Keith Gilbert

Mr. Keith Gilbert

Proven Ground Consulting LLC
871 East Fiddlers Canyon Road
Cedar City , UT 84721
Mobile: 435-383-3403
Office: 435-383-3403
Introduction

Heavy civil construction expert witness. with a vast knowledge of Mining Operations, MSHA Regulations, MSHA Compliance, MSHA accident investigation, Mass Excavation, Earthwork production, Earthwork compaction operations, Heavy equipment operation, Heavy equipment deficiencies which includes Crushing equipment, Construction Claims which includes change order disputes, Geotech clarification (contractor side) Differing site conditions, Weather delays, Utility Strikes, Trench Safety, OSHA compliance (contractor operations) Blue Stakes or call before you dig, Equipment payment disputes, Railcar Renal, Railcar Maintenance condition, Scheduling disputes and production analis.

Have testified experience in Federal Bankruptcy court, MSHA Court, Utah State court, Small claims court, and multiple depositions.


Areas of Expertise
  • Accident Investigation
  • Accident Reconstruction
  • Construction
  • Construction Safety
  • Construction Site
  • Conveyors
  • Equipment & Machinery
  • Mining
  • OSHA
  • Utilities

Expert Background
Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: PROFESSIONAL LICENSES & CERTIFICATIONS
UTAH
● E100 Contractor License
● B100 Contractor License
● St. George City Water Card
NEVADA
● General Engineering Contractor License
● Reported $10 million limit
IDAHO
● Public Works Contractor License
MSHA
● MSHA Part 48 Subpart B — Surface Train-the-Trainer Certification
● MSHA Part 48 Trainer
● MSHA Part 46 Trainer
COMMERCIAL DRIVER LICENSE
● Class A CDL
● Doubles / Triples Endorsement
● Tanker Endorsement
● Combination Vehicles
AVIATION
● Private Pilot License
GEOGRAPHIC EXPERIENCE
Keith’s construction, mining, transportation, and project-management experience extends
across the Western United States and includes major work in:
Utah • Nevada • California • Idaho • Virginia
His experience in these states includes heavy civil construction, public works, transportation
infrastructure, mining, underground mining, reclamation, landfill construction, solar
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: AGC, MSHA, Southwest Grading and underground, KSG Enterprise, Nevada Utah Enterprises
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: MSHA
● MSHA Part 48 Subpart B — Surface Train-the-Trainer Certification
● MSHA Part 48 Trainer
● MSHA Part 46 Trainer
Jobsite training, Equipment operation training, Crushing and conveyor training, Haulage training, Heavy Equipment Maintenance training
Q: On how many occasions have you been retained as an expert?
A: Vast experience Which includes testifying in Federal Bankruptcy Court for rail car payment, maintenance and general knowledge dispute, State court for contract dispute on equipment rentals for Crushing and conveyor equipment. MSHA court for lock out tag out, task training, New miner and task training, Utah state court for utility strike on gas line, blue stakes and contractor support. Mediation for contract and specifications dispute which included change of condition in the geo tech vrs expectation from the owner
Q: For what area(s) of expertise have you been retained as an expert?
A: MSHA, Crushing and conveying, change of conditions, Utility installation, Blue staking (call before you dig) disputes, Equipment Rentals, Equipment malfunction.
Q: In what percentage of your cases were you retained by the plaintiff?
A: 50% of my experience is on the plaintiff side
Q: In what percentage of your cases were you retained by the defendant?
A: 50% of my experience is on the defendant side.
Q: On how many occasions have you had your deposition taken?
A: I have been deposed 4 times on 4 different occasions
Q: When was the last time you had your deposition taken?
A: about a year ago.
Q: For how many years have you worked with the legal industry as an expert?
A: I have worked in the legal industry on more on the Contractor side dealing with day to day disputes in the industry. I have testified for other contractors and owners with my knowledge of the equipment or case they were involved in.
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: HEAVY CIVIL CONSTRUCTION
Mass excavation • Mass grading • Highways • Interstate construction • Bridges • Highway
interchanges • Dams • Flood control • Landfills • Utilities • Pipelines • Site development • Solar
projects • Asphalt paving • Reclamation • Public works • General engineering
MINING
Open-pit mining • Underground hard-rock mining • Mine development • Reclamation •
Overburden stripping • Drill and blast • Ore production • Ore blending • Sampling • Haulage •
Dewatering • Crushing • Processing • Material handling • Iron ore • Leach pads • Mine
infrastructure. MSHA compliance support, MSHA training
ASPHALT & AGGREGATE OPERATIONS
Aggregate production • Aggregate crushing • Aggregate screening • Asphalt hot-mix plant
construction • Hot-mix asphalt production • Asphalt trucking • Aggregate trucking • Aggregate
placement • Finish grading • Asphalt laydown • Roadway construction • Parking lots •
Driveways • Utility patches • Asphalt overlays • Paving operations • Production scheduling •
Material delivery • Paving equipment • Quality control
EQUIPMENT & PRODUCTION
Fleet selection • Fleet sizing • Equipment utilization • Production rates • Earthmoving
productivity • Scrapers • Haul trucks • Front shovels • Loaders • Excavators • Dozers • Motor
graders • Crushers • Conveyors • Screening • Processing equipment • Pumps • Dewatering
systems • Asphalt paving equipment
TRANSPORTATION & HEAVY HAUL
DOT transportation • Heavy-haul operations • Oversized equipment • Bridge girders • Large
haul trucks • Front shovels • Loaders • Scrapers • Equipment mobilization • Construction
logistics • Transportation planning • Aggregate trucking • Hot-mix trucking
RAILROAD OPERATIONS
Short-line railroad development • Mine-to-rail transportation • Unit trains • Rail loadout • Railcar
maintenance • Track maintenance • Railroad logistics • Union Pacific interchange • Mine
shipping operations
CONSTRUCTION CLAIMS
Construction disputes • Change orders • Productivity • Equipment utilization • Production •
Costs • Contractor performance • Means and methods • Scheduling • Project execution •
Construction logistics • Quantity and cost tracking • Field conditions
CONSULTING
Project reviews • Estimating • Construction planning • Equipment/fleet analysis • Mining
operations • Project feasibility • Contractor evaluation • Owner/investor due diligence •
Construction claims support
EXPERT WITNESS
Case evaluation • Technical analysis • Site inspections • Expert reports • Depositions • Trial
testimony • Construction means and methods • Equipment and production analysis • Mining
and reclamation analysis
Q: What is your hourly rate to consult with an attorney?
A: Service Rate Terms
Initial case screening $500 Up to two hours; paid in advance; conflict clearance required
Document review $300 per hour One-tenth-hour increments
Research and analysis $300 per hour One-tenth-hour increments
Report preparation $325 per hour Drafting, exhibits, revisions, and quality review
Project and mining consulting $325 per hour Specific rate stated in Matter Schedule
Site inspection $400 per hour Four-hour minimum plus travel and expenses
Deposition $500 per hour Four-hour minimum; preparation billed separately
Trial, arbitration, or hearing testimony $500 per hour Eight-hour minimum for each reserved appearance day
Travel time $175 per hour Plus reasonable travel expenses
Rush work Applicable rate plus 25 percent Only when accepted in writing

Q: What is your hourly rate to review documents?
A: Service Rate Terms
Initial case screening $500 Up to two hours; paid in advance; conflict clearance required
Document review $300 per hour One-tenth-hour increments
Research and analysis $300 per hour One-tenth-hour increments
Report preparation $325 per hour Drafting, exhibits, revisions, and quality review
Project and mining consulting $325 per hour Specific rate stated in Matter Schedule
Site inspection $400 per hour Four-hour minimum plus travel and expenses
Deposition $500 per hour Four-hour minimum; preparation billed separately
Trial, arbitration, or hearing testimony $500 per hour Eight-hour minimum for each reserved appearance day
Travel time $175 per hour Plus reasonable travel expenses
Rush work Applicable rate plus 25 percent Only when accepted in writing

Q: What is your hourly rate to provide deposition testimony?
A: Service Rate Terms
Initial case screening $500 Up to two hours; paid in advance; conflict clearance required
Document review $300 per hour One-tenth-hour increments
Research and analysis $300 per hour One-tenth-hour increments
Report preparation $325 per hour Drafting, exhibits, revisions, and quality review
Project and mining consulting $325 per hour Specific rate stated in Matter Schedule
Site inspection $400 per hour Four-hour minimum plus travel and expenses
Deposition $500 per hour Four-hour minimum; preparation billed separately
Trial, arbitration, or hearing testimony $500 per hour Eight-hour minimum for each reserved appearance day
Travel time $175 per hour Plus reasonable travel expenses
Rush work Applicable rate plus 25 percent Only when accepted in writing

Q: What is your hourly rate to provide testimony at trial?
A: Service Rate Terms
Initial case screening $500 Up to two hours; paid in advance; conflict clearance required
Document review $300 per hour One-tenth-hour increments
Research and analysis $300 per hour One-tenth-hour increments
Report preparation $325 per hour Drafting, exhibits, revisions, and quality review
Project and mining consulting $325 per hour Specific rate stated in Matter Schedule
Site inspection $400 per hour Four-hour minimum plus travel and expenses
Deposition $500 per hour Four-hour minimum; preparation billed separately
Trial, arbitration, or hearing testimony $500 per hour Eight-hour minimum for each reserved appearance day
Travel time $175 per hour Plus reasonable travel expenses
Rush work Applicable rate plus 25 percent Only when accepted in writing

Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: Service Rate Terms
Initial case screening $500 Up to two hours; paid in advance; conflict clearance required
Document review $300 per hour One-tenth-hour increments
Research and analysis $300 per hour One-tenth-hour increments
Report preparation $325 per hour Drafting, exhibits, revisions, and quality review
Project and mining consulting $325 per hour Specific rate stated in Matter Schedule
Site inspection $400 per hour Four-hour minimum plus travel and expenses
Deposition $500 per hour Four-hour minimum; preparation billed separately
Trial, arbitration, or hearing testimony $500 per hour Eight-hour minimum for each reserved appearance day
Travel time $175 per hour Plus reasonable travel expenses
Rush work Applicable rate plus 25 percent Only when accepted in writing



References

Available Upon Request