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Thought Leaders

Thought Leaders

J Mark Dungan

J Mark Dungan

Delta Consulting Group4330 Prince William ParkwaySuite 301WoodbridgeVirginiaUSA22192

Thought Leader

Thought Leaders - Construction Experts 2020

Q&A

WWL Ranking: Thought Leader

WWL says

Mark Dungan receives accolades for his “great mastery of scheduling issues” as well as his “outstanding forensic skills”.

Questions & Answers

Mark Dungan, Executive Vice President and co-founder of Delta Consulting Group, has over 35 years of experience in the construction industry. He is a testifying expert in matters involving delay, disruption, productivity, and cost estimates. Mr. Dungan has co-authored numerous articles pertaining to loss of productivity, which have been published in domestic and international law journals and industry publications. He has a Bachelor of Science in building construction from Virginia Tech and is a licensed Class A general contractor in Virginia. 

Describe your career to date.

My career has always been focused on the construction industry. I worked for various trade contractors to gain hands-on experience while pursuing my college degree in building construction. After graduating I held positions of increasing responsibility with construction companies. Twenty years ago, I co-founded Delta Consulting Group, focusing on forensic analysis and expert witness testimony.  

How will possible labour shortages affect the approach of clients in their day-to-day processes post covid-19?

Labour shortages were already a significant issue for many clients and covid-19 will likely exacerbate that challenge. Many large projects rely on importing labour from other countries; post covid-19 regulations and travel restrictions could make that more difficult. It is likely that covid-19 will be a catalyst for more focus on prefabricated construction with components being manufactured in controlled environments and then assembled on project sites.

How has improving the baseline methodology for the standard measured mile helped to improve construction labour productivity analysis and projects’ performance? 

The improved baseline method, or IBM, is truly what it says. It drew upon existing approaches to the “Measured-Mile Method” and its variations, and improved upon those by eliminating certain subjective assumptions that were inherent in existing methodologies. The IBM calculates the measured mile based on the characteristics of the data, and thus minimises the expert’s selection subjectivity. This eliminates the critique of “cherry-picking” the measured mile. It also simplifies the process which makes it easier to understand, and thus more credible. However, it does did not replace the most important part of a productivity analysis, which is the significant research effort required by the expert to prove the causation cause of the lower productivity. 

Experts have recognised that the construction industry is evolving, and owners and contractors are becoming increasingly short-term focused. What impact is this having on construction disputes?

Construction is a risky business for both owners and contractors, so it is not surprising that disputes arise. However, the approach to resolution has changed significantly during the span of my career. When I began my career, claims were largely frowned upon, which I believe was partly due to the limitation of exchanging factual cause and effect analysis. The contractor and owner executives would strive to resolve disputes through negotiation to preserve their business relationship. More recently, contractors are becoming more assertive in the pursuit of claims. I believe this is partly due to the relatively recent advancements in CPM scheduling and productivity analysis. However, if the contractor uses those tools to present factual and reasonable claims, my experience has been that the disputes can be resolved, and relationships maintained. 

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

My most interesting case really has not been a specific project. Rather it has been the good fortune of working on cases around the world and experiencing the unique approaches to construction and adapting the analysis to the location. For example, many projects in Canada have a shortened construction period due to weather conditions. Therefore, much of the work includes premanufactured goods and then labour is used to connect the modules at the project site. In other areas of the world where the weather is not a consideration and labour is relatively inexpensive, it is more cost effective to assemble the goods manually at the project site.

How do you see technological advances impacting construction delay claims? 

The most significant benefit comes from the expanded use of tablets and smart phones on construction sites. This has enhanced the ability to contemporaneously document the cause and effect of the delay, as well as the disruption events, beyond anything previously available. Contractors that are embracing these technological advances are better positioned to prevail on the claims that they may ultimately need to submit. Another positive benefit of this documentation is the real-time submission of these disruption events to the responsible party. I have seen this real-time submission result in the responsible party correcting the event, which is an ideal outcome for the project.  

Is there an important role for more experienced experts like yourself in guiding and mentoring younger practitioners at the start of their careers? 

Absolutely. It takes years of experience to become qualified as an expert. It is a career commitment and there are no shortcuts. It is important that younger practitioners set out in the right direction from the beginning. They need to understand the value and importance of becoming an independent expert in the dispute resolution process. I work with younger practitioners at Delta to help them understand the considerable amount of detailed research and analysis that is required to form and support an expert opinion. They must also learn to appreciate that an effective expert must not only have a technical mastery of their particular field of expertise, they must also be very accomplished in the art of effectively communicating their opinions. 

Global Leader

WWL Ranking: Recommended

WWL says

Mark Dungan receives accolades for his “great mastery of scheduling issues” as well as his “outstanding forensic skills”.

Biography

J Mark Dungan is executive vice president and co-founder of Delta Consulting Group, an international consulting firm of multidisciplined professionals in engineering, accounting, construction, project management and litigation support. He has over 40 years of experience in the construction industry derived from several positions, beginning as a field engineer and construction manager of a multibillion-dollar corporation and growing through operations; division manager; and equity owner of a real estate development and construction company.

Mr Dungan’s years of service working as a construction and project manager on construction sites has given him an in-depth understanding of construction means, methods and the value of good project controls, such as scheduling cost and productivity controls.  Building on that experience, he honed his skills as a claims consultant with an international consulting and accounting firm. Mr Dungan is now sought out by public and private entities and by both plaintiffs and defendants to provide expert witness testimony on critical litigation matters.

Mr Dungan is a testifying expert in matters involving delay, disruption, cost estimates and construction defects. He has co-authored numerous articles pertaining to loss of productivity, which have been published in domestic and international law journals. He is a regular presenter on this subject at the AACE national conference and co-authored a peer reviewed article entitled “Improved Baseline Method to Calculate Lost Construction Productivity”, which was published in the ASCE Journal of Construction Engineering and Management in February 2014.

Mr Dungan has a BS in building construction from the Virginia Polytechnic Institute State University. He is a licensed Class A general contractor in Virginia, USA.  

WWL Ranking: Recommended

WWL says

Mark Dungan’s “great credibility as a witness” and “careful analysis” makes him a firm favourite for construction matters requiring top-tier testifying experts.

Biography

J Mark Dungan is executive vice president and co-founder of Delta Consulting Group, an international consulting firm of multidisciplined professionals in engineering, accounting, construction, project management and litigation support. He has over 40 years of experience in the construction industry derived from several positions, beginning as a field engineer and construction manager of a multibillion-dollar corporation and growing through operations; division manager; and equity owner of a real estate development and construction company.

Mr Dungan’s years of service working as a construction and project manager on construction sites has given him an in-depth understanding of construction means, methods and the value of good project controls, such as scheduling cost and productivity controls.  Building on that experience, he honed his skills as a claims consultant with an international consulting and accounting firm. Mr Dungan is now sought out by public and private entities and by both plaintiffs and defendants to provide expert witness testimony on critical litigation matters.

Mr Dungan is a testifying expert in matters involving delay, disruption, cost estimates and construction defects. He has co-authored numerous articles pertaining to loss of productivity, which have been published in domestic and international law journals. He is a regular presenter on this subject at the AACE national conference and co-authored a peer reviewed article entitled “Improved Baseline Method to Calculate Lost Construction Productivity”, which was published in the ASCE Journal of Construction Engineering and Management in February 2014.

Mr Dungan has a BS in building construction from the Virginia Polytechnic Institute State University. He is a licensed Class A general contractor in Virginia, USA.  

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