Construction Delay Expert Witnesses in Florida

The short answer

What Oxley's construction delay expert does

Oxley provides construction delay expert witness services to counsel and parties in construction disputes. Daniel R. Zorrilla, J.D., BSBC, CGC, CFCC, leads the work as testifying expert. He examines the baseline, the schedule updates and the project records to determine whether completion was delayed, which events affected the critical path, how much time each accounted for, and whether the delays were concurrent on the critical path. How concurrent delay is treated depends on the contract and applicable law, which are for counsel and the tribunal.

The method is chosen to fit the contract and the records, stated in the report and explained in testimony at deposition, trial, arbitration or mediation. The analysis addresses the record, including evidence that cuts against the retaining party.

Owners and contractors with a live project can start with schedule review and analysis.

Testifying expertDaniel R. Zorrilla, J.D., BSBC, CGC, CFCC, President
Scheduling teamDavid Hengelbrok, P.E., PSP; Jeremy Easen, BSBC, CGC
MethodsWindows analysis, as-planned vs. as-built, time impact analysis and other recognized forensic schedule analysis methods
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 and their counsel

Who does the work

Daniel R. Zorrilla, J.D., BSBC, CGC, CFCC

Dan Zorrilla is Oxley's President and testifying expert on construction schedule delay, disruption, lost productivity, cumulative impact and related damages. He has been in construction since 1991, starting in the fire sprinkler trade. Dan managed construction for national and regional general contractors. From 1999 to 2005, he worked for Suffolk Construction in its West Palm Beach office, rising from project engineer to project manager on mid-rise and high-rise residential projects in South Florida. From 2005 to 2008, he was a senior project manager in the Tampa office of Hardin Construction (acquired by DPR Construction in 2013), managing construction of a $28 million condominium in Tampa and a $124 million resort in Puerto Rico. From 2008 to 2014, he worked as a senior consultant with Trace Management performing schedule, pay application and delay analyses in support of expert reports and construction claims, and, after earning his J.D. in 2011, practiced law for about a year on litigated matters. He is a member of The Florida Bar and does not practice law. After moving into consulting in 2008, he returned to the contractor side from 2014 to 2015 as a senior project manager for West Palm Beach-based KAST Construction on the $145 million Westin Sarasota hotel and Vue Sarasota condominium. Dan has been with Oxley since 2015, after consulting with Trace Management from 2008.

Dan earned his J.D. in 2011 and practiced law for about a year. He is a member of The Florida Bar and does not practice law. Work through Oxley is technical consulting, not legal representation.

Dan 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. He was appointed arbitrator by the American Arbitration Association (AAA) in about 50 cases. Arbitrator appointments are conflict-checked separately from expert engagements.

Licenses, certifications and memberships

Florida Certified General Contractor CGC1506197
AACE International Certified Forensic Claims Consultant (CFCC)
Member, The Florida Bar
Panelist, American Arbitration Association
Florida Supreme Court Certified County and Circuit Court Mediator (Florida Courts mediator lookup)
Member, Construction Law Committee, Real Property, Probate & Trust Law Section, The Florida Bar
LEED Accredited Professional, U.S. Green Building Council

Education

J.D., Stetson University College of Law, 2011
B.S. in Building Construction (BSBC), University of Florida, 2000

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 construction delay is measured

No single method fits every project. Depending on the facts and available records, a delay analysis may use a windows analysis, an as-planned versus as-built analysis, or another forensic schedule analysis method described in AACE International Recommended Practice No. 29R-03. The report names the method, explains why it suits the contract and the records, and explains period selection and the treatment of schedule updates.

Schedule validation

Testing whether the baseline and updates are reliable enough to use: logic, constraints, calendars, actual dates and how each version was submitted.

Windows analysis

Measuring, period by period, how the critical path and forecast completion moved and what drove each change.

As-planned vs. as-built

Comparing the planned sequence with what actually happened, using the as-built record, where updates are unreliable or missing.

Time impact analysis

Modeling an event as a fragnet inserted into the schedule to measure its effect on completion, prospectively for a time request or retrospectively in a dispute. See TIA review.

As-built reconstruction

Rebuilding the work sequence from daily reports, photographs and correspondence when schedules are incomplete, with key assumptions stated.

Concurrent delays

Identifying delays that affected the critical path in the same analysis period, examining whether they were independent, and documenting the records and assumptions used. See What is concurrent delay?.

How an assignment runs

From the record to the opinion

01
Establish the documentary position
Assess what the baseline, updates and project records can actually support before forming any view on cause.
02
Isolate the events
What events and periods are documented, what work may have been affected and how were related notices and submissions administered?
03
Trace the effect on completion
Examine each event's effect using an approach suited to the question, and state the time perspective, evidence and key assumptions.
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 delay 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.

Where we work

Tampa Bay and Florida, with out-of-state 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

National

Delay 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 delay opinion avoids

We act for only one party on a project, and fees do not depend on findings. Any earlier role on the project is disclosed at intake.

An opinion shaped to the brief

Failing to address material evidence relevant to the assigned questions, including information contrary to a proposed conclusion.

Unsupported reconstruction

A reconstructed work sequence whose logic is not tied to dated project records.

Unexplained technical output

Technical findings whose basis, assumptions or limitations are not explained in relation to the assigned questions.

FAQ

Construction delay expert witness: common questions

What does a construction delay expert witness do?

A construction delay expert witness examines the project schedules and records to determine whether completion was delayed, which events affected the critical path, how much time each event accounted for, and whether the delays were concurrent on the critical path. The expert explains the method, the evidence relied on and the limits of the conclusions in a report and in testimony at deposition, trial, arbitration or mediation.

Who is Oxley's construction delay expert?

Daniel R. Zorrilla, J.D., BSBC, CGC, CFCC, is Oxley's President and testifying expert on schedule delay, disruption and related damages. He is a Florida Certified General Contractor (CGC1506197), an AACE International Certified Forensic Claims Consultant, a member of The Florida Bar and a Panelist of the American Arbitration Association. He has been in construction since 1991 and began consulting and expert work in 2008. David Hengelbrok, P.E., PSP, and Jeremy Easen, BSBC, CGC, support the scheduling and delay analysis.

Which delay analysis methods does Oxley use?

The method depends on the question, the contract and the available schedules and records. Depending on the facts, an analysis may use a windows analysis, an as-planned versus as-built analysis, a time impact analysis, or another recognized forensic schedule analysis method. The report states which method was used and why it fits the records.

How is concurrent delay addressed in a schedule analysis?

As a schedule-analysis step: the analysis identifies delays that affected the critical path in the same analysis period, examines whether they were independent of each other, and states the records and assumptions used. How concurrency is treated depends on the governing law and the contract, which are for counsel and the tribunal.

Does Oxley work for owners or contractors?

Both: owners, developers, public entities, general contractors, subcontractors, insurers and their counsel. The analysis addresses the record.

Where does Oxley provide construction delay expert witness services?

Oxley is based in Clearwater, in Tampa Bay, and handles matters across Florida, including the Sixth Judicial Circuit (Pinellas and Pasco), the Thirteenth Judicial Circuit (Hillsborough), the Middle and Southern Districts of Florida and arbitration. Oxley also handles matters involving projects outside Florida.

Has Dan Zorrilla testified as a delay expert?

Yes. Dan has testified in more than 40 cases, in litigation, including federal court, and in arbitration, including on project delay and delay damages. He has been retained as a consultant or expert in more than 100 construction matters. His CV and testimony history are available to counsel on request.

When should counsel retain a delay expert?

Often earlier than expected: when successive schedule updates move the forecast completion date, when an extension request is disputed, before mediation, or when an opposing delay analysis needs review. An early, limited review can identify missing schedule files and narrow the issues before a full analysis is commissioned.

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

Talk to a delay expert

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Construction Delay Expert Witnesses