Mediator Resume

Holmquist Geotechnical Group, LLC – President

Civil Engineer, Geotechnical Engineer, Pavement Engineer and Materials Engineer; Construction Manager, Construction Partnering Facilitator, Construction Arbitrator and Mediator

Professional Engineer, Sole Proprietor, 2009 – Present; President/Vice President/Project Manager, CTL/Thompson, Inc., 1976 – 2009; Project Supervisor, Geotek, 1975 – 1976; Research Associate, University of Texas, 1973 – 1975.

Experience includes over 50 years as a practicing engineer with projects ranging from single-family residences to major transportation facilities such as Denver International Airport, Texas State Highway 130, and I-70 through Glenwood Canyon. Expertise in expansive soils, foundation and slab distress, slope stability, subsidence engineering and mitigation, pavement design and construction, subsurface drainage, grading and drainage, construction materials, and testing and inspection of construction. Experience as an expert witness in construction-related disputes for over 40 years in cases ranging from residential to 300-million-dollar construction disputes. Over fifty cases as expert witness in pavement related distress including the 300 million dollar dispute on State Highway 130 in Texas. Also served as expert for Denver International and DFW airports. Authored pavement design and construction specifications for the Denver Metropolitan Pavement Engineers Council and Frisco, Texas. Over 35 years as AAA Mediator and Arbitrator serving on cases involving Construction Disputes. Cases include large, complex cases with over 15 parties and values over 30 million dollars.

Active in ADR as both a mediator and arbitrator for over 15 years. Served as a voting member of the National Construction Dispute Resolution Committee (NCDRC) for over 14 years. Has mediated over 30 cases ranging in value from $3000 to $20,000,000. Disputes have involved homeowner-builder/design professional, owner-contractor (including several multi party disputes with owner-contractor-subcontractors-design professionals), contractor-subcontractor, contractor-design professional and between owner-design professional. Disputes have been construction related and included quantity disputes, delay claims, performance claims and distress claims. Most distress claims have revolved around either expansive or settlement prone soils and included residences, commercial buildings, industrial facilities and major transportation facilities (runways, buildings, highways etc.) Other technical disputes have been regarding unforeseen conditions claims, delay claims, improper design (errors and omissions), difficult conditions including hard rock, boulders, groundwater and soft soils.

Of more than 30 cases, about six (6) have been homeowner-builder disputes, ten (10) contractor-subcontractor, three (3) owner-contractor, four (4) owner-design professional and the remaining large complex cases involving multiple parties. The subject of thirteen (13) of the disputes have been foundation or floor slab distress due to soil problems; six (6) - compaction, six (6) - expansive soils, and one (1) - settlement/groundwater. Professional standards and contract disputes are commonly issues. The remaining cases involve construction claims which are extremely varied in nature; delay claims, non-performance, payment disputes, materials/quality disputes and design errors and omissions.

I believe every case can be mediated to a successful conclusion as long as the parties are willing to bargain meaningfully. The mediation process is viewed as a maze with each path a new option which may or may lead to a way out. The beauty of mediation is the variety of solutions available to the parties; the limits are only the boundaries of imagination. Creative solutions can be services, products, additional work, credits, future work or anything of value to the party. My philosophy begins with the preliminary meeting. It is desired that the parties and their representatives be present. This provides the group with the knowledge that the principles are serious about settling the issue(s). During the meeting, the dispute is clarified to only a few issues and the agreement is made to treat each other and the process fairly. The process is explained and the roles of the parties, their representatives and the mediator are presented. Dates, times and locations are decided. My specific approach to the negotiation session is to begin the session with a clear statement of the objectives and processes in mediation, followed by an introduction of the parties and their representatives (making sure that parties have the power to settle). Presentations are then provided by both sides to illustrate their case and clarify the issues solved and remaining; often a few minutes of rebuttal are allowed. The parties then break into separate caucus rooms and I will listen to the private side of the issues under the promise of silence. I feel the allows the parties to vent in private and become more focused on solutions. I try to bring the parties together is a thoughtful process considering the outcomes available.

University of Texas at Austin (MSCE, Geotechnical Engineering-1975; BSCE with honors, Civil Engineering-1973).

Registered Professional Engineer: Colorado (1979), Texas (1979), Wyoming (1980), Utah (1982), Nevada (1995), Arizona (2000), Montana (2014), Louisiana (2016). Certified Consulting Engineer: Colorado (1990). Certified Expert Witness: Colorado (1993) ACEC (1995). Instrument Rated Private Pilot.

American Consulting Engineers Council (Fellow); Association of Asphalt Paving Technologists; American Council of Independent Laboratories; Transportation Research Board; American Society of Civil Engineers; American Arbitration Association (National Construction Dispute Resolution Committee).

Over 20 published papers on topics such as Design of Offshore Platforms, Dispute Avoidance and ADR, Subsidence Engineering, Pavements, Expansive Soils, etc. List available upon request. Over 200 professional presentations and speaking engagements.

Central Texas

Hourly Rate: $350.00 Daily Rate: Not provided Study Rate: $300.00/hr Cancellation: $3,000.00/Day Cancellation Period: 10 Days Comment: Minimum billing of $3000.00. Cancellation policy: Full Charge for scheduled time if cancelled or postponed within 5 days of scheduled mediation. 50% of fee if cancelled within 10 days of scheduled mediation.

English

United States of America

Georgetown, Texas