David E. Chase, AIA, NCARB, LEED GA

Mr. David E. Chase, AIA, NCARB, LEED GA

Chase A+EP, pc.
403 S.Sapodilla Ave., Ste.# 604
West Palm Beach , FL 33401
Office: 609-577-0304
Fax: 561-514-3549

Introduction

Architect Expert Witness, Arbitrator and Mediator.West Palm Beach,Florida.

With over 40 past and present forensic construction case assignments in 15 Jurisdictions and 5 States on the East Coast, Mr. Chase was the former long-term President and CEO of one of the largest architectural firms in the USA,receiving his Masters at Columbia University. Over the course of his 50 year career, he has personally been responsible for over $1 billion of constructed projects, as designer, specifier, project manager, architect-of-record or principal-in-charge of small and large complex projects.
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CONNECTING-THE-DOTS


Serving as Expert Witness, testifying in depositions and trial, Mr. Chase has carried out professional services in forensic design and construction assignments for both plaintiffs and defendants in a variety of matters including:

• Standard of Care
• Architectural Contracts
• Code and Reference Standards
• Construction Defects
• Water Intrusion
• Building Envelope
• Errors and Omissions
• Betterment
• Construction Forensics
• Stucco Systems & EFIS
• Florida 718 Statutes for Condominiums




dchase@chaseaep.com
cell phone 609-577-0304 {24/7/365}


Areas of Expertise

  • Americans with Disabilities Act (ADA)
  • Architect Liability
  • Architecture
  • Business
  • Business Interruption
  • Construction
  • Construction Damages
  • Interior Design
  • Law & Legal
  • Liability Insurance
  • Roofing

Expert Background

Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: Current Architectural Licensure
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Connecticut; District of Columbia; Florida; Georgia; Kansas; Louisiana; Maryland;
Massachusetts; Missouri; Nebraska; New Jersey; New York; North Carolina; Oklahoma;
Pennsylvania; Rhode Island; South Carolina; Texas; Virginia;
NCARB
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Education & Certifications
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Syracuse University, Bachelor of Architecture, Syracuse, NY
École des Beaux-Arts, Diploma, France
Columbia University, Master of Science in Architecture, New York, NY
AAA Five Steps to Fast-Track the Large, Complex Construction Case
AAA Dealing with Delay Tactics in Arbitration
AAA Mediating the Construction Dispute / Orange County Bar Association
AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards
AAA Arbitrator Training – Fundamentals of the Arbitration Process, NY
Florida Supreme Court Circuit Civil Mediator #24971R
Florida Supreme Court–Appointed Arbitrator Qualified
Florida Supreme Court Advanced Arbitration Training
Florida Supreme Court Residential Mortgage Foreclosure Mediator
Florida Supreme Court RMFM Training
AIA/Contractual, Legal & Professional Liability Ramifications of
Sustainability Design
AIA/Legal, Insurance & Practice-Related Issues Arising from
LEED® Contracts
California/Florida Post-Disaster Safety Assessment Evaluator
Green Building Certification Institute – LEED® Green Associate – USGBC
Oracle PRIMAVERA Sure Trak 3.OcCertified – CPM Scheduling
REFP, Recognized Educational Facility Professional, CEFPI
DRBF---MEMBER
CDRS---MEMBER
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Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: Professional Affiliations
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American Institute of Architects (National, Palm Beach, Florida-Current Board Director & Ethics Committee)
Association of South Florida Mediators & Arbitrators
Columbia University Alumni Association
Council of Educational Facility Planners International
Florida Academy of Professional Mediators
Fontainebleau Alumni Association
National Council of Architectural Registration Boards
Palm Beach Community College Career Consultant Network,
Ft. Lauderdale, Florida
Society of Marketing Professional Services (National & Treasure Coast Chapter, Florida)
Syracuse University Alumni Association
US Green Building Council (National)
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Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Experience Summary
.............................................
Mr. Chase is currently practicing Architecture in FLORIDA and is licensed in 19 states. His expertise is technically-grounded in green and sustainable design, specifications, agreements and the construction of a broad range of new,renovated and completed projects, CPM Scheduling and delivery methods. He has been responsible for approximately $1 billion of constructed projects, operating with all models of project design and delivery. He has personally designed educational facilities, stadiums, criminal justice facilities, housing (senior and assisted living, affordable, public, multi-family, single detached), healthcare, commercial, hospitality and retail complexes. Throughout his career, he has engaged in the research, training and actual practical applications of design-bid-build, design-build-finance, bridging, sole source and government T&M contracts.

A financing specialty of Mr. Chase is the 501-C3, Installment and Certificate of Participation financing vehicle for school construction in the states of New Jersey and New York. He has acted as the Principal-in-Charge for large projects and is familiar with Construction Management, scheduling, at-risk and owner dynamics. He facilitated the Unique Schools Facilities Project 2000, a $65 million Certificate of Participation, lease-back, building program in East Orange, New Jersey, together with the Buffalo City School District Master Plan for approximately 60 urban schools in Buffalo, New York. Internationally, in the 80’s, he maintained a Chase Architectural office in Cairo, Egypt, for two years carrying out planning and hospitality projects.

As an entrepreneur, Mr. Chase founded an Architecture and Engineering Firm in 1972, sold it after 20 years of practice, becoming President/CEO of the 5th largest USA Architectural Firm -- Hillier Architects in 1997. This experience in the recruitment and retaining of qualified staff, mergers and acquisitions, marketing professional services, managing complex cultures, risk management, legal and Human Resources teams provides a very broad, experiential foundation for fair, objective and balanced judgment regarding issues in dispute resolutions.

He was an elected Public School Board Member, Beaufort County, South Carolina from 2005-2007 and served as the Facility Chair to the Board for new construction projects, district-wide.

Mr. Chase has acted as an expert witness in Florida Statues 718 for Condominium Evidentiary Claims, regarding Converter and Statutory Reserves. He is familiar with BIM (Building Information Modeling) and PRIMAVERA CPM Scheduling in delay claims. He has served as an American Arbitration Association Neutral since 2006 in the Southeast Region of the United States, certified as a Florida Supreme Court Arbitrator.

Employment
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Chase A+EP, pc, President, Consultant – 2003-Present
Chief Financial Officer, Song + Associates, Inc. West Palm Beach, Florida – 2006-2009
Hillier International, Inc., Architects, President & Chief Executive Officer, 1997-2003, Princeton, NJ
Hillier Architects, Pennsylvania, Inc.-President 1997
L. Robert Kimball, Architects & Engineers, Division Manager, 1992-1996, Ebensburg, PA
Chase Architectural Associates, PC, President & Founder, Syracuse, NY 1972-1992


Past-Chair, Design Committee, New York State Commission on The Restoration of the New York State Capitol
Past-Board Member, Onondaga County Solid Waste Authority, Syracuse, New York
Past-Chairman, Onondaga County Stadium Commission, Syracuse, New York
Board Member, United Way, Syracuse, New York
Past-Treasurer, Central New York Rape Crisis Center, Syracuse, New York
Past-Chair, Planning Board, Town of Clay, New York
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Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: NO
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Q: On how many occasions have you been retained as an expert?
A: Claims, Expert Witness & Dispute Resolution Experience
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Over his 45 year professional career, Mr. Chase has developed a Claims production and defense style, fostered by the varied legal and business situations which required his global and detailed participation. Although not an Attorney, having prepared and directed lien filings to protect fees unpaid, drafting plaintiff claims for fee recovery and defensive responses on errors and omissions issues in second and third party complaints, and as a quick study, he has been able to analyze the strengths and weaknesses of each case, to develop a strong position on which the substance compels a favored negotiating advocacy.

Although actual case references are protected by confidentiality requirements, general themes of Claims work are as follows:

• Preparation of numerous defendant positions for negligence, errors/omissions and professional standards claims and contract breach, together with multiple plaintiff claims for fees and mediation processes.
Fact Pattern: Case – Florida, non-profit complaint against an Architectural Firm for $4 million in negligence and loss of revenue during a construction of a project. Mr. Chase’s defendant’s responses included document production, interrogatories, insurance coverage issues, sub-consultant notifications and complaints, claims representatives, mediation advocacy, presentations and negotiations, with current mediation adjournment, pending insurance coverage suit decision by the Court.

• Preparation of 100’s of professional service agreements in AIA, AGC and municipal boilerplate formats in multiple state/county and school district jurisdictions.
Professional Contracts: A special skill of Mr. Chase has been the drafting of tight, clear and outcome predictable documents which create a protective foundation for projects. Recognizing that the “Contract Dance” is a give and take, there is no excuse in missing the primary codicils of indemnification, risk assessment, business certainty, value, sustainable precepts, fairness and duty. The tools include the NSPE/NJCDC Document series, AIA series 2007, Florida Statutes, Design-Build, Bridging, Construction Manager at Risk, BIM, LEED/USGBC and US Government multi-agency boilerplates. The foreshadowing professional forms for change orders, rfi’s and scheduling/tracking also need to be in the process from “day one”, extending to the Certificate of Occupancy and the Warranty Period of all projects under the responsibility of any Professional firm.



• Expert witness for Plaintiff in Florida Statutes 718, Condominium Converter Reserves case, preparation of Evidentiary Finding of Fact, currently in the legal process which may be a landmark case in Florida, if it proceeds to trial (Spring 2010).
Fact Pattern: Case – Florida, Condominium Association purchased a 20 year old existing grouping of buildings and at turnover about $500,000 was paid by the owner/developer to the Association. The Association sued the developer over this amount claiming that the monies were not correct. Mr. Chase was requested as an expert witness by the Association through his employer to provide an evidentiary finding on the Statute required monies at turnover based on the Complaint. A 75 page Finding Report was issued by Mr. Chase which found that approximately $4.1 million was due, based on three (3) references to the Statutes under FL 718. After Court ordered mediation, the matter was settled pre-trial.
• Pro Se defendant in a professional claim, through the trial stage, vacated without prejudice.
Fact Pattern: Case – New York, personal injury claim where a woman in a shopping center injured her arm and hand, sued Mr. Chase’s Architectural Firm for $125,000 in Federal Court. Mr. Chase decided to defend his Firm as Pro Se and not involve the professional liability carrier based on the circumstances and a risk assessment. The process went from depositions, pre-trial conferences, jury selection, trial, self-examination, deliberation. The Chase Firm, one of the trial’s three defendants, was excused by the Judge without prejudice prior to verdict following the hearing of Chase’s testimony.

• Jury Foreman, Civil murder trial lasting 4 months with a final guilty verdict.
Fact Pattern: Case – New York, a married couple celebrated their 14th wedding anniversary at their favorite restaurant and returned home. During the night, the wife shot her husband 9 times in bed and then claimed that her paranoia compelled her to do it. She proffered the insanity defense. Mr. Chase was not only selected to sit on the jury but also became the foreman. After a 4 month trial, the Jury was sequestered for 3 days because of a jury deadlock but the Jury unanimously found the defendant guilty and was sentenced to life without parole. During the trial, rules of evidence were challenged, the defendant did not testify and there were several jury substitutions due to illness and other undisclosed facts. Mr. Chase served continuously while managing his Architectural firm.

• Expert witness for a Defendant Professional regarding Florida Statutes 718, which currently is in the Deposition stage in Broward County.
Fact Pattern: Case – A Building Condominium Association has sued the developer and associated professionals for inadequate representation of the building condition at Declaration of Condominium and Turnover. Mr. Chase prepared an Evidentiary Finding of Fact to explore the process, adequacy and standard of care utilized by the professionals within the context of 718.616 and the Administrative Code. After depositions, the matter was settled pre-trial.
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Q: When was the last time you had your deposition taken?
A: 04/29/11------------------------------------------------------------------------------------
Q: For how many years have you worked with the legal industry as an expert?
A: 30 Plus Years

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References

“I have had the pleasure of working with Mr. Chase for over seven years in connection with my representation of Hillier Architects International, Inc., where he served as its President and Chief Executive Officer. We worked closely together in effectively resolving a number of complex construction claims. His knowledge of both substantive design issues as well as business factors were invaluable in resolving claims. Mr. Chase was able to quickly absorb the legal principles involved in the claims and focus upon the relevant facts.” 2010

– Thomas J. McGarrigle, Esq., Partner-in-Litigation, ReedSmith LLP



“Over the past several months, Mr. Chase has represented the Insurance Carrier and our Miami client in a Florida Statute 718/ Condominium Converter Reserve claim. With his depth of knowledge and technical experience, David prepared an Evidentiary Finding of Fact which examined and validated our client’s position, leading to a pre-trial settlement. Undoubtedly, his presentation of the issues and quality of argument were a definite asset in the resolution of this dispute.” 2010

– Bruce R. Calderon, Esq., Milber Makris Plousadis & Seiden, LLP




“I had the pleasure of working with David for approximately four years when he was the CFO of an architectural firm that was a client of mine. He was my contact person for all firm matters, including contracts, construction claims, insurance issues and accounts receivable. He always provided the highest caliber of work and due diligence. David is very detail oriented and his mediation, deposition and pre-trial documentation skills allowed us to create legally relied-upon fact patterns and opinions that were sustainable both in and out of court. His knowledge and skill in evaluating issues were key to the resolution of firm disputes and invaluable to the firm.” 2010

– Sherry L. Hyman, Esq., Law Office of Sherry L. Hyman, PLLC