THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700
S U M M A R Y
DIARY: July 3, 1997 08:22 AM Thursday;
Rod Welch
Submitted letter to Tom re meeting with John on COE Claims Team.
1...Summary/Objective
2...Leadership Overcome Being Too Busy to Learn - Take New Paths
3...Push, Pull, Prod, Wait, Try Again, is Cycle of Leadership
4...Claims Management Program Needs Immediate Actions
5...Dutra's Fradulent Inducement Claim Mitigated by Minimal Damages
6...Government Position Based on Project Record
..............
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CONTACTS
0201 - Corps of Engineers, SFD 415 977 8400 fax 8483
020101 - Mr. Thompson F. Keesling, Architect; Assistant Chief =415 977 8473
020102 - Construction Operations Division =415 977 8480
SUBJECTS
Corps of Engineers, 970115, Leadership
Oakland Claim Support, 970702
Leadership Helps People Take Paths they are
Leadership Helps People without Time to
Leadership Helps Those who Fear Writing
Leaders Help People Too Busy to Read and
Leadership Authority Empowers Team to Apply
Push Pull Prod Wait Overcome Resistance New Methods Avoid Alienating
1810 - ..
1811 - Summary/Objective
1812 -
181201 - Follow up ref SDS 25 0000, ref SDS 24 0000.
181202 -
181203 - Submitted follow up letter, ref DIT 1, on meeting with John yesterday,
181204 - ref SDS 26, to Tom Keesling with copy to Max.
181205 -
181206 - Cited District Counsel's recommendation on 961015 to use Communication
181207 - Metrics, ref SDS 8 9000, to illustrate need for leadership.
181208 - ..
181209 - Since John did not have time yesterday to review the District's
181210 - report on Communication Mettrics, ref SDS 26 8503, I have the sense
181211 - that we are repeating the PG&E experience in 1994. When a new Project
181212 - Manager took over upon Bill DeHart's retirement, and did not see why
181213 - Communication Metrics was needed, PG&E simply let it happen because
181214 - there was no leadership to help him see beyond his experience.
181215 -
181216 -
181217 - ..
181218 - Leadership Overcome Being Too Busy to Learn - Take New Paths
181219 - Push, Pull, Prod, Wait, Try Again, is Cycle of Leadership
181220 -
181221 - Follow up ref SDS 25 0001, ref SDS 20 8401.
181222 -
181223 - On 970505 Max was worried about delay using Com Metrics to reduce
181224 - government liability on $60M in claims against Oakland Harbor project.
181225 - ref SDS 16 2207
181226 -
181227 - "Leadership" is needed to help people who do not have experience nor
181228 - time to read information in sufficient degree to understand the
181229 - benefits of new methods. Most people have faith in leadership for
181230 - direction and credibility to take a course of action that will enable
181231 - them to succeed, even when they are unfamiliar with that path,
181232 - ref DIT 1 9630, and do not have time to understand the benefits of
181233 - improving their work, as related by Dr. Tom Landauer on 960624.
181234 - ref SDS 3 1037 Leadership overcomes fear, ignorance and denial, as
181235 - discussed on 970625. ref SDS 20 8401
181236 - ..
181237 - Leadership on the battlefield helps people overcome immediate
181238 - danger, but leadership to improve work methods presents a difficult
181239 - "mountain to climb" in order to avoid future danger that is beyond the
181240 - vision of most, as reviewed on 950915. ref SDS 2 4930 When there is
181241 - no immediate threat to well being, changing course causes mutiny, when
181242 - people are pushed too far, too fast, so need strategy of push, pull,
181243 - prod, wait, try again, as reviewed on 920128. ref SDS 1 1199
181244 -
181245 - [On 970707 reviewed paper on Risk Management delivered to the PMI
181246 - Symposium in 1994, reviewed on 970707. ref SDS 27 8403]
181247 -
181248 - [On 970708 follow up asking Tom and Max if they have disucssed
181249 - Communication Metrics support with John. ref SDS 28 7403]
181250 -
181251 - [On 970722 Max says situation has deterioriated and the need for
181252 - this support is becomming more acute, ref SDS 29 7488.]
181253 -
181254 - [On 970919 leadership failed at USACE. ref SDS 34 7344]
181255 -
181256 - [On 980307 Grove's book cites need for leadership to overcome
181257 - inertia of success. ref SDS 35 3740]
181258 -
181259 - [On 980403 Max requested web site to help leadership explain
181260 - delivering intelligence on the Internet. ref SDS 36 4129]
181261 -
181262 - [On 990507 Jim Lovo tried to lead at HQUSACE. ref SDS 37 4956]
181263 -
181264 - [On 990802 explained push, pull, prod, wait leadership for
181265 - introducing new methods. ref SDS 38 2500]
181266 -
181267 -
181268 -
181269 -
181270 -
1813 -
SUBJECTS
Planning, Assignments
Schedule, Budget, Tasks
Consultant Support
Command & Control Record
Schedule/Budget Complete Work
Contractor Management Team
Litigation Support, Oakland
Oakland Claim Support, 970702
2611 -
261101 - ..
261102 - Claims Management Program Needs Immediate Actions
261103 -
261104 - Followed up ideas on 970109 to manage Dutra's claims, ref SDS 15 6482
261105 - and again on 970606. ref SDS 17 5100
261106 -
261107 - Explain in the letter, ref DIT 1, the steps that need to be taken to
261108 - reduce the government's exposure, based on concept of command and
261109 - control of the record in POIMS. ref OF 1 1113
261110 -
261111 - Identified potential District exposure, ref DIT 1 1471, from meeting
261112 - on 960919 with Tom Benero, ref SDS 4 8058, and defenses that can be
261113 - presented, ref DIT 1 6040, as exemplified on 961105, ref SDS 9 8188,
261114 - and at progress meetings on 961112. ref SDS 10 7388, and also errors in
261115 - Dutra's schedule presentation on 961213. ref SDS 12 6732 Unsupported
261116 - claims on toxic risks were discussed on 970106. ref SDS 14 0588
261117 -
261118 - <Y437 Develop a schedule and WBS for the "claim project"
261119 - showing tasks and identifying work flow, assignments and so
261120 - on..... ref DIT 1 8055
261121 -
261122 - Gain command and control of the record, ref DIT 1. We
261123 - have the record for the period from 960920 to 970107, but now
261124 - we have six months of catch-up to do in order to adequately
261125 - assess Dutra's claims, and formulate a responsible position.
261126 -
261127 - Evaluate cost and schedule to complete the work. IT 1
261128 - 7986
261129 -
261130 - What level of management is needed to complete the work, and
261131 - what will cost. ref DIT 1 7986
261132 -
261133 - <YH5I Can the present Dutra team adequately manage the project
261134 - while also devoting attention to saving the company and filing
261135 - claims? ref DIT 1 7986
261136 -
261137 - [On 970722 discussion with Max situation has deterioriated, need for
261138 - support is becomming more acute. ref SDS 29 7488]
261139 -
261140 - [On 970724 objective for Dutra to complete the project. ref SDS 31
261141 - 0860]
261142 -
261143 - [On 970724 budget for Communication Metrics to support claims and
261144 - litigation management on Oakland. ref SDS 30 8118]
261145 -
261146 - [On 970725 report Corps witheld $500K payment due to evident prior
261147 - $1M overpayment. ref SDS 32 9364]
261148 -
261149 - [On 970805 COE is preparing a contract. ref SDS 33 6399]
261150 -
261151 -
261152 -
2612 -
SUBJECTS
Out of Scope Inducement Quantity Changes
2704 -
270401 - ..
270402 - Dutra's Fradulent Inducement Claim Mitigated by Minimal Damages
270403 -
270404 - Explained the arguement Dutra will make that its management was
270405 - hampered by lack of funds and encountering a project of a different
270406 - scope than what was contemplated in bidding the project, ref DIT 1
270407 - 1471, which was considered originally in discussion with Tom Benero on
270408 - 960919. ref SDS 5 0462
270409 -
270410 - Explain how to use the record to mitigate damages that might otherwise
270411 - arise if Dutra prevails on inducement claim. ref DIT 1 6040
270412 -
270413 - [On 970722 Max advised DE feels District needs speical expertise
270414 - to support government's position. ref SDS 29 7488]
270415 -
270416 - [On 970722 DE indicates Communication Metrics cannot support the
270417 - District. ref SDS 29 6864]
270418 -
270419 -
270420 -
270421 -
2705 -
SUBJECTS
Simplify Record for Judicial Presentation
Less Formal Communications, Advocated by
Document Management
3006 -
300601 - ..
300602 - Government Position Based on Project Record
300603 -
300604 - Explained understanding of John's idea yesterday to pay the contractor
300605 - based on rationale and support that is clear in the record, so that a
300606 - Judge will be able to deal with the record, ref DIT 1 7986, per our
300607 - meeting yesterday. ref SDS 26 7182
300608 -
300609 - Cited Dutra's evident approach of proliferating the record on matters
300610 - where Contractor's entitlement appears weak, with the expectation of
300611 - gaining a "compromise in the middle" settlement, as Bob Johnston
300612 - proposed in the meeting on 960920, ref SDS 6 8403.
300613 -
300614 - Dutra used this "excessive claim and settle" method on the Navy Sewer
300615 - Line matter reviewed on 961010, ref SDS 7 4562, and it was discussed
300616 - at the Progress Meeting on 961119, to explain Communication Metrics.
300617 - ref SDS 11 4822 Dutra's possible effort to cause confusion in the
300618 - record occurred at the meeting on 961213, when it presented
300619 - information in a meeting that turned out to be different from a letter
300620 - given to Contracting Officer. ref SDS 13 6732
300621 - ..
300622 - The analysis is on 970109. ref SDS 15 0536
300623 -
300624 -
300625 -
300626 -
Distribution. . . . See "CONTACTS"