Paul S Ficca
Office:
3 Times Square
9th Floor
10036
City:
New York
State:
New York
Country:
USA
Tel:
+1 646 576 817

Questions and Answers:

Who's Who Legal Thought Leaders - Construction

The views expressed herein are those of the author(s) and not necessarily the views of FTI Consulting, Inc, its management, its subsidiaries, its affiliates, or its other professionals.

Paul Ficca is the global leader of FTI’s forensic and litigation consulting practice, with over 1,000 professionals in 26 offices. He has 30 years of experience providing services in construction disputes, forensic accounting, fraud investigations and damages analysis. Mr Ficca has served as an expert witness in numerous arbitrations and other court venues. He has experience with energy, transportation, healthcare, water and wastewater, environmental remediation, mixed-use urban development, and hospitality and gaming.

Describe your career to date.

I have thoroughly enjoyed working with a diverse group of clients from many countries, helping them solve complex problems and improve stakeholder value in many types of companies.

What do clients look for in an effective construction expert?

Clients look for experience dealing with the same types of problems that they face. They look for responsiveness and timely service delivery. They look for reliability and clients want results from construction experts they know they can trust. Clients also look for construction experts who are knowledgeable and confident in delivering high-quality service.

How do you see technological developments impacting your practice over the next few years?

Technology is revolutionising construction. Building information modelling (BIM) is removing some of the risks of design conflicts; computer-based project management systems and information-sharing tools are becoming more sophisticated and easy to use. Phone-based apps are making it easier to track production activity, resource and materials management in real time in the field. Project delivery should become more reliable in terms of cost and time with the proper use of these valuable technological developments.

What are the most common sources of construction disputes and how do you think clients can minimise the risks of them occurring?

The most common cause of construction disputes is due to design and scope changes. These types of disputes can be significantly reduced by thoroughly planning the end-users’ requirements and anticipating the amount of late changes that might occur after construction has commenced. Where the potential for project changes exist, employers, architects/engineers and contractors can do well to articulate the protocols for handling the cost and time of such changes in the respective contracts between the parties and to design dispute resolution mechanisms to avoid protracted and expensive arbitrations or litigation proceedings.

How are you seeing contractors and states approach the use of the design-build process?

Design-build projects are more common than ever and often can be an efficient and cost-effective method of project delivery, especially for projects that are not bespoke, one-of-a-kind, special-purpose projects. Often contractors are brought in early to provide pre-construction review services and to provide constructability reviews to spot places where the design completion phase will require special attention even in the earlier preliminary design phases.

What changes are you seeing in terms of competition in the market?

There are many different service providers and competition is strong in the construction expert consulting arena. Project owners are always looking to receive projects faster, better, cheaper. The service professionals who are able to deliver the highest value in terms of results and cost will consistently beat the competition. The construction experts who evolve with the deployment of more efficient and sophisticated data analytics are most likely to do well.

What, in your opinion, is the future of arbitration in the construction field?

Arbitration, especially in well-known international arbitration venues, is likely to remain active for the foreseeable future; however, there is a growing appetite for effective alternative dispute resolution forums, including non-binding mediation and tiered forms of dispute escalation to higher levels of management before arbitrations. These mechanisms encourage earlier settlements of disputes, thereby substantially reducing the cost and time of completing projects.

What advice would you give to a younger expert looking to pursue a career in the construction space?

I highly encourage professionals seeking a career in construction expert witness services to first spend some years on live construction projects in the field; to seek a successful expert witness as a mentor to give valuable guidance on writing clear expert reports that are well documented; and to prepare well for giving sworn evidence.

Biographies:

Who's Who Legal Construction: Expert Witnesses

Paul Ficca is the global leader of FTI’s forensic and litigation consulting practice, with over 1,000 professionals in 26 offices. Mr Ficca has 30 years of experience providing services in construction disputes, forensic accounting, fraud investigations and damages analysis. Mr Ficca has served as an expert witness in numerous arbitrations and other court venues.

Mr Ficca has extensive experience with many types of infrastructure projects, including power generation facilities, petrochemical plants, pipelines, tunnels, highways, bridges, mass transit and rail projects, airports, manufacturing facilities, steel mills, hospitals, gaming and hospitality, and other public and private facilities. Mr Ficca's experience includes engagements related to construction project delays, cost overruns, contractor terminations, differing site conditions, variations, equipment failures, labour productivity issues, and numerous other forms of project impacts.

Mr Ficca has worked on projects involving project delivery methods such as design/build, EPC, EPCM, and cost plus fixed fee and cost-plus percentage fee arrangements, among others.

He is currently serving as quantum expert on a large ICC arbitration matter and has been called to give sworn expert witness evidence in numerous arbitration and court venues.

Mr Ficca has a BA in business administration with an emphasis in accounting from the University of Washington. He is a certified public accountant, a certified fraud examiner and a certified management accountant, and he is certified in financial forensics. He is a member of the American Institute of Certified Public Accountants, the Association of Fraud Examiners and the Institute of Management Accountants.

WWL says: Paul Ficca's "work is always extremely thorough" say clients, who report that "he is very credible on the stand" and "knows his report thoroughly and responds well under cross-examination".

This biography is an extract from Who's Who Legal: Construction which can be purchased from our Shop.

Who's Who Legal Consulting Experts: Experts - Construction - Quantum & Delay

Paul Ficca is a senior managing director at FTI Consulting. He is the global leader of the FTI Forensic and Litigation Consulting segment. Mr Ficca has 30 years of experience as an expert witness on construction projects in locations around the world. He has worked with clients and projects in the major regions of the world, including Europe, Middle East, Latin America, North America and Asia-Pacific. Mr Ficca has provided expert witness evidence on a variety of quantum and economic topics for clients with major capital projects in numerous industries.

Mr Ficca has extensive experience with many types of infrastructure projects, including power generation facilities, petro-chemical plants, pipelines, tunnels, highways, bridges, mass transit and rail projects, airports, manufacturing facilities, steel mills, hospitals, gaming and hospitality, and other public and private facilities. Mr Ficca's experience includes engagements related to construction project delays, cost overruns, contractor terminations, differing site conditions, variations, equipment failures, labour productivity issues, and numerous other forms of project impacts.

Mr Ficca has worked on projects involving project delivery methods such as design/build, EPC, EPCM, cost-plus-fixed-fee and cost-plus-percentage-fee arrangements, among others.

He is currently serving as quantum expert on a large ICC arbitration matter and has been called to give sworn expert witness evidence in numerous arbitration and court venues.

Mr Ficca has a BA in business administration with an emphasis in accounting from the University of Washington. He is a certified public accountant, a certified fraud examiner and a certified management accountant, and he is certified in financial forensics. He is a member of the American Institute of Certified Public Accountants, the Association of Fraud Examiners and the Institute of Management Accountants.

WWL says: Paul Ficca is widely known for his expert damages calculations and expertise advising on a range of infrastructure projects, with notable experience in the Middle East.

This biography is an extract from Who's Who Legal: Consulting Experts which can be purchased from our Shop.

Who's Who Legal Consulting Experts: Experts - Financial Advisory and Valuation - Quantum of Damages

Paul Ficca is a senior managing director at FTI Consulting. He is the global leader of the FTI Forensic and Litigation Consulting segment. Mr Ficca has 30 years of experience as an expert witness on construction projects in locations around the world. He has worked with clients and projects in the major regions of the world, including Europe, Middle East, Latin America, North America and Asia-Pacific. Mr Ficca has provided expert witness evidence on a variety of quantum and economic topics for clients with major capital projects in numerous industries.

Mr Ficca has extensive experience with many types of infrastructure projects, including power generation facilities, petro-chemical plants, pipelines, tunnels, highways, bridges, mass transit and rail projects, airports, manufacturing facilities, steel mills, hospitals, gaming and hospitality, and other public and private facilities. Mr Ficca's experience includes engagements related to construction project delays, cost overruns, contractor terminations, differing site conditions, variations, equipment failures, labour productivity issues, and numerous other forms of project impacts.

Mr Ficca has worked on projects involving project delivery methods such as design/build, EPC, EPCM, cost-plus-fixed-fee and cost-plus-percentage-fee arrangements, among others.

He is currently serving as quantum expert on a large ICC arbitration matter and has been called to give sworn expert witness evidence in numerous arbitration and court venues.

Mr Ficca has a BA in business administration with an emphasis in accounting from the University of Washington. He is a certified public accountant, a certified fraud examiner and a certified management accountant, and he is certified in financial forensics. He is a member of the American Institute of Certified Public Accountants, the Association of Fraud Examiners and the Institute of Management Accountants.

WWL says: Paul Ficca offers clients outstanding expertise on matters including forensic accounting and damages calculations.

This biography is an extract from Who's Who Legal: Consulting Experts which can be purchased from our Shop.

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