Robert Kerr, Jr.

ROBERT F. KERR, JR, Attorney at Law

Construction Claims Consultant

Robert is a construction claims consultant, general contractor and mechanical contractor with over 40 years of experience. He has served as an expert witness in a wide variety of cases and provides consulting services to contractors and owners on how to manage project risks, implement project control procedures and quality control plans. As a general contractor he has performed underground utility, site work, treatment plant and building construction under fixed price prime contracts for Federal, State and local government public works owners where he had hands-on responsibility for project estimating, buyout, CPM scheduling, production management, claim analysis, change order negotiation and financial results. He has also served as project manager on subway, heavy, bridge and highway construction for major public works projects including deep earthworks, dewatering, utilities, structures, highways and bridges in Metro Washington, Baltimore and Atlanta. As a mechanical contractor, Bob performed HVAC, piping, underground utility and plumbing in both public and private market. Bob is a consultant to the firm.

Education

BS Industrial Education, Western Kentucky University

Registrations/Licenses

Contractor  Virginia Class A (Heavy, Highway, Building, HVAC, Plumbing): Licensed 1984, in Good Standing to Present.

Software certifications include Primavera, Suretrak, and Microsoft Project. 

Admission as Expert Witness, AAA and Court qualified in: “Hands-On” (Direct) Costs; CPM Schedules (Baseline, As Built); CPM Time Impact Analysis (Delay Responsibility/Quantification); Extended Schedule Indirect Costs (Home Office G&A, General Conditions); Loss of Productivity Costs (Inefficiency); Acceleration Costs (Schedule Improvement); Extra Contract Administration Costs (Management of Changes); and, Subcontractor Claims.

Experience

Bob brings hands-on experience to the practice through his in depth knowledge of commercial and risk management. This experience includes: ​

  • Estimating & Bidding: Prepare and/or manage staff to prepare detailed cost estimates and bid proposal documents to comply with corporate profit goals and RFP/IFB “Fixed Price” contract requirements.

  • Technical & Cost Proposals: Prepare and/or manage staff to prepare, present and negotiate detailed written Part I Technical Proposals and detailed Part II Cost Proposals to comply with corporate profit goals and RFP/IFB “Best Value” contract requirements.

  • G&A Cost Control: Evaluate and adjust home office staff and systems capabilities to support corporate performance and profit goals.

  • Buyout: Establish the control estimate cost budget and procure design, subcontractor and material supplier services (Subcontracts) at or below the control estimate budget.

  • Subcontracts: Negotiate and assure Subcontractor Agreements are properly “Scoped” without overlaps or “Gaps” for dollar amounts at or below the control estimate budget.

  • CPM Schedules: Prepare and/or manage staff to prepare and present detailed CPM Contract Schedules (Baseline), Updates (As Built), Narratives and Time Impact Analysis (Delay Analysis) to contemporaneously evaluate Baseline vs As Built progress and determine responsibility for extended schedule time and cost impacts.

  • Project Controls: Prepare and/or manage staff to prepare and update detailed documentation records that accurately track all submittals, approvals, fabrication and delivery for all contract design, subcontract and material requirements sufficient to provide early warning of potential delay impacts to the properly adjusted Baseline schedule. In the case of self-performed work (Labor budgets) track budget and actual costs to date vs cost at completion to provide early warning of potential Labor budget overruns. Prepare control estimate cost budget cost codes for all definable Contract work items such that every cost expense must be charged to an established Contract budget cost code or a Change Order work cost code authorized by upper level corporate management.

  • Changes, Delays, REA’s, Disputes Resolution: Prepare and/or manage staff to prepare, present and negotiate Change Notices, Change Direct Cost Proposals, Delay Notices, Delay Indirect Cost Proposals, Requests For Equitable Adjustment Proposals and, if necessary, pursue payment for Changes and Delay according to the Contract Disputes resolution procedures (i.e., negotiation, mediation, arbitration, litigation).

  • Production: Plan and/or manage staff to plan, implement and modify specific work manner and methods to achieve production equal to or better than the Baseline schedule and control estimate cost budget requirements. Audit actual vs budget performance. Adjust actual work manner and methods to improve efficiency.

  • Quality Control: Prepare and/or manage staff to prepare and implement a detailed, written check list and reporting system that documents each required inspection and test for materials, workmanship and function to assure the in place work equals or exceeds the specified Contract requirements. Implement corrective action for non-compliance issues.

  • Commissioning: Prepare and/or manage staff to prepare and implement a detailed, written check list and reporting system that documents the operations and functioning of each completed MEP and/or other specialty system to assure the in place systems equal or exceed the specified Contract requirements such that Substantial Completion is achieved according to a properly adjusted Baseline schedule.

  • Close Out: Prepare and/or manage staff to prepare and implement a detailed, written check list and reporting system that documents and updates the status of the Preliminary Punchlist, Final Punchlist, Operations and Maintenance Manuals, Demonstrations and Training, As Built Drawings, Warranty, Spare Parts and otherwise serves to correct all deficiencies such that Occupancy, Final Completion and Final Payment are achieved according to a properly adjusted Baseline schedule.