractors and owners monitor and assess progress has changed. There is a phenomenal amount of data available for expert firms to analyse. Only those firms that cultivate people who have the technical capabilities to use and analyse this data, will be able to effectively work in this environment. At Delta, we pride ourselves on recruiting experts who have a variety of backgrounds and disciplines. We have found that they often bring unique ways to handle data, they are familiar with new software, and they know how all of this can best be used in a case.

In your opinion what can be done to diversify the construction industry at senior levels?

The benefits of diversifying executive level and project management teams through effective and open-minded recruiting has dramatic consequences on the culture of a construction company or a consulting firm. This demonstrates a commitment to different perspectives and community learning. When companies encourage diversification, all parties benefit from the shared knowledge of different backgrounds and perspectives. If everyone thinks the same way, there is little to no growth in the organisation.

What impact will covid-19 have on construction projects and in litigation?

Construction in general has always had a culture of protection and safe distancing as it is the only way to perform the dangerous work of construction safely. However, construction projects must react quickly when an outbreak like covid-19 arises. The quicker the reaction, the more successful the project. Additional resources and costs, for example, contact tracing and testing, will be required to ward off the danger of covid-19 on the labour force. Additionally, companies with systems in place to monitor real-time progress at the site, such as virtual walk-through inspections to see what work has been completed, will be more capable of meeting this new challenge. 

Regarding litigation, I recently participated in a virtual hearing due to covid-19, which went well, but the virtual platform definitely affected the process. I believe the technology we are using during covid-19 will help us all be more efficient post covid-19, especially on large international cases.

What advice would you give younger experts undertaking their first cross-examination or hot-tubbing proceeding? 

Put yourself in the opposing expert’s shoes and ask yourself how you would attack your opinions and positions on certain matters. Once you learn to do this far in advance, you can anticipate these attacks with more careful analysis and written evidence. If your analysis is clear, transparent, and objective, then you have nothing to fear from any line of questioning as all you are doing at that point is teaching and explaining.

You have enjoyed a very distinguished career so far. What would you like to achieve that you have not yet accomplished?

Continuing to train the next generation of experts to uphold and surpass the standard that Delta has set in the industry is the most rewarding thing I can think of. Watching someone evolve and develop the skills to work as an effective expert is truly the ultimate accomplishment.

Global Leader

WWL Ranking: Recommended

WWL says

Dakus Gunn is a prominent specialist on delay, quantum and productivity matters, principally in construction, infrastructure and energy cases.

Biography

Dakus Gunn, director of the Delta Consulting Group, has served as an expert in dispute resolution for over 17 years. He provides expert analysis, opinions and testimony in complex construction litigation and arbitration on numerous matters involving delay, damages and loss of productivity.

Mr Gunn’s experience spans a broad range of projects including international airports; energy and power (wind, hydroelectric, coal, oil and gas); transportation (light rail, bridge, and interstate construction; and multibillion-dollar infrastructure projects. His international experience includes disputes in Africa, Europe, South America, Middle East and Central America. Mr Gunn has provided expert analysis and/or testified in venues such as AAA Arbitration; ICC Arbitration; DIAC Arbitration; US federal and state courts; mediations; dispute adjudication boards; and other alternative dispute resolution venues.

He has provided expert opinions on complex delay analysis for projects including 700-acre land developments, international airports, urban high-rises, and major urban infrastructure projects. Mr Gunn has also presented damages to DCAA auditing authorities and provided numerous expert reports relating to damages on construction projects for owners, engineers, contractors and suppliers. He has also provided expert opinions and analysis on the loss of productivity for labour forces numbering in the thousands on projects such as two US$5 billion coal fire power plants in South Africa; a US$1 billion expansion of a Middle Eastern airport; and a US$457 million baseball stadium.

Mr Gunn has a BSc in economics, and a BSc in brain and cognitive science, from the Massachusetts Institute of Technology.

Delta Consulting Group is an international consulting firm of multidisciplined professionals in engineering, accounting, construction, project management and litigation support.

WWL Ranking: Global Elite Thought Leader

WWL says

The “very professional” Dakus Gunn is renowned for consistently doing an “outstanding job” in quantum and delay analysis.

Biography

Dakus Gunn, senior director of Delta Consulting Group, has served as an expert in dispute resolution for over 18 years. He provides expert analysis, opinions and testimony in complex construction litigation and arbitration on numerous matters involving delay, damages and loss of productivity.

Mr Gunn’s experience spans a broad diversity of projects including international airports, energy and power industry (wind, hydroelectric, coal, oil and gas); transportation (light rail, bridge, and interstate construction); and multibillion-dollar infrastructure projects. His international experience includes disputes in Africa, Europe, South America, the Middle East and Central America. Mr Gunn has provided expert analysis and/or testified in venues such as AAA Arbitration, ICC Arbitration, DIAC Arbitration, United States federal and state courts, mediations, dispute adjudication boards, and other alternative dispute resolution venues.

He has provided expert opinions on complex delay analysis for projects including 700-acre land developments, international airports, urban high-rises and major urban infrastructure projects. Mr Gunn has presented damages to DCAA auditing authorities and provided numerous expert reports relating to damages on construction projects for owners, engineers, contractors and suppliers. He has also provided expert opinions and analysis on the loss of productivity for labour forces on projects numbering in the thousands, such as two US$5 billion coal fire power plants in South Africa, a US$1 billion expansion of a Middle Eastern airport, and a US$457 million baseball stadium.

Mr Gunn has a BSc in economics, and a BSc in brain and cognitive science, from the Massachusetts Institute of Technology.

Delta Consulting Group is an international consulting firm of multidisciplined professionals in engineering, accounting, construction, project management and litigation support.

WWL Ranking: Recommended
WWL Ranking: Recommended

WWL says

Dakus Gunn has “an excellent ability to explain with clarity complex technical issues” and is held in high esteem for “his around-the-clock availability” and ability to “handle cross-examination extremely well”.

Biography

Dakus Gunn, senior director of Delta Consulting Group, has served as an expert in dispute resolution for over 18 years. He provides expert analysis, opinions and testimony in complex construction litigation and arbitration on numerous matters involving delay, damages and loss of productivity.

Mr Gunn’s experience spans a broad diversity of projects including international airports, energy and power industry (wind, hydroelectric, coal, oil and gas); transportation (light rail, bridge, and interstate construction); and multibillion-dollar infrastructure projects. His international experience includes disputes in Africa, Europe, South America, the Middle East and Central America. Mr Gunn has provided expert analysis and/or testified in venues such as AAA Arbitration, ICC Arbitration, DIAC Arbitration, United States federal and state courts, mediations, dispute adjudication boards, and other alternative dispute resolution venues.

He has provided expert opinions on complex delay analysis for projects including 700-acre land developments, international airports, urban high-rises and major urban infrastructure projects. Mr Gunn has presented damages to DCAA auditing authorities and provided numerous expert reports relating to damages on construction projects for owners, engineers, contractors and suppliers. He has also provided expert opinions and analysis on the loss of productivity for labour forces on projects numbering in the thousands, such as two US$5 billion coal fire power plants in South Africa, a US$1 billion expansion of a Middle Eastern airport, and a US$457 million baseball stadium.

Mr Gunn has a BSc in economics, and a BSc in brain and cognitive science, from the Massachusetts Institute of Technology.

Delta Consulting Group is an international consulting firm of multidisciplined professionals in engineering, accounting, construction, project management and litigation support.

WWL Ranking: Recommended

WWL says

Dakus Gunn is highlighted as "very good at testifying and being cross-examined" and possesses "excellent analytical skills". Sources add, "Dakus is great at explaining complex issues in an easy to understand manner."

Biography

Dakus Gunn, senior director of Delta Consulting Group, has served as an expert in dispute resolution for over 18 years. He provides expert analysis, opinions and testimony in complex construction litigation and arbitration on numerous matters involving delay, damages and loss of productivity.

Mr Gunn’s experience spans a broad diversity of projects including international airports, energy and power industry (wind, hydroelectric, coal, oil and gas); transportation (light rail, bridge, and interstate construction); and multibillion-dollar infrastructure projects. His international experience includes disputes in Africa, Europe, South America, the Middle East and Central America. Mr Gunn has provided expert analysis and/or testified in venues such as AAA Arbitration, ICC Arbitration, DIAC Arbitration, United States federal and state courts, mediations, dispute adjudication boards, and other alternative dispute resolution venues.

He has provided expert opinions on complex delay analysis for projects including 700-acre land developments, international airports, urban high-rises and major urban infrastructure projects. Mr Gunn has presented damages to DCAA auditing authorities and provided numerous expert reports relating to damages on construction projects for owners, engineers, contractors and suppliers. He has also provided expert opinions and analysis on the loss of productivity for labour forces on projects numbering in the thousands, such as two US$5 billion coal fire power plants in South Africa, a US$1 billion expansion of a Middle Eastern airport, and a US$457 million baseball stadium.

Mr Gunn has a BSc in economics, and a BSc in brain and cognitive science, from the Massachusetts Institute of Technology.

Delta Consulting Group is an international consulting firm of multidisciplined professionals in engineering, accounting, construction, project management and litigation support.

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