Jeffrey E Fuchs
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Questions and Answers:

Who's Who Legal Thought Leaders Global Elite

Jeffrey E Fuchs, PE, CPA, president and co-founder of Delta Consulting Group, has over 35 years of experience in the engineering and construction industries. His expertise includes analysis and resolution of contract disputes, including schedule and delay analyses, quantum calculations, and productivity impacts; forensic engineering and accounting; and expert witness testimony. Mr Fuchs has a BS in civil engineering and an MS in construction engineering and management from the University of Maryland.

Why did you decide to set up Delta Consulting Group?

On 6 April 2000, Mark Dungan and I established Delta Consulting Group. We both had extensive experience in the construction industry and the expertise to provide clients with delay, damages and loss of productivity expert witness services. We both had a desire to create, develop and manage a consulting company that would provide clients with cost-effective, high-quality work, and we wanted to foster an entrepreneurial environment for our employees. Our vision for the company, which remains today, is to provide: exceptional client service; an excellent work product; fertile ground for growth for employees; and a commitment to our clients, colleagues and friends that Delta is “making the difference”.

Having previously worked for Big Four consulting firm Ernst & Young, what would you say are the key differences for experts working in large firms and boutique outfits?

At Delta, we make a commitment to our clients that our experts will stay involved in their case from beginning to end. Often in the Big Four, the experts cannot make that commitment. In addition, we are efficient and are more cost-effective for our clients. When a client retains a top Big-Four expert, their rate structure is usually higher than a boutique firm.

What advice would you give to an expert looking to establish their own consulting firm?

I would advise them to keep an entrepreneurial spirit and foster growth at their firm. When you are first starting out, you must have the qualifications and experience to attract business; however, you also have to be able to manage and recruit experts. Once you accomplish all of that, you have to guard your firm’s reputation; you do that by maintaining an ownership mentality and hiring, training, and mentoring absolutely the best professionals in the industry. That is how Delta has remained successful.

How has the construction industry changed over the course of your 35 years in the industry?

Construction projects have become larger and more complex, with multinational companies working on them. As a result, the litigation and arbitration cases have also grown more complex. These multibillion-dollar projects create high-risk exposure for owners and contractors. The stakes in these mega-construction cases have grown substantially over the past 35 years.

How does your experience in operations and project engineering for large companies, and at a government agency, enhance your expert consultancy practice?

Collectively, these experiences provide me with different perspectives in a variety of industries. I have personally experienced the full cycle of a construction project, so I know what can go wrong. I have worked on many diverse projects during my career. This has included everything from delay and damage cases involving billion-dollar canals and dams to buildings to satellites and securities fraud class action matters. Like many experts at Delta, because I have “walked in my client’s shoes” this is a real value-add for my clients because I understand their business.

Sources report that hot-tubbing is increasingly common within the construction space. How has this affected your practice?

I have been involved with hot-tubbing as well as the use of joint reports, which allows the experts involved in the case to narrow the differences in the pretrial stage. Hot-tubbing provides a less formalised and more streamlined approach for the parties involved. The ultimate goal is a narrowing of the differences between the parties, and it makes the legal process more effective and easier for everyone, especially for the tribunal.

What, if anything, do you still hope to accomplish in your career?

I hope to continue growing and developing Delta worldwide. I enjoy working with and mentoring our experts as they embrace Delta’s core values in everything they do. I hope to continue working on complex and interesting cases with the amazing experts at my firm.

Who's Who Legal Thought Leaders - Construction

Jeffrey E Fuchs, PE, CPA, president and co-founder of Delta Consulting Group, has over 35 years of experience in the engineering and construction industries. His expertise includes analysis and resolution of contract disputes, including schedule and delay analyses, quantum calculations and productivity impacts; forensic engineering and accounting; and expert witness testimony. Mr Fuchs has a BS in civil engineering and an MS in construction engineering and management from the University of Maryland.

Describe your career to date.

My educational background in engineering, accounting and construction, along with working on hundreds of complex cases for the past 35 years, enables me to look at cases from many different perspectives. I enjoy providing expert testimony on delays, quantum and productivity. One of the most important skills that I have developed over the years is the ability to effectively communicate complicated findings and outline the possible options for all parties involved in the case. I have found that in my career as a consultant, honesty with my clients and their lawyers has been one of the most important aspects of the engagement.

What differentiates Delta Consulting Group from competitors in the market?

Delta Consulting Group has a world-class presence in the market, and was recently identified as one of the GAR “Power 30” firms. According to GAR, “In terms of activity versus size, Delta Consulting comes out as an impressive contender in our table of energy and construction arbitrations”. Delta is one of the few consulting firms that can provide the full range of construction litigation and arbitration services including loss of productivity, schedule and delays, and quantum/damages. In addition, we take great pride in our commitment to provide the highest-quality work product, every time for every client. When Delta is retained, the client knows that the expert who is hired will be involved in the case from beginning to end.

Your practice covers a wide range of matters. What area do you most enjoy working on?

I appreciate great diversity in my work. I testify on cases involving delay, loss of productivity and quantum analysis. Recently, I have enjoyed working on international arbitration and UNCITRAL matters on large mega projects including power plants, industrial facilities, bridges, tunnels and canals. For example, working on the Panama Canal project has been particularly rewarding.

What are the main challenges associated with loss of productivity analyses in the calculation of damages?

While loss of productivity analysis is a core strength at Delta, we recognise that it is not as widely recognised outside the United States. Although it can be difficult to prove, it is important to recognise that the expert must establish causation and follow the proper methodologies and procedures.

Which types of projects are resulting in the most disputes at the moment? Why do you think this is?

Recently, we have experienced an increase in disputes in the energy and power industries. Energy is a significant component of every aspect of modern life and impacts every country in the world. Virtually every type of fossil fuel, wind, solar, traditional generation and fuel production, along with generation, transmission, distribution and storage, involves construction contracts and a variety of parties. If one of these projects experiences delays, defects, quantum, or loss of productivity, there is a good chance that the owner and contractors will require experts to resolve the dispute.

What has been your greatest achievement to date?

My greatest achievement to date is growing Delta Consulting Group into a worldwide consulting firm. Delta has developed into a highly credentialled team of multidisciplined professionals with various advanced degrees and licences in engineering, accounting and construction (many are licensed professional engineers and certified public accountants). In addition, the majority of our professional team has served as expert witness testifiers.

How would you like to see your practice develop over the next five years?

We developed a robust five-year plan for growth that includes a commitment to maintain our culture and quality work product. A key part of the plan is to continue the expansion of our international practice. Our current strengths are in the US, Europe and Latin America and we have recently developed additional alliances in the Middle East and in China. Because we can handle so many components of a case, growing worldwide is a natural path for Delta.


Who's Who Legal Construction: Expert Witnesses

Jeffrey E Fuchs, PE, CPA, president and co-founder of Delta Consulting Group, has over 30 years of experience in the engineering and construction industries and has testified in over 60 cases in Europe, Asia, the Middle East, Africa, North America, South America and Mexico. He has provided testimony for complex litigation and arbitration on numerous matters involving delay, disruption, damages, loss of productivity and defects, among others.

Mr Fuchs has extensive experience in the areas of energy (including nuclear, coal, fossil fuel, wind, hydroelectric), oil and gas, water and waste-water, rails, subways, bridges, roads, tunnels, dams, buildings (including airports, courthouses, prisons, hospitals, data centres, schools, hotels), and manufacturing. He has testified in federal and state courts throughout the United States; at ICC arbitrations in Spain, the United Kingdom, France, Switzerland, Mexico and New York; at UNCITRAL in Qatar and Switzerland; and at the ICDR in New York.

Mr Fuchs has a BS in civil engineering and an MS in construction engineering and management from the University of Maryland, and is a licensed professional engineer and a certified public accountant. He is a retired US Air Force Reserve civil engineering officer. Prior to founding Delta, Mr Fuchs was the area director for Ernst & Young's construction industry consulting services for the mid-Atlantic US region. Additionally, he has served as an arbitrator and mediator and has lectured extensively and published numerous articles and books.

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

WWL says: Jeffrey E Fuchs is “one of the best experts out there” according to sources. He boasts over 30 years’ experience testifying in international dispute resolution proceedings.

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

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