Kevin D. Dennis

Kevin works with counsel and clients on commercial and construction matters and issues across a multitude of industries and has developed and analyzed claims for contractual damages, increased direct and indirect project costs, delay and disruption costs, inefficiency costs, acceleration costs, diminution in value, lost profits, reasonable royalties, job site overhead, and home office overhead. These engagements involve alleged breaches of contract, terminations, construction and design defects, product defects, interference, changed site conditions, changed scopes of work, delays, cost overruns, inadequate or incomplete designs, business failures, intellectual property infringement, and other causes.

Kevin’s professional experience includes:

• Miami Dolphins (Hard Rock) Stadium Shade Canopy: Served as testifying expert responding to a subcontractor’s $100 million claim for damages resulting from the fabrication and erection of the canopy’s structural steel. Kevin authored an expert report and provided deposition testimony in rebuttal of the subcontractor’s claim.
• Nuclear Power Plant Contract Termination: Served as testifying damages expert for Duke Energy related to its termination of Westinghouse during the design phase of a proposed nuclear power plant in Levy County Florida. Kevin authored expert reports and provided deposition and trial testimony rebutting Westinghouse’s $512 million claim
• Maryland Purple Line Light Rail Project: Engaged by the project’s designer/engineer to assist with development of Requests for Equitable Adjustment necessitated by delays to the project schedule and other impacts to the design of this $5.6 billion public-private partnership.
• Automated People Mover and Consolidated Rental Car Facility: Served as testifying expert related to the $500 million GMP contract for the design and construction of Tampa International Airport’s 1.4-mile automated people mover and a new rental car facility and parking garage. Kevin authored expert reports and provided deposition and arbitration testimony in rebuttal to the subcontractor’s $25 million claim.
• Distribution and License Agreement Termination: Served as testifying damages expert for a US-based manufacturer of residential and commercial doors related to a distributor dispute for the manufacture and sale of products in the Middle East. Kevin authored an expert report and provided deposition and arbitration testimony rebutting the claimed lost profits for products sold by a competing licensee in the UAE, Bahrain, Qatar, Kuwait, and Oman.
• Power Plant Conversion to Biomass-Fired: Developed claim for owner’s damages related to three separate “pressure excursions” that resulted in a facility shut-down. Kevin authored an expert report and provided deposition testimony on damages resulting from alleged delays and failure to meet various performance guarantees, liquidated damages related to contract milestones and guarantees, and lost profits.
• Nuclear Power Plant Steam Generator Failure: Analyzed and critiqued the owners’ $7.5 billion claim for damages in this ICC Arbitration against Mitsubishi Heavy Industries for past and future costs associated with early closure and decommissioning of the San Onofre (CA) Nuclear Generating Station.
• Earthen-Embankment Water Reservoir: Served as damages expert for HDR, the original designer of the 15.5 billion-gallon C.W. “Bill” Young Regional Reservoir (Tampa, FL), related to the owner’s claim for $150 million in damages due to unusual cracking in the facility’s soil-cement lining. Kevin co-authored expert reports addressing the proposed cost to repair the soil-cement lining and the owner’s claim for economic damages related to loss of use.
• Luxury Life-Care Facility: Developed a $90 million claim for damages for Classic Residence by Hyatt related to numerous construction and design defects on a high-end, luxury life-care facility in Aventura, FL. Damages included the direct cost of repairing/remediating the defects, the cost of caring for the elderly residents during the repairs, lost maintenance fees due to concessions and lower occupancy, and lost sales of life-care contracts.
• High Rise Hotel and Luxury Residences: Conducted a construction cost audit for the Spanish joint venture partner on the $400 million, 54-story Epic hotel and condominium project. Kevin was identified as the damages expert and identified numerous costs submitted by the contractor that were not recoverable under the guaranteed maximum price (GMP) contract.
• Hardware and Software Toll Collection System: Advised Florida’s Turnpike Enterprise on negotiating resolution of a request for equitable adjustment from the contractor responsible for implementation of a new statewide toll collection system. Subsequently served in an advisory contract management role, conducted a contract audit and developed a negotiation strategy to remove a portion of the contractor’s scope.
• Produce Grower and Processor: Served as damages expert to one of the largest producers of organic bananas in the Dominican Republic.
• Termination of a Manufacturer’s Representative Agreement: Served as damages expert to a medical supplier regarding damages associated with the alleged improper termination of a manufacturer’s representative agreement. Kevin authored two expert reports and provided testimony in deposition and at the AAA Arbitration.
• Segmental Bridge and Elevated Roadway Project: Served as the damages expert to URS, the project designer/engineer, to analyze the owner’s $120 million claim for costs resulting from the collapse of a bridge pier and the alleged faulty design of the Leroy Selmon Crosstown Expressway. Kevin subsequently worked for the owner (Tampa Hillsborough County Expressway Authority) to analyze a contractor’s claim for additional compensation and provided testimony before the Disputes Resolution Committee.