David Pogorilich

David has technical analytical expertise in owner’s representation — including high-end hotels, construction inspection (foundations to punchout and finishes inspections), productivity, disruption and impact, changes and extra costs, home office overhead, engineering planning, field engineering, expediting/acceleration, estimating, procedure development, training, and constructability reviews.

David has been qualified as a Class Action and claims expert in cost and estimate analysis, critical path method scheduling/delay analysis, and construction management. He has testified as an expert witness in several forums, including arbitrations, boards, and various courts.

David’s experience spans all types of public and private projects, including luxury condos, residential — both multi-family and single-family, governmental, highways — toll and non-toll, segmental bridges, roadway design and construction, hotels, water and wastewater treatment plants, pipelines, recreational facilities, commercial buildings, power generating facilities (liquified natural gas, coal fired, and nuclear) theme parks, and hospitals. David has been involved in a wide range of projects for public agencies at the federal, state, and local levels.

David’s professional experience includes:

• Owners Representative on a Four Seasons hotel from foundations to finishes and punchout inspections, change order reviews, progress estimation, and field changes analysis.
• Construction Damages Class Action: Led a team on the defective “Chinese” drywall damages analysis on a settlement in Louisiana federal court.
• Scope analysis and estimate to repair a luxury condo on Park Avenue in New York City.
• Construction Damages Class Action: Led a team on defective water closet supply line damages analysis in Tennessee federal court.
• Construction Damages and Repair Consultation Class Action: Led a team on a damages and repair consultation analysis in Michigan.
• Multi-Acre Storage Area Analysis: Led the repair estimate development for the removal and replacement of a multi-acre container storage area. This analysis led to a settlement during mediation.
• Apartment Complex Claims Analysis: Led the repair estimate on a Midwest apartment The estimate was required due to major flooding throughout Texas. This estimate was used to negotiate with the developer’s insurance company, resulting in a mutually agreeable settlement.
• Multi-Family Apartment Complex Analysis: Provided delay claim and standard of care analysis, as well as repair damages estimate for a multi-building apartment complex in Tampa, Florida. Testified in deposition resulting in settlement of case.
• Property Developer Defect Claims: Provided expert analysis on the defective construction and repair damages analysis on six properties — 200 units — on a single site near St. Johns River, Jacksonville, Florida.
• Industrial Park Repurposed Development Analysis: Provided the claims analysis for the general contractor and defended owner counterclaims on a housing project containing 20 multi-family properties located on a multi-acre site formerly known as the Philadelphia Naval Yards.
• Property Developer Damages Analysis: Led a defective construction and repair damages analysis on four properties containing 163 units in Tampa, Florida.
• Entertainment and Tourist Attraction Analysis: Led the delay and change order analysis of a multi-million-dollar theme park construction and Provided testimony over a period of 18 months, leading to a favorable outcome for the client.

Summary of Recent Testimony Experience

• Andrews Manor Homeowners Association v. Sawgrass Land Development LLC; KCF Site Development, LLC: Bussen-Meyer Engineering Group Inc., Case No.: 05-2022-CA-058295 in the 18th Judicial Court in Brevard County, FL, Deposition 2025
• ECI vs. Kast Construction, Voluntary Mediation, Mediation 2025
• Primeamerica vs. Bradley Construction, Voluntary Mediation, Mediation 2025
• Voodoo Bayou Las Olas, LLC, vs. Origin RR, LLC, AAA Case Number: 01-23-0005-4944, Deposition 2025
• TKM Aviation LLC vs. Canco General Contractors, Inc., Case No.: 51-2018-CA-003050-AX-ES in the 6th Judicial Circuit Court in and For Pasco County, FL, Deposition 2024
• JE Dunn vs. Corp Campus Austin, TX, Case No.: D-1-GN-23-000788 In the 419th District Court, Travis County, TX, Deposition 2023
• Warren Henry vs. Pirtle Construction, Circuit Court of the 11th Judicial Circuit, Miami-Dade County, FL, Deposition 2023
• Paseo Condominium Association, Inc. vs. Stock Development LLC, Circuit Court of the Twentieth Judicial Circuit, Lee County, Florida, Deposition 2023, Deposition 2022
• City of Sarasota v. AECOM Technical Services, Inc., 12th Judicial Circuit Court, Sarasota, FL, Trial 2018