Areas of Expertise:

Background:

Mr. Nikain is the President and a Principal of The Nielsen-Wurster Group, Inc. He is actively involved in all Nielsen-Wurster’s Divisions globally with extensive hands-on experience solving problems and challenges facing Organizations and Corporations.

In Nielsen-Wurster’s Management Consulting Division, Mr. Nikain has performed analyses and audits of project and executive management, performance and effectiveness for a variety of entities, including multinational corporations and public / quasi-public agencies. Clients have included owners, contractors, project teams and other construction and engineering groups throughout the process, power (nuclear and fossil), manufacturing, transportation and other industries.

Mr. Nikain’s Risk Management expertise includes project and overall risk profiling, industry benchmarking and best practices assessments, risk management training, risk auditing, and claims prevention and management. He has led Nielsen-Wurster engagement teams in detailed analyses of procurement strategy, contracting approaches, cost risk assessments, schedule risk identifications, and assistance in development of risk mitigation plans and strategies.

Mr. Nikain has served as an Engagement Director and Lead Expert on numerous Dispute Resolution engagements, performing analyses and testifying on claims of various complexities and sizes, including multitude of claims with values of over Billion Dollars. He has managed comprehensive analyses on schedule delay, disruption, acceleration, early completion; productivity and inefficiency; time, resource and cost impacts; differing site conditions; workmanship; change orders; causation and responsibility; damage quantification and calculation; design process; construction inspection; shop drawing reviews; project controls; management performance and other issues. As a Lead Expert, Mr. Nikain has presented expert witness testimony on the foregoing issues internationally in AAA and ICC arbitrations and other formal legal proceedings.

He has hands-on experience in a broad spectrum of project types (see attached Representative Engagement Experience). Representative examples of Mr. Nikain’s expert testimony and lead engagement roles include the following:

• Lead program evaluator and analyst on construction and overall construction management claims on a large billion-dollar processing facility. Mr. Nikain evaluated delays that resulted in project extensions and cost impacts, analyzed the overall labor productivity and inefficiency impacts in the construction programs, and evaluated the cause and extent of the disputes and responsibility for damages relating to the changed conditions.

• Testifying expert on a $126 million claim on a billion dollar petrochemical / liquefied natural gas (LNG) plant with numerous schedule delay and labor productivity issues. Mr. Nikain's analysis and expert testimony included presentation of various delay analysis findings, causes of labor inefficiencies and damages quantification. Mr. Nikain has analyzed the issues relating to other petrochemical facilities of comparable size and complexity.

• Testifying expert on claims relating to a $1.3 billion combined cycle power plant; analysis of issues of design progress, resulting delays and inefficiencies. Analysis included evaluation of overall progress, assessment of changes during the early design and engineering phases, assessment of the changes to the field construction activities, and quantification of damages resulting from changes.

• Lead testifying expert on Management and Technical claims relating to a $2.6 billion refinery and pipeline project with claims in excess of $1.4 billion; analysis included review of Engineering and design process, project management performance and multitude of engineering and technical issues and claims. Testimony also involved various procurement and bidding issues, issues relating to project delivery method and requirements, evaluations relating to the overall EPC’s performance, findings relating to changes during the early design and engineering phases, and changes associated with the field construction activities and practices.

• Testifying expert on a $650M Light-Rail Project with claims in excess of $200M. The issues and analysis includes impacts associated with Management’s performance, Delays / Disruptions and changes associated with field conditions, Owner directives and scope development. Analysis and testimony involved findings associated with review of scope development, engineering related changes and evolution and cost and damages associated with technical and project controls related claim analyses. Issues also entailed evaluations relating to the integration of findings associated with Rolling Stock / Manufacturing style obligations and requirements with Heavy Civil / Construction activities in the backdrop of Engineering and Contractual requirements.

• Lead expert in the analysis of delays, project management issues, labor productivity and efficiency, and other engineering and control issues on prison and detention facility. Issues analyzed include evaluation of performance of multi prime contractors, coordination issues, and impacts of ineffective and inefficient design packages and related damages.

• Participation in mediations and negotiator on multiple cases relating environmental and nuclear cleanup sites. Claims analysis included evaluation of changed conditions, delays, disruptions, and assessment of labor pool quality and performance given the extent and nature of project events.

• Participation and negotiations relating to multi-million dollar claims, analysis of early completion, schedule and disruption claims asserted in heavy civil construction projects. Issues analyzed include inadequate surcharge issues, right of way, underground utility conflicts and constructability issues.

Mr. Nikain’s engagement experience also includes the following: assessment of overall project management and administration issues; underground storm and sewer pipe installation, and the related dewatering requirements; asbestos abatement programs and claims review; pre design work; construction management; resource loading and evaluation; bidding and bid solicitation; procurement activity; value engineering; contract negotiations; startup and operations; project close out; commissioning, testing and maintenance.

Mr. Nikain is highly proficient in a broad range of computer software including Critical Path Method (CPM) scheduling packages (Primavera and Artemis), CAD, and spreadsheet and database applications. He is also an experienced computer programmer and has developed the Window Analysis program used at Nielsen-Wurster for schedule delay analysis.

Prior to joining Nielsen-Wurster, Mr. Nikain was a Project Manager at New Jersey Transit, where he managed repairs, modifications, design, construction coordination, scheduling, invoice approval and change orders, and reviewed contractor claims and requests. He also prepared plans, specifications and cost estimating for a variety of environmental projects such as asbestos abatement, hazardous waste management, and the removal, disposal, replacement and remediation of underground fuel storage tanks. Prior to his employment at New Jersey Transit, Mr. Nikain worked with Lefrak Organization as the Assistant Manager and Superintendent of a large apartment complex, where he was responsible for subcontractor management, including the carpentry, electrical and mechanical labor force. He also performed numerous hands-on repairs and modifications with respect to residential and fire code compliance, and worked closely with government and state agencies in planning, specifications and construction permitting and compliance.

Registrations:

• Professional Engineer in the following US locations:
  • Alabama #24609
  • Connecticut #00018861
  • Delaware #9013
  • Florida #44890
  • Kansas #13618
  • Kentucky #17685
  • Louisiana #0032766
  • Michigan #6201054258
  • Minnesota #45676
  • Mississippi #15243
  • Missouri #2006036494
  • Nevada #16106
  • New Jersey #GE35298
  • New Mexico #18033
  • New York #072282-1
  • Ohio #E-57082
  • Pennsylvania #PE-042068-R
  • South Carolina #21144
  • Utah #98-366887-2202
  • Virginia #0402 043297
  • West Virginia #17157
• Professional Engineer in the following countries:
  • Australia #2589859
  • Canada, Province of Alberta #M77328
• Other Registrations:
  • Certified Forensic Claims Consultant
  • Certified Planning and Scheduling Professional
  • Certified Project Management Professional #2747

Awards:

• Who’s Who in America
• Who’s Who in Science and Engineering
• Who’s Who of Business Leaders

Education and Courses:

• M.S.C.E., Structures, Rutgers University, New Brunswick, New Jersey
• B.S.C.E., Rutgers University, New Brunswick, New Jersey
• Executive Management Training, Management Essentials, Stern School of Business, New York University
• Executive Education, Managing Conflict and Creating Consensus, Darden School of Business, University of Virginia
• Adjunct Professor at Civil Engineering and Engineering Mechanics Department of the Columbia University, New York.

Memberships:

• American Concrete Institute
• American Society of Civil Engineers
• Association for the Advancement of Cost Engineering (AACE) International
• Association of Iron and Steel Technology
• Construction Industry Institute
• Construction Specifications Institute
• Expert Witness Institute
• Institution of Engineers, Australia (MIEAust)
• National Council of Examiners for Engineering and Surveying (NCEES)
• National Society of Professional Engineers
• Project Management Institute
• Society of American Value Engineers