The views expressed herein are those of the author and not necessarily the views of FTI Consulting, Inc, its management, its subsidiaries, its affiliates, or its other professionals.
Patrick A McGeehin is a senior managing director and global leader of FTI Consulting’s construction and government contracts group. His primary emphasis over 40 years of experience has been in damages computations on large contract disputes. He has provided expert testimony expert testimony in live hearing and deposition situations on over 200 occasions, including international arbitration appearances. He has assisted in large disputes with governments and private owners, developers, construction companies, sureties and government contractors.
What do you enjoy most about practising as a construction consultant?
The variety of projects that I get involved with and the challenges in dealing with large amounts of data and trying to simplify it for presentations to judges or tribunal members. In addition, in the process of working in this field, you meet a lot of intelligent and talented lawyers and other professionals.
You have published works on construction accounting and lost profits. How does this sort of analysis support your day-to-day practice?
Publishing gives a professional another layer of credibility when testifying, but it is important to make sure that the articles or book chapters are completely thought-out, and that the applicability (or limitations) of the opinions presented in the publications are clear.
What has been your greatest achievement to date?
Seeing construction and government contracts professionals whom I have mentored get the opportunity to testify on cases and do well in an expert capacity.
You joined FTI in 2008 from the firm you co-founded. What are the main differences between practising in your own firm and at FTI?
Fundamentally, it is the breadth of the practice area here at FTI, as compared to the firm I had started and managed for over 28 years. At FTI, we have professionals with construction scheduling and other engineering experience and skills; at my prior firm, we focused exclusively on accounting and damages, and did not provide scheduling/engineering services to our clients.
In addition, at FTI we also can tap into other practice areas that can sometimes be of assistance to our clients on a case. These include technology/data analytics support, investigative services, and trial support/graphics expertise. These types of services were not offered by my prior firm.
As the global leader of construction solutions at the firm, how do you ensure FTI Consulting remains a leader in the market?
We always say that we are as good as our last job. As such, we stress quality and attention to detail. We are also constantly on the lookout for talent in the construction consulting space, seeking to identify professionals we can bring into FTI who have similar objectives for quality and growth.
You have considerable experience providing expert testimony before different courts and board forums. What advice would you give to someone giving expert testimony for the first time?
There are several things that I tell younger professionals testifying early in their careers. Some of them are obvious but should not be taken lightly – things like listening to the question being asked and always being honest and direct with your answers. Others are a bit more subtle, and include developing your own style and method of presenting materials and answering questions. I have observed that some professionals try to imitate the approach and style of someone else, and that is not normally the best approach. It is much better to work within your own personality and demeanour and not try to present like another person – even if you view them as successful and effective.
How do government contracts cases differ from other construction disputes?
The government contracts practice at FTI is primarily a US-focused practice, whereby some of our accounting professionals are expert in the cost accounting standards and FAR cost principles governing US government contracts. In addition, a “government contracts” practice can also be viewed as one that deals with construction disputes that involve a contract with the government of the US; a state or municipality; or a foreign country. In many cases, these construction disputes are very similar to commercial disputes – the key is that you must be aware of unique terms in the contracts that deal with things such as notice, cost limitations and schedule updating requirements.
How do you see the firm’s practice evolving in the next three years?
For FTI, I see continued growth and expansion for the construction practice, and the opening and expansion of offices throughout the world. We have opened offices recently in new parts of the world, including Germany, Spain, Ireland, Canada and Australia, and areas in the US and the Middle East. I see this expansion continuing.