June 1, 2023
1:00 pm – 2:00 pm Eastern
Construction: Sunshine Laws and the Vulnerability of Consultant Work Product in Public Works Construction Disputes
The United States Freedom of Information Act (FOIA) and similar state-level open records statutes are intended to promote transparent government operations. However, when public agency owners encounter construction disputes, such "sunshine laws" may become an obstacle to resolving them. This presentation will explore the vulnerability of consultant work product to public records act demands against the intersection of attorney-client and work product privilege.
Speakers: Bryan Payne & Charles Montgomery
Bryan Payne, Esq., PE, CCP, CFCC brings 27 years of experience in the transportation, higher education, and healthcare construction sectors in construction management, claims avoidance and mitigation, mediation, and contract administration. His strength is in solving construction problems and resolving disputes before litigation and getting broken programs back on track. Bryan has proven expertise in working on programs with shared governance, multiple funding sources, and complex grant requirements. He is used to working closely with governing board members and is an experienced public speaker. Bryan is a Registered Civil Engineer and a licensee attorney of the State Bar of California. He has served as mediator for over 50 litigated cases for the Superior Court of Los Angeles County and is admitted to practice before the U.S. District Court for the Central District of California. Bryan can be reached at Bryan.Payne@arcadis.com.
Charles Montgomery has more than 40 years of experience with more than 20 years of construction claims experience on projects. In addition to working as a Project Superintendent, Surety Claims Manager and a Division Manager at a construction company, he has also been qualified as an expert witness in both the State and Federal courts, provided deposition testimony in more than 150 cases and testified at trial or arbitration more than a dozen times in matters ranging from Contract Disputes, Construction Defects, and Contractor Standard of Care. While he continues to provide litigation support services to both the insurance and contracting communities his focus recognizes the critical need to rein in the costly failures due to marginal workmanship and substandard performance. With the introduction of new performance standards, complex architectural systems, and an ever-challenged work force, his drive for quality could not be more timely. Charles can be reached at Charles.Montgomery@arcadis.com