Publications

• Representation and Litigation Support

Construction Expert Witness/Claim Resolution

Specialties & Experience of this Expert Witness

Additional Information

Nicholas Fiduccia is President and Co-Founder of Due Diligence Professional Services, Inc. a Florida based expert witness service, construction claims specialist and project management consulting firm that focuses its practice on assisting law firms, owners, engineering, construction firms, and contractors performing renewable energy, power, heavy civil, underground utilities, building and other related construction specialties. Nick Fiduccia has successfully consulted and provided litigation support services in matters related to settlement of claims, including both depositions and court appearances associated with projects involving renewable energy, power, heavy civil, underground utilities, building and other related construction specialties. Mr. Fiduccia’s Expert Witness Services center around Claim Development and Litigation Support. EDUCATION Attended St Joseph College, Rensselaer, Indiana LICENSING Class A General Contractor – State of Florida (Inactive) Certified Underground Utility and Excavation Contractor – State of Florida (Inactive) Solar Contractor - State of Nevada (Not Active) Class A General Engineering Contractor - State of Nevada (Not Active) AREAS OF EXPERTISE Renewable Energy (Solar, Wind, and Battery Energy Storage Systems) • Solar PV expert witness (residential & commercial); string wiring, commissioning, IV curve/IR, NEC labeling, disputes, interconnection • Wind power: royalty/revenue variance; SCADA/metering reconciliation; availability/curtailment impacts • BESS expert witness; commissioning readiness, EMS/PCS/Inverter documentation; schedule/CO entitlement • Substations / High Voltage transmission lines / distribution; outage interfaces Heavy Civil & Underground • Underground utility strikes (Trenching / HDD / directional drilling); 811, locate accuracy, potholing, drill path, bore logs. • Trench excavation safety; competent person, shoring/benching/sloping, excavation methodology, OSHA requirements, protective systems; sequencing. • Flood / force majeure causation and quantum; Builder’s Risk / All Risk claims; weather impact mapping Claims, Scheduling & Cost • Forensic schedule analysis (CPM / time impact / windows); fragnets; 3 week look ahead integrity • Change order (CO) entitlement; notice, RFI/submittal log ties, recovery plans • Forensic cost (quantum); labor/equipment/material, rework, inefficiency (measured mile), overhead RECENT REPRESENTATIVE EXPEREINCE in LITIGATION, ARBITRATION, MEDIATION and SETTLEMENT • Solar PV Under performance and Construction Defects — NC & SC Contract & commissioning review; production variance model; responsibility mapping. One matter settled pretrial: one active in mediation. • Wind Royalty Variance — TX Reconciled SCADA/metering and payment math; identified availability/curtailment drivers; still active. • BESS Construction Audit & Delay/CO Review — CA (3) Independent site audits; including commissioning readiness; CO entitlement review; deficiencies & recovery plan(s) documented. • Utility Scale BESS ROM Estimate — GA Conceptual ROM with scope assumptions, risk, contingency. • Flood / Builder’s Risk Claim — GA Event based impact mapping and review of schedule; causation & quantum; active. • Underground HDD Utility Strikes — FL HDD causation and responsibility under Florida Statute Chapter 556 Underground Facility Damage Prevention and Safety Act and 811 missed locates; one matter settled pre court; one active. • Underground Utility Strike — FL Trench cable damage and the responsibility under Florida Statute Chapter 556 Underground Facility Damage Prevention and Safety Act and 811 locates on private property; matter settled pre court. • Underground Utility Strike — AZ Trench cable damage and the responsibility under Arizona Statute and 811 requirements; active. • Trench Cave-in — FL Excavation methodology, protective systems, sequencing review; active.