CONTACTS 
0201 - O-0011 0101 Jacobs Associates          415 434 1822 fax 956 8502
020101 - Mr. John W. Nichols, Executive Vice President
020102 - Mr. Bill Edgerton, Claims Department
020103 - Mr. Daniel E. Kass, P.E., Claims Department

SUBJECTS
Personal, Job Search
Padding the Record
Law has Communication Requirements to Align
Command & Control of Record Determines

0606 -    ..
0607 - Summary/Objectivegerton and Dan Kass.
0608 -
060801 - On the way to Bill's office, stopped in and said hello to John
060802 - Nichols, who did some preliminary work in Welch II.
060803 -
060804 - This was a joint interview with Bill and Dan.
060805 -
060806 - Bill initially inquired about my education, and early business
060807 - experience not listed in the resume.  I explained this background,
060808 - including the Williams & Burrows stint.  Dan mentioned that W&B is
060809 - out of contracting which was disappointing to hear in light of their
060810 - long history in the Bay Area.
060811 -
060812 -
0609 -
0610 - Scheduling background
0611 -
061101 - Bill was interested in my scheduling expertise.  I mentioned the
061102 - details of work at Perini and MK.  He asked about my boss at Perini.
061103 - I gave Barney Hedberg's name.  Bill thinks Barney is no longer with
061104 - them, but Jack Cheverini is still there.
061105 -
061106 - Discussed the as-built CPM created for the HH&N litigation on
061107 - Sacramento WWTP.  Dan seemed familiar with that case which HH&H
061108 - ultimately lost.
061109 -
061110 - Dan indicated Jacobs is seeking scheduling support at the present
061111 - time.  I noted that while I have this expertise I am not intending to
061112 - concentrate in this work as a full time position  and would expect to
061113 - draw on Jacobs' staff for assistance.  Bill said Jacobs can provide
061114 - this.  He and Dan emphasized that at Jacobs project managers perform
061115 - much of the smaller scheduling work, and participate in developing
061116 - as-built CPM's for major litigation and claim work.
061117 -
061118 -
0612 -
0613 - Estimating
0614 -
061401 - Dan asked about my estimating experience.  I cited work at Welch
061402 - Construction, Williams & Burrows, Lord Bros., Welch Company, Perini.
061403 - Explained the estimating system I have written that facilitates
061404 - estimates based upon either unit prices entered in dollars or man-
061405 - hours, or using "crewing" procedures.  In either case the rates are
061406 - converted into the other form (i.e. dollars to hours, or hours to
061407 - dollars) to provide a quick cross check, in addition to computing
061408 - total manhours and average crew size over the life of the project.
061409 -
061410 -
0615 -
0616 - Legal experience
0617 -
061701 - Bill asked about the comment in my resume with respect to improving
061702 - the law in competitive bidding practices.  I explained how the Welch
061703 - case broadened the right to recover for incomplete bidding documents.
061704 - Bill asked if this related to the burden of proof (i.e. clear and
061705 - convincing, or merely a preponderance of evidence).  I suggested that
061706 - Welch is viewed by some to have actually expanded the right of recov-
061707 - ery for contractors, and clarified the duty of disclosure by an
061708 - owner.  It is no longer necessary to establish intentional conceal-
061709 - ment, as the State argued and the Court ruled (of course we always
061710 - believed that Warner v. City of Los Angles made this point, perhaps
061711 - though not as explicitly as Welch).
061712 -
061713 - I explained my role in briefing these and other issues in Welch that
061714 - are relevant to the contracting industry, and referred him to Gerry
061715 - Knecht, Anne Bevington, Bob Field and Bill Cahill for further infor-
061716 - mation about my legal credentials.
061717 -
061718 -
0618 -
0619 - Clients, Owner/engineer or contractor
0620 -
062001 - Bill asked if I have a preference for clients.  I advised I have
062002 - represented both sides and have no preference; but noted that it is
062003 - easier to represent the owner/engineer side because they control the
062004 - funds and have far fewer variables in the scope of their contractual
062005 - responsibilities.  Therefore a contractor has more opportunity to err
062006 - and so more targets of attack in an adversarial encounter.
062007 -
062008 -
062009 -  ..
0621 -
0622 - Consultant's duty to client
0623 - Objective analysis vs. advocacy
0624 -   ..
062401 - Dan asked my opinion about potential differences between an
062402 - opinion conveyed to the client versus arguments that might be advanced
062403 - in the client's interest against an adversary.
062404 -
062405 - I believe the consultant owes the client notice of the full range of
062406 - possible outcomes based upon the facts and legal theories that appear
062407 - most applicable.  Advocacy (representing the client in meetings
062408 - correspondence, claim statements, declarations, testimony) does not
062409 - have this duty.  There, the intent is to persuade the opponent and
062410 - ultimately an adjudicator that a particular result is correct. Since
062411 - these cases usually present a mixture of facts which could lead to a
062412 - variety of outcomes, skill assembling facts supportive of a desired
062413 - outcome and convincingly dismissing the remainder of the record, is
062414 - the province of the consultant as "advocate."  This does not require
062415 - mischaracterizing or padding the record with untruths.
062416 -
062417 - A single untruth, even if irrelevant, can destroy an entire case
062418 - regardless of how sound it might otherwise appear.  It taints
062419 - everything else said or presented by the source of the untruth.
062420 -
062421 -     [See concern about this issue using SDS, ref SDS 3 line 441.]
062422 -
062423 - Bill wondered about my ability to present a sound argument for
062424 - conflicting outcomes.  I explained this results from skill in
062425 - crafting language, not from false presentation of facts.
062426 -
062427 - I suggested he contact Clyde Earnest at Tudor  and others (cited
062428 - above line 041413) to inquire about my expertise and practice in this
062429 - matter.
062430 -
062431 -
0625 -
0626 - Services
0627 -
062701 - We reviewed the PM strengths I can bring to Jacobs.  At project
062702 - inception this would entail contract and specification review to
062703 - strengthen the client's ability to control the work and implement
062704 - administrative procedures to effectively exercise such control.
062705 - During contract performance, reviewing progress; providing supple-
062706 - mental management support upon request for change order, claim and
062707 - schedule issues. Post contract services would be evaluating claims,
062708 - developing counter claims, negotiations and ultimately litigation
062709 - support.
062710 -
062711 - Advised I use a computer for my work and would need one at Jacobs to
062712 - supplement my computers at home.  Mentioned the system I use to con-
062713 - trol the record on a project.  Explained how it links the various
062714 - control systems used by any of the parties involved in a contract to
062715 - create a comprehensive though transparent structure for information
062716 - developed during a project.
062717 -
062718 - This document is an example of the process.
062719 -
062720 - Discussed the balance between exercising the notice provisions of a
062721 - contract (i.e. the General Conditions), and the potential for causing
062722 - ill will and consequent delayed performance.  Dan expressed concern
062723 - that my practice of asserting the client's rights and the other
062724 - party's duties indeed creates dissension and so reduces the chances
062725 - of achieving a successful project.
062726 -
062727 - I explained that if the parties intend to perform the contract, no
062728 - basis for dissension occurs from the giving of notice.  Ordinarily a
062729 - consultant is only brought on board after a problem has been deter-
062730 - mined to exist which the client cannot solve.  Since consultants are
062731 - expensive, the problem is severe, relations have probably broken
062732 - down.  While each situation requires individualized treatment, gener-
062733 - ally the client wants the consultant to convincingly inform the other
062734 - side of defects in its position, and the advantages of following the
062735 - client's position.  Doing this creates tension on the other side and
062736 - makes the client happy.  Doing it very well engenders belief in the
062737 - other side that it cannot achieve its agenda and that it will be more
062738 - harmed than otherwise by failing to adhere to the client's position.
062739 - [The consultant's skill is in construing the contract to conform with
062740 - the client's position.]
062741 -
062742 - Alternatively, failing to apply contract provisions in the hope of
062743 - maintaining good relations, merely encourages further laxity  if not
062744 - license by the other side, and may constitute an outright waiver
062745 - which would destroy any chance of recovery under such provisions in
062746 - the event of litigation.
062747 -
062748 -
0628 -
0629 - Payment, terms
0630 -
063001 - I indicated $70K is the range of income I would need to join Jacobs.
063002 -
063003 - Dan asked if I work on contract basis and if so what rate I would
063004 - require.  I said this would be acceptable and the rate would be $40
063005 - per hour.
063006 -
063007 -
0631 -
0632 - Action
0633 -
063301 - Sent confirming memo, ref DCT 1.
063302 -
063303 - Follow-up Jacobs meeting oa 90605
063304 -
0634 -