
Expert witness · Termination
Construction Termination Expert Witnesses
Technical analysis of work status, contract administration and completion costs at termination, including termination for default and termination for convenience. Led by Daniel R. Zorrilla, J.D., BSBC, CGC, CFCC. Based in Clearwater for Tampa Bay, and working primarily in Florida, with more than 10 out-of-state cases and consulting matters.
The short answer
What Oxley’s construction termination experts do
Oxley provides construction termination expert witness services to counsel and parties when a contract has been ended and the construction record is in dispute. Daniel R. Zorrilla, J.D., BSBC, CGC, CFCC, leads the work as testifying expert. Assignments may involve termination for default or termination for convenience. The labels come from the contract. The technical work examines work status, progress, contract administration and completion costs at the relevant date.
The focus is the construction record and the practical management of the contract and subcontracts. Whether a termination was legally proper is for counsel and the tribunal. Work through Oxley is technical consulting, not legal representation.
Related completion-cost questions are also addressed on the completion costs page.
- Testifying expertDaniel R. Zorrilla, J.D., BSBC, CGC, CFCC, President
- Scheduling teamDavid Hengelbrok, P.E., PSP, and Jeremy Easen, BSBC, CGC
- Typical questionsWork status at termination, administration records, completion costs, betterment and added scope
- TestimonyDan has testified in more than 40 cases, in litigation, including federal court, and in arbitration. He has been retained as a consultant or expert in more than 100 construction matters.
- WhereTampa Bay (Clearwater office). Primarily Florida, with more than 10 out-of-state cases and consulting matters.
- Retained byOwners, developers, public entities, contractors, subcontractors, insurers, sureties and their counsel
Who does the work
Daniel R. Zorrilla, J.D., BSBC, CGC, CFCC
Dan Zorrilla is Oxley’s President and a testifying expert whose practice areas include termination and completion costs, along with schedule delay, disruption, construction defects and related damages.
He has been in construction since 1991 and in consulting and expert work since 2008. He has testified in more than 40 cases, in litigation, including federal court, and in arbitration. He has been retained as a consultant or expert in more than 100 construction matters.
After earning his J.D. in 2011, he practiced law for about a year on litigated matters. He is a member of The Florida Bar and does not practice law.
CV and testimony history available to counsel on request. Full profile →
The scheduling team behind the analysis
David Hengelbrok, P.E., PSP
Sr. Schedule Consultant
David performs CPM scheduling in Primavera P6, schedule narratives and time impact analyses, and has supported expert reports and testimony on delay, disruption, acceleration, productivity, termination and associated damages.
- Florida Professional Engineer PE 93179
- AACE International Planning & Scheduling Professional (PSP)
- B.S., Civil Engineering, University of Florida, 2014
Jeremy Easen, BSBC, CGC
Construction Scheduling Consultant
Jeremy brings more than 25 years of field and operations experience with general contractors. He provides CPM scheduling, analyzes delay claims and inspects on-site conditions in support of the testifying expert’s analysis.
- Florida Certified General Contractor CGC1522591
- B.S., Building Construction, with Honors, University of Florida (M.E. Rinker School of Construction Management), 2000
Methods
How a termination assignment is analyzed
Technical questions may concern the extent of completed work, recorded progress, available work fronts, reported conditions and the information project managers had at the relevant time. The scope depends on the assigned questions and supporting records.
An assignment may assess the state of the work at the relevant date using observations, photographs, inspection records, payment applications and other evidence. Any reconstruction depends on the support and limitations of those sources.
Work status at termination
What do the records show about completed work, reported conditions and remaining scope when the contract ended?
Construction and administration records
How do work-in-place records, construction documents and inspection information describe incomplete or reported defective elements?
Analyze the cost to complete
Examine the completion cost and separate finishing the original scope from betterment or added scope.
Default and convenience
The contract’s termination provisions affect which cost and scope questions matter. The technical analysis still has to be tied to the contemporaneous record.
Address material contrary evidence
Consider material evidence relevant to the assigned questions, including information contrary to a proposed conclusion.
Later completion by others
Later changes to the site and completion by others can conceal the position at the termination date if that later condition is treated as if it had been there all along.
How an assignment runs
From the record to the opinion
01
Establish the documentary position
Assess what payment applications, photographs, inspections and other contemporaneous records can actually support about the work at the relevant date.
02
Isolate remaining scope
Distinguish incomplete original work from repairs, changed work and other cost components.
03
Analyze completion costs
Examine the cost to complete using the records and assumptions that relate to the assigned questions.
04
State the opinion and its limits
Set out the conclusion, the basis for it, and the points at which the evidence stops supporting a firm view.
Project types
Projects behind the termination work
The team’s project and testimony experience covers high-rise condominiums and apartments, hotels and resorts, mixed-use and student housing, schools and medical facilities, roads, bridges and highways, airports, residential development infrastructure, federal and defense facilities, warehouses and distribution centers, and industrial and power facilities.
Related work: completion costs, delay, construction defects and damages calculations.
Possible assignment outputs
- Assessment of progress and performance at the termination date
- Analysis of completion costs and their attribution
- Distinctions among remaining original scope, repairs, improvements and added scope
- Technical findings and, when part of the engagement, expert testimony at deposition, trial, arbitration or mediation
When this comes up
- A contractor disputes a default termination or seeks its termination costs.
- A contract has been terminated for default or for convenience, and work status or administrative records are disputed
- Completion costs are being claimed against a terminated contractor or its surety
- The extent of completion at termination is contested
- The allocation among original scope, repairs, betterment and added scope is disputed
Where we work
Tampa Bay and Florida, with out-of-state matters
Oxley is based in Clearwater, in Tampa Bay, and works primarily in Florida, with more than 10 out-of-state cases and consulting matters.
Tampa Bay
Office in Clearwater. Serving matters in the Sixth Judicial Circuit (Pinellas and Pasco), the Thirteenth Judicial Circuit (Hillsborough), the Twelfth Judicial Circuit (including Sarasota and Manatee) and the Middle District of Florida, Tampa Division. Clearwater · Tampa · St. Petersburg · Pinellas County · Hillsborough County · Sarasota
Florida
Serving matters statewide in Florida circuit courts, the Middle and Southern Districts of Florida, arbitration and mediation. Orlando · South Florida · Jacksonville · Gainesville · Naples & Fort Myers · All Florida areas
Out-of-state matters
Matters involving projects outside Florida, in court and in arbitration, including AAA arbitration. The analysis follows the governing contract and the forum’s rules on expert testimony.
Independence
What a reliable termination opinion avoids
Oxley acts for only one party on a project. Fees do not depend on the findings. Any earlier role on the project is disclosed at intake.
Reconstructing from the finished building
Assessing the position at termination from the site as later completed, which conceals what was actually there.
Betterment counted as loss
Unexplained distinctions or allocations among original scope, repairs, changed work and other cost components.
Material contrary evidence left out
Failing to address material evidence relevant to the assigned questions, including information contrary to a proposed conclusion.
FAQ
Construction termination expert witnesses: common questions
What does a construction termination expert witness do?
A termination assignment examines the construction record at the relevant date: the extent of completed work, recorded progress, administration of the contract and subcontracts, and completion-cost questions that follow. The focus is the construction record and the practical management of the contract, not a legal conclusion about whether a termination was proper.
What is the difference between termination for default and termination for convenience?
Those labels come from the contract. Termination for default and termination for convenience can raise different cost and scope questions, but the technical work still starts with the same record: work status at the relevant date, contemporaneous documents, and what it costs to complete original scope as opposed to repairs, betterment or added scope. How the contract treats those categories is for counsel and the tribunal.
Who is Oxley’s construction termination expert?
Daniel R. Zorrilla, J.D., BSBC, CGC, CFCC, is Oxley’s President and a testifying expert whose practice areas include termination and completion costs. David Hengelbrok, P.E., PSP, has supported expert reports and testimony on termination and associated damages. Jeremy Easen, BSBC, CGC, inspects on-site conditions in support of the testifying expert’s analysis.
How are completion costs analyzed after a termination?
Completion-cost questions may concern remaining work, original scope, repairs, changed work and the records supporting particular cost allocations. The assessment can also examine how those scopes and costs were documented and administered. Betterment and added scope are identified separately when those questions are in the assignment.
Why does the termination-date record matter?
A retrospective assessment may examine the work and administrative record at the termination date. Later changes to the site, completion by others and gaps in contemporaneous information can affect what a reconstruction represents. Assessing the position at termination from the building as later completed can conceal what was actually there.
Does Oxley work for owners, contractors or sureties?
Oxley is retained by owners, developers, public entities, contractors, subcontractors, insurers, sureties and their counsel. Oxley acts for only one party on a project. Fees do not depend on the findings.
Where does Oxley provide termination expert witness services?
Oxley is based in Clearwater, in Tampa Bay, and handles matters across Florida and matters involving projects outside Florida.
What should we send for a first conversation?
Party names and a brief nonconfidential description for conflict review only. Please wait until Oxley confirms intake before sending confidential or substantive materials.
For counsel
Further reading
- Completion costs Technical analysis of remaining work and construction completion costs.
- Construction delay expert witnesses Whether and why the completion date moved, and how much time each event accounted for.
- Construction defect expert witnesses Condition, cause and cost of remedy of alleged defects.
Termination
Talk to a consultant
Also in this practice
Consulting Expert Witness Opinions & Testimony
- DelayTechnical opinions on delay events, schedule effects and related contract administration.
- DisruptionTechnical opinions on productivity effects, including effects without a change in the completion date.
- Construction DefectsOpinion on the existence, cause and cost of remedy of alleged defects.
- Construction Industry StandardsConstruction-practice opinions grounded in the project facts and records.
- Construction Contract AdministrationOpinions on day-to-day administration of contracts and subcontracts from a contractor project manager’s perspective.
- Delay DamagesTechnical analysis of delay-related costs, supporting records and assumptions.
- Contractor, Owner & Subcontractor Damages CalculationsDamages quantification for different roles in the contractual chain.
- Forensic Construction AccountingTracing claimed cost back through the books to what was actually spent.
- Property Damage Expert OpinionsOpinion on first-party windstorm, hurricane and water losses: scope, repair and cost.
