Expert Profile

Robert C. Gardner Jr.
Delay and quantum damages expert
cum laude, University of Michigan,
Ann Arbor
American Bar Association, Associate Member - Section of Public Contract Law - Forum on the Construction Industry - Section of Tort Trial and Insurance Practice;
Association of Certified Fraud Examiners Associate Member;
National Contract Management Association;
Association for the Advancement of Cost Engineering International
Highlights
- Over 30 years of government contract and claims advisory experience
- Emphasis on aerospace and defence, business insurance and construction contracting matters
- Extensive schedule delay / disruption, cost and lost productivity analysis experience
Summary
Robert (“Rob”) Gardner has over 30 years of extensive experience in providing contract oversight, cost and performance audits, as well as scheduling and claim advisory services on aerospace and defense, insurance and construction matters involving both commercial and government contracts at the federal, state and local levels. Rob specialises in contract disputes on complex and developmental projects that require the investigation, identification, quantification, and presentation of root causes responsible for cost and schedule growth. Rob also is well versed in critical path schedule and delay analysis methodologies and in determining the resultant linkage to schedule-related and other extracontractual costs.
Rob often assists in developing requests for equitable adjustment (REAs) and affirmative claims, as well as assisting clients in the defense of claims pertaining to: delay and disruption, changed work (directed, constructive and cumulative impact), business interruptions, lost productivity, terminations, untimely or defective buyer-furnished equipment or information, customer-caused
interference, misinterpretation of specifications, and other cost and schedule growth issues.
Rob has in-depth experience in performing contract performance audits that compare contractually-required / as-planned metrics to those metrics as actually performed, contract compliance reviews and incurred-cost audits in determining whether costs incurred under a contract were “allowable” (i.e., per the Federal Acquisition Regulation, are documented, allocable, reasonable, properly charged and consistent with the contract’s terms and conditions).
Rob has used numerous scheduling programs and methodologies, cost/schedule control systems criteria (C/SCSC) and earned value management (EVM) systems, cost accounting systems and cost estimating models to analyse cost and schedule performance data. He also has worked for public agencies in performing incurred-cost and estimate-to-complete reviews, as well as in recovering contracted and internal costs as a result of investigations into evidence of pre-procurement authorisation, adherence to proper procurement standards, contract management/oversight, and invoice review/payment controls.
Much of Rob’s work has pertained to state-of-the-art technologies and their advancement. He has worked for subcontractors, prime contractors, the government (“owner”) as well as for both policyholders and insurers / reinsurers on a variety of fixed-price and cost-plus contract arrangements related to engineering, construction and construction management (EPCM), full-scale engineering and development (FSED), production, refurbishment, modernisation, and leader-follower programs.
Cross-examination experience:
- Successfully completed internal cross examination courses