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LITIGATION SUPPORT SERVICES


CENTER FOR RAPID RESPONSE ENGINEERING® SOLUTIONS

ENGINEERING AND SCIENTIFIC CONSULTING SERVICES

Resume of PNL, CPA, PE, CFE

EXPERTISE AND SERVICES

Construction Dispute Expert Consultant
Expertise in litigation, valuation, and forensic services, damage quantification in breach of contract, business interruption, construction, dealer/distributor termination, intellectual property infringement litigation matters, business and intangible asset valuation, fraud and forensic investigations, with experience in construction and real estate disputes

PRINCIPAL INDUSTRIES SERVED
Automotive, Construction, Communications, Consumer/Industrial Electronics, Financial, Legal, Manufacturing, Medical, Optics, Packaging, Railroad, Rubber, Software, Steel Production

EDUCATION
M.B.A., Finance, University of Chicago
M.S., Engineering, Illinois Institute of Technology
B.S., Engineering, Michigan State University

PROFESSIONAL EXPERIENCE
Kevin Kennedy & Associates, Inc.

Providing engineering consulting, certified public accounting, certified fraud examination, management consulting, expert testimony, forensic accounting, and related expertise to a wide variety of clients.

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Case Studies

Partner, litigation and valuation services company

Primarily responsible for assisting companies and their legal counsel in developing and analyzing issues related to valuation, forensic accounting, and economic damage quantification.

This KKAI consultant has substantial experience in developing approaches for the determination of economic damages in a wide variety of litigation engagements. His case experience includes anti-trust, breach of contract, business interruption, construction, dealer/distributor termination, environmental, and intellectual property matters, among others. Assignments have been in a variety of industries including automotive, banking, computer software, construction, consumer and industrial electronics, general manufacturing, medical supply, packaging, railroad, rubber, steel and telecommunications. Has extensive experience in providing expert deposition and trial testimony in arbitration, state and federal court.

CONSTRUCTION DISPUTE EXPERIENCE

Specific examples of his experience in construction and real estate disputes include:
Reviewed a Fortune 100 defense contractor's allocation of home office expenses to individual contracts being performed at several manufacturing locations. The engagement involved reviewing the home office overhead pool, on a transaction level basis, to determine the allowability of costs for government contract work. In addition, costs were allocated to production facilities according to Federal Acquisition Regulations and then apportioned to government and commercial contracts within the individual plants.

Determined the economic damages sustained by a developer due to the tardy completion of work by the underground utility contractor.

Analyzed alleged delay and disruption damages at a facility due to improper construction of grain handling tanks.

Analyzed repair and maintenance costs incurred at a nuclear power plant during an extended forced outage period. The analysis included the review of the supporting documentation for various modifications performed during this period to determine the causes and reasonableness of the as-built activity durations and costs.

Analyzed construction delay damages associated with the late completion of a museum. The delay was primarily due to steel fabricator errors.

Provided expert testimony in an engagement involving disruption damages allegedly due to changed and defective specifications provided to a manufacturer performing under a fixed priced contract. The claim required the pricing of change orders as well as the pricing of the resulting delay and disruption caused by the defective specifications and owner interference.

Provided expert testimony in an engagement involving delay damages resulting from design related equipment failures that resulted in reduced production and sales.

Analyzed damages related to a Subdivision Development Agreement between an owner and a residential builder. With the project considerably undersold, the analysis focused on the various fees and expenses that should be reimbursable to the builder .

Reviewed a damage claim between a developer and a builder of modular homes. The alleged damages included the costs incurred to correct defects and the lost profits associated with a damaged reputation for the development.

Served as field engineer responsible for the avoidance and resolution of design-related delays during the construction of a nuclear power station. Responsibilities included the engineering review and approval of contractor change orders.

Reviewed the as-built costs associated with the construction of a sewer project that is shared between two adjacent municipalities. The engagement involved the substantiation of the total costs incurred as well as the allocation of these costs to the appropriate party.

ADDITIONAL EXPERIENCE

EXPERT WITNESS TESTIMONY
Case involving major brewing companies, deposition, trial testimony
Case involving transportation manufacturing firm and major city transit authority, deposition
Case involving dental technology manufacturer, deposition, trial testimony
Case involving major battery manufacturer, deposition, trial testimony
Case involving manufacturing firm, arbitration testimony.
Case involving plastics manufacturer and engineering firm, deposition
Case involving worldwide information technology consulting firm, deposition
Case involving hospital and medical center, deposition
Case involving safety compliance and training firms, arbitration testimony
Case involving environmental technology, trial testimony
Case involving industrial engineering, deposition
Case involving hospital medical center, deposition
Case involving technology firms, deposition
Case involving manufacturer and major automotive manufacturer, deposition
Case involving major automotive parts supplier, deposition
Case involving construction firm, arbitration testimony
Case involving real estate investment firm, arbitration testimony
Case involving financial firms, deposition, trial testimony
Case involving die manufacturers, deposition
Case involving financial investment firm, arbitration testimony
Case involving major truck manufacturer, arbitration testimony
Case involving major franchise operation, deposition
Case involving development firm, trial testimony
Case involving assisted living corporation, arbitration testimony
Case involving braking systems firm, deposition
Case involving medical technologies firm, arbitration testimony
Case involving major personal computer industry firm, deposition
Case involving securities firm, arbitration testimony
Case involving major automotive manufacturing firms, deposition
Case involving major financial investment firm, arbitration testimony
Case involving construction firm, deposition
Case involving major automotive manufacturer, deposition
Case involving manufacturer and global automotive supplier, arbitration testimony

PROFESSIONAL REGISTRATION
Certified Public Accountant, IL, OH
Registered Professional Engineer, IL, OH, MI
Certified Fraud Examiner, Association of Certified Fraud Examiners
Registered Patent Agent, U. S. Patent & Trademark Office
Certified Management Accountant, Institute of Management Accountants
Certified Software Manager, Software & Information Industry Association
Automotive Product Development Mgmt Certificate, Society of Automotive Engineers
Roster of Neutrals, Commercial Panel American Arbitration Association

PROFESSIONAL AFFILIATIONS
American Institute of Certified Public Accountants
Licensing Executives Society
Society of Automotive Engineers
Illinois CPA Society
Association of Certified Fraud Examiners
Institute of Management Accountants
American Society of Appraisers

PUBLICATIONS
Author of numerous intellectual property publications and presentations on topics related to determination of damages in patent litigation, patent infringement litigation damages, using financial data in legal practice, intellectual property litigation & business strategy, software sales channel options, license monitoring and royalty management, intellectual property and intangible assets, technology transfer solutions for universities and nonprofit organizations, trade secrets litigation, intellectual property valuation basics, and more.

Please note that this is an abbreviated CV. A fully detailed unabridged CV is available under special circumstances.

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Kevin Kennedy & Associates, Inc.
Rapid Response Engineering® Solutions
3905 Vincennes Road, Suite 320
Indianapolis, Indiana 46268
(317) 536-7000 voice
(317) 536-7220 fax

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