Deputy Director for Construction Claims

The Honolulu Authority for Rapid Transportation (HART), a semi-autonomous agency of the City and County of Honolulu, is responsible for the design and construction of Hawaii’s largest infrastructure project and the nation’s first fully-automated rail transit system. This project features an automated fixed-guideway rail system on Oahu, stretching from East Kapolei, past the Daniel K. Inouye International Airport, and into downtown Honolulu. The project’s goal is to provide faster and more reliable public transportation services than buses operating in congested, mixed-flow traffic, thereby enhancing transit connectivity within the corridor.

This position is primarily responsible for managing construction claims and advising the HART’s leadership as to the nature and status of such claims. The position reports to the Project Director, who oversees the planning, design and construction of the entire rail project. This position is essential to avoid, mitigate and resolve construction claims, including bid protests arising from the procurement process.

Benefits

HART is a part of the City and County of Honolulu, and its employees receive the full range of comprehensive benefits provided by the City, which includes:

• Time-Off
  Vacation: Employees may earn 21 days per year.
  Sick Leave: Employees may earn 21 days per year.
  Holidays: There are 13 holidays observed per year. (Election years include 14 holidays per year.)
• Health
  Plans offered may include medical, prescription drug, vision, dental and life insurance. The amount the City pays is specified in the bargaining unit agreements. If you are required to pay premiums for the plans you select, you may choose to deduct the premium from your pay before taxes.
• Retirement Plan
  All new employees have contributions deducted from their paychecks for their retirement plans.
• Deferred Compensation
  You can defer part of your pay to defer federal/state taxes until retirement.
• Employee Assistance Program
  Free confidential counseling and referral services are available upon request.
• Training and Development
  Numerous opportunities are available through City sponsored training programs and training reimbursement policy.
• Pre-Tax Benefit on Transportation Expenses
  You may designate as a pre-tax item, your monthly City parking fee, bus pass or mass transit fee via payroll deduction. Mass transit alternatives include: The Bus, LOTMA, VanPool Hawaii and Handi-Van.
• City Flex-Flexible Benefits Plan
  City Flex allows employees to pay for eligible health and dependent care expenses with TAX FREE money by redirecting a portion of their salary to a Health Flexible Spending Account (“HFSA”) and/or a Dependent Care
  Flexible Spending Account (“DCFSA”).
• Public Service Loan Forgiveness (PSLF) Program
  A federal program forgiving the balance of federal student loans for individuals working in public service.

**Benefits are subject to change, including changes due to legislation/negotiation**

Duties and Responsibilities:

• Advises HART senior management on matters such as procurement bid protests, construction claims, utility agreements, third party agreements, and insurance risk management. Participates in HART’s top-level management meetings and discussions to develop and execute directions, goals, and strategies.
• Develops, reviews, evaluates, and updates HART’s policies and procedures pertaining to the management of construction claims, third party agreements, and related matters.
• Oversees, manages, directs, and coordinates the overall Construction Claims Program for HART.
• Utilizing knowledge of the Hawaii Public Procurement Code, reviews, analyzes, and drafts responses to bid protests.
• Reviews and assists in drafting briefs filed with the Office of Administrative Hearings at the state’s Department of Commerce and Consumer Affairs (DCCA). Coordinates and assists in preparing HART’s witnesses for hearings.
• Interfaces with all HART departments, especially Design and Construction, to identify escalating issues and disputed change orders that may result in a claim.
• Provides advice and assistance in drafting correspondence to prevent claims, or to support HART in future claims.
• Performs cost and schedule analysis for mediation or court proceedings; interfaces with appropriate experts to assist with complex and/or technical issues, including schedule and program delays, economic damages, and time impact.
• Interacts with insurance and surety companies (requires understanding of surety and tendering on insurance and surety policies).
• Collaborates with Corporation Counsel and/or outside legal counsel regarding issues and claims analysis,
  prepares for mediation, dispute resolution board, request for final determination by the Chief Procurement Office, and court proceedings.
• Oversees, reviews and assists in drafting all documents to be submitted or filed to aforementioned dispute venues (mediation, dispute board, etc.) requiring high-level skills to analyze issues, strategize, and draft relevant and appropriate documents.
• Manages and coordinates (between HART and legal counsel) all claims proceedings, including depositions, document review, motions, and counter-motions.
• Oversees the forensic review of project documentation for elevated issues/claims.
• Assists relevant HART departments in analyzing contract requirements for elevated issues/claims.
• Works collaboratively with other HART departments to ensure compliance with FTA requirements and to notify relevant parties of potential non-compliance.

Minimum Qualifications: 

• A candidate for this position must have graduated from an accredited college or university with a bachelor’s degree and a Juris Doctorate degree.
• Minimum of 10 years’ relevant experience in litigation, contract administration, or construction claims.
• Experience in procurement, contract administration and/or contract law; complex State and/or Federal court proceedings; and supervision of staff.
• Solid contract drafting and negotiation skills.

Physical Requirement:

Persons seeking appointment to positions in this class must meet the health and physical condition standards deemed necessary and proper for performance of the duties.

Schedule and Location:

The work of this position is conducted in the HART offices in Honolulu, Hawaii (no telecommuting allowed) during typical 8-hour shifts. HART does not cover any relocations costs.

Job Type:

Full-time, Contract

Salary Range:

$109,704.00 – $175,000.00 Annually