Construction Project or Program Executive; or, Construction Contracts or Legal executive
P. Thomas Gard, Esq. P.E., PMP, LEED
Yindu Road, 759 Lane, Bldg 418
Shanghai, China 201108
(86) (21) 61139738 residence office
(86) 15921609285 mobile
Summary
Mr. Gard has over 35 years experience in construction management and design management of federal, military, state and commercial projects, domestically and overseas; construction litigation as an attorney on the side of owner’s and government; senior counsel for America’s largest ‘Pure Engineering†firm – Parsons Brinckerhoff, Inc: and, as a consultant in analyzing construction claims and educating at the graduate level. Mr. Gard provided “hands on†construction management of facility renovation and construction projects from those valued in the millions of dollars utilizing small and disadvantaged businesses to program management of major pubic works projects valued in the hundreds of millions of dollars involving internationally regarded contractors such as Bayer Technology Services, Peter Kiewit, Morrison-Knudsen, Taylor-Woodrow, and Dillingham, domestically and abroad.
At Bayer Technology Services, he is the Head of Project Managers, however, that title represents a small portion of his responsibilities. He oversees fifteen project managers with staff, executing the engineering, procurement and construction management of multiple Chemical Plant projects for Bayer and External customers. With respect to his duties, he guides , teaches and counsels expertly on issues of construction and engineer management, scheduling and CPM use, cost control and analysis, financial forecasts, Earned Value Management and project commissioning. He is an attorney as well as registered engineer, and thus, has wide responsibilities in engineering agreement formation, contract modification, claims analysis and resolution, and negotiations.
As a Corps of Engineers officer, later as a construction litigator, and finally as the senior counsel for PB Construction Services, he managed hundreds of change orders and claims for heavy construction, took over 100 depositions from expert witnesses and construction professionals, prepared and participated in scores of trials and Alternate Dispute Resolution tribunals, and prepared expert witness testimony in cutting edge engineering science. His subject expertise ranged from asbestos litigation, to concrete failures, multi-story collapse, sewage disposal plants, electric power generation, extreme high temperature boilers, and land development bankruptcies, to include scheduling delays, impact analysis, productivity analysis, and the resulting damage estimates.
He is a well-regarded speaker and writer with regard to engineering, construction, and construction law and project management topics. He is a nationally recognized expert on Design Build delivery of projects, and has personally lead several successful design-build projects. He authored over 20 courses in various phases of construction management and construction law, taught over 3000 students around the world in various aspects of construction management, and consistently earns evaluation scores of 97.5% approval from his students over a span of nine years.
Professional Experience
Bayer Technology Services Co., Ltd. – Shanghai, China
2007 to Present, Head of Project Managers
As the Head of Project Managers, Mr. Gard is responsible for leading, managing, mentoring and teaching fifteen or more project managers for one of China’s largest engineering and project management firms (over 700 personnel) specializing in the chemical process industry with over one billion USD ($1,000,000,000) in projects at any one time. In addition, he is a corporate “change agent†charged with revising and bringing operating procedures up to world class standards, instructing a the entire range of project management topics, and participating in strategic decisions for corporate policies and strategy.
Dominion Project Management, Inc. – Sterling, VA and Frederick, MD
1997 to 2007, Founder and Senior Vice President
Tom Gard is a founder and principal of Dominion Project Management from its Frederick, Maryland headquarters. Dominion Project Management, Inc provides construction and design management services, and project management training and education to commercial, international, federal, state and local clients. Among the management services provided are project budget formation and cost control, scheduling and Critical Path Method analysis, quality control and quality management, project controls to include Earned Value Management, and claims resolution.
In addition, Mr. Gard provides advanced training seminars in Construction Management, Design-Build Management, Sustainable Design, Construction Law and Contracts, and many specialty fields of project management. He has gained national and international recognition for his contributions to such projects as the Diavik Diamond Mine (Yellow Knife, Northwest Territories, Canada –North America’s largest diamond mine operation, $1.3B invested), the CERP in Florida (Central Everglades Reclamation Project – a $36B to reclaim the Everglades from 150 years of development), and the Iraqi Construction Program (through the US Army Corps of Engineers – Transatlantic Center). His seminars have attracted over 3000 students across the USA, Canada, Russia, The People’s Republic of China, and In Europe.
Mr. Gard is a Professor at the University of Management and Technology, an Adjunct Professor at The George Washington University, and a Visiting Professor at the University of Peking, Beijing, People’s Republic of China.
His personal responsibilities to clients include:
 Proposal preparation (in response to RFP’s) management and guidance, and presentation leadership.
 Leadership of specialty Design-Build projects (Drug Enforcement Agency computer laboratories)
 Resolution of claims in mediation and arbitration (Specialty laboratories for NASA, et. al., at West Virginia location – claims of $26M on $110M contract)
 Negotiation of construction and design contracts and amendments.
 Leading consulting teams for procurement, contract, project management, and specialty challenges for clients.
 Design management and construction management supervision of selected projects and programs.
 Introduced PerSpective, a relational database system for performance specifications to the Chicago Housing Authority for reducing design costs and RFP preparation time.
 Design-build document development and large design-build program management.
 Course development and presentation for topics in project management, advanced project management, construction management, and law.
Current initiatives of Dominion Project Management, Inc are sustainable design and “green building†construction, Homeland Security design (especially, as integrated with sustainable design), and energy savings projects.
 Most significantly during his tenure, and in regard to these initiatives, Tom directed the quality assurance and quality services for the Energy Savings Program Retrofit, Military District of Washington, Washington, DC, the nation’s largest Energy Savings Performance Contract. This $210M effort retrofit the five major installations in the Capitol Region with the latest in energy using/savings equipment with private funding to pay back out of performance improvements over 20 years.
 Under Tom’s leadership, Dominion Project Management, Inc performed a comprehensive energy cost analysis on a life cycle basis and the construction cost estimate for Sallie Mae at its 9-story Reston, Virginia headquarters. This project included Identifying the requirements of the client and end-user employees; assessing the civil, electrical and mechanical systems for expected economic life; developing a plan for renovating the systems for increased life and lowered energy costs; and, developing a cost estimate for Sallie Mae to evaluate the contractor bids.
Parsons Brinckerhoff Construction Services, Inc. (“PBCS), Herndon, Virginia
1994-1997 Attorney, Project Engineer, and Senior Manager, Contracts and Administration
 Responsible for leading a team of attorneys and construction contract administrators that performed proposal review; contract and subcontract negotiation and award; all phases of contract administration; subcontracting and vendor management; integration of scheduling, budgeting and quality assurance with construction contract administration; dispute resolution to include negotiations, mediations, and law suits; and closeout services for approximately 125 prime contracts and over 600 subcontracts, annually.
 As an unfortunate part of the construction business, Mr. Gard managed the accident and liability issues for approximately one construction death per year. As a result, he developed standard operating procedures that are still used, and were acknowledged as being a fair and impartial model.
Of special note, Mr. Gard’s contribution was key to these noteworthy projects:
 Contracts Administration and Management for Renovation of the Hartsfield Airport, 1996 Atlanta Olympics. In this short fused, $110M project, Tom wrote and negotiated successful execution of all contract documents in a one-week period to meet a schedule that the City of Atlanta and Hartsfield Airport personnel said “couldn’t be done.â€
 Key to the formation of an Owner Controlled Insurance Policy (OCIP), a key risk management initiative that resulted in a savings of over $8 million annually in insurance costs at the Dulles Airport Expansion project, a $3.5B program.
 Successful resolution of a claim of software piracy and intellectual property infringement brought by the Businessman’s Software Alliance (one the nation’s two “software copsâ€) for less than $10,000 when damages were initially threatened in excess of $2M.
 At the Sunshine Skyway Bridge in Tampa, Florida, first-ever cable-stayed bridge constructed east of the Mississippi, Mr. Gard lead a team of engineers and attorneys that successfully closed out the contract and joint venture for the construction management of the project, after a five year stand-off and multiple audits. As a result, damage and claim costs were minimized through extensive negotiations, and the buyers and sellers were prepared to join in future business, despite the closeout process being initiated with a lawsuit by the Florida DOT.
Wulfsberg, Reese, Colvig and Firstman, PC, Oakland, California
1991-1994 Attorney and Litigator
 Was the only professional engineer-attorney in this boutique construction law firm with a nationally known reputation. Thus, was central to many technical issues across a variety of cases involving concrete failure, asbestos remediation, electrical power generation, high temperature boiler operation, parking garage collapse, sewage plant construction (and failure), public safety and jail construction, light rail construction and claims, and arena construction and claims.
 Took over 100 depositions from architects, engineers, superintendents, expert witnesses, CPA’s, and inspectors across the United States in a variety of cases and pursuant to the state statutes governing professional credentials. In his first case, he found the opposing counsel had falsified its expert’s credentials, and was able to win a total defense of the case plus have opposing counsel pay his fees as sanctions.
 Participated in preparing expert witnesses, exhibits, and trial testimony for arbitration, mediation and trial in cases ranging in value from several million dollars up to $126M. Assisted in litigation in cases at county (San Francisco Bay Area counties, state (California) and federal (9th Circuit) courts, to include first chair in bid protests and 2nd chair in construction claims. Represented clients in mediation and arbitration in front of Tony Piazza, considered to be one of the most accomplished construction mediators in the United States.
 Prepared cash flow analysis of delay claims, used the Eichelay Formula to project extended overhead, performed variance analysis of scheduling claims, and performed budgeting analysis using the RS Means Manuals, bottoms up estimating, parametric estimating, analogy estimating and total cost.
United States Army, Corps of Engineers (Various locations around the world, and domestically)
1970-1991 Army Corp of Engineers (2nd Lieutenant to Lieutenant Colonel)
 Major Program Construction and Equipment Budget Formation. Mobile Prime Power Group, Fort Belvoir, Virginia: deputy director and commander of a group res¬ponsi¬ble for providing electrical power generation, transmission, and service to the entire US Army and US allies around the world in increments from 750 kilowatts to 22 meg¬a¬¬¬watts.
 Wrote an $8 million contract, detailed budget, and CPM schedule for an innovative, over¬seas rebuild and reclamation of a one-of-a-kind, ship-mounted power plant sub¬se¬quently used to shave peak demand for island nations in the Caribbean and the Pacific.
 Formulated and advocated a multi-year, $365 million budget and funding request at the Pentagon for replacing the Army's Vietnam-era mobile generators with reliable, energy efficient units built in America.
 As Area Engineer, Air Base Construction Program, U.S. Army Corps of Engineers, Sultanate of Oman, then-Major Gard was responsible for the construction of four airbases for 12,000 men for NATO, the US military and the Sultanate of Oman following the loss of the US forward bases in Persia upon the fall of the Shah. This $650M program was operationally ready in 30 months, and was completed on time, and within budget. He resolved change orders and claims as the contracting officer, dealt with scheduling and funding issues involving weather, environmental restrictions, and political interference in a complex political environment involving the Department of State, the Department of Defense, the Omani Foreign and Defense Ministries, the British Air Force and NATO Headquarters.
 As Deputy Resident Engineer, Tennessee-Tombigbee Waterway, Nashville District, U.S. Army Corps of Engineers, then-Captain Gard was responsible for constructing a $46M canal project that cut the Continental Divide at the base of the Appalachian Mountains in Mississippi. At this project, he converted his inspection crews from the former “inspection†process to the “quality control-quality assurance†procedures used today. In addition, he dealt with tight scheduling (two and three shift operations using hundreds of pieces of equipment and 400 operators/workers), challenging engineering issues of ground water intrusion and erosion, and a value engineering proposal for state-of-the-art construction of a lock and dam that saved the government over $14M.
Education
 Bachelor(s) of Science/1970/Civil Engineering-Urban Planning – Michigan State University
 Master of Science in Civil Engineering/1978/Civil Engineering-Construction Management – Purdue University
 Diploma with Distinction/1981/US. Army Command and General Staff College
 Master of Business Administration/1984/Financial Management – Northern Michigan University
 Juris Doctor/1990/Government Contracts – Catholic University of America
 Master’s Certificate/2005/Project Management - George Washington University
 Master’s Certificate/2006/Government Contracts – George Washington University
Professional Associations
 1978/Civil Engineering/Indiana/PE60018155
 1981/Certified Value Engineer/Corps of Engineers
 1991/Attorney at Law/California
 1992/Civil Engineering/Virginia/21781
 1992/Civil Engineering/Michigan/36959
 1993/Civil Engineering/District of Columbia/9531
 1996/Attorney at Law/District of Columbia
 1996/Civil Engineering/Texas/Lapsed
 1998/Civil Engineering/Maryland/23213
 1998/Civil Engineering/North Carolina/023763
 1998/Civil Engineering/ New York/ 3516152
 1999/Civil Engineering/West Virginia/013961
 1999/Project Management Professional
 2001/LEEDS Sustainable Design Engineer
Additional Professional Distinctions
 Adjunct Professor, George Washington University, Washington, DC
 Visiting Professor, Peking University, Beijing, People’s Republic of China
 Professor, University of Management and Technology, Arlington, VA
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