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Bryan A. C. Kelly


Education

Bachelor of Science, Industrial Engineering, University of Pittsburgh, 1981
Juris Doctor, Duquesne University School of Law, Pittsburgh, PA, 1987

Additionally, nuclear engineering at the Community College of Allegheny County (CCAC) and Southern Polytechnic State University (SPSU), passed Georgia property casualty exam, web programming (Emory University) and Pennsylvania continuing legal education (CLE) credits.


Background

Bryan is an engineer and attorney with over twenty years experience and a broad background, from project management engineer to managing surety counsel, with conflict resolution and risk management as the common thread. He has combined management skills, knowledge in the law, and hands-on engineering and construction experience to resolving issues from the construction site to the courtroom.


Admissions

Commonwealth of Pennsylvania
US Court of Appeals, 3d Circuit
US District Court, Western District of Pennsylvania

Professional Licenses

Law, Commonwealth of Pennsylvania
Georgia Property & Casualty License


Experience

Surety Insider LLC & Successor(s): Principal, Atlanta, GA & Pittsburgh, PA (2006-present)
Surety bond and nuclear construction consultancy. Energy patents pending.

Fireman's Fund Insurance Co. (Allianz, A.G.): Surety Counsel, Atlanta, GA (2002-2004)
Construction contract surety bond program run-off.

Bryan Kelly, Esq.: Consultant, Pittsburgh, PA (2001-2002)
Construction and surety claims consulting.

Gulf Insurance Group (Travelers, Citigroup): Asst. Vice President & Counsel, New York, NY (1994-2001)
Established and managed surety claims programs with P&L responsibilities.

American International Group (AIG): Bond Claims Attorney, New York, NY (1992-1994)
Surety claims in 20+ countries.

Independent Engineering: Field Engineer, Pittsburgh, PA, Weirton, WV (1991)
Steel mill construction engineer.

Schneider Engineers, Inc.: Management Consultant & Lead Planning Engineer, Pittsburgh, PA, Charlotte, NC (1985-1990)
Nuclear, fiberglass. Project management, CPM scheduling, contracts, nuclear construction claims engineer, witness and rate case litigation consultant.

Eichleay Engineers, Inc.: Management Systems Engineer, Pittsburgh, PA (1981-1985)
Nuclear, electric utilities. Project management, cost, construction claims engineer and expert witness.


Professional Achievements

Hands-on engineering and construction management responsibilities for cost and schedule, contracts and claims at CAPCO* consortium of electric utilities including existing nuclear power plant modifications, turnkey light industrial facilities, office space, high-voltage electrical transmission and substation distribution at $75 million yearly. Mastered the contract bidding, award, change order, management and administration process. Managed engineering productivity, construction estimating, procurement, software and manloading CPMs as Management Systems Engineer, Beaver Valley Unit 1. (*Duquesne Light Company, Cleveland Electric Illuminating Company, Toledo Edison, Ohio Edison & Penn Power.)

Prepared a $1.4 million complex infrastructure claim and testified as a schedule impact and damages expert witness for the Eichleay Corporation.

Achieved industry recognition with an exemplary new nuclear construction and start-up program team. Charged with planning the most comprehensive test prior to low-rad operations, the hot functional test, as Lead Planner. Consolidated over one hundred detailed test specifications and into a plan and schedule of more than two thousand activities for the $4.5 billion project's critical path as interest accrued at a rate of over $1 million per day. Chaired meetings and wrote start-up management report.

Initiated the daily operations manpower planning schedule post-fuel load at 920 megawatt Westinghouse - Stone & Webster PWR nuclear generation station Beaver Valley Unit 2.

Key member of nuclear construction oversight prudence audit team facilitating record rate increases and minimal project set-offs justifying cost and schedule project overruns of $3.9 billion with nuclear construction attorneys at LeBouef, Lamb, Leiby and MacRae. Supported nuclear construction EPC rate case lawyers with discovery requests, briefing, written testimony, interrogatories, cross-examination, engineering studies and basic legal research. Created and supervised the entire nuclear construction cost recovery and claims litigation database, with tens of thousands of data points. Managed fifteen professionals and support staff.

Spearheaded and held bottom line profit and loss responsibility, set-up department and managed all claims and litigation for Gulf Insurance Group surety program for high-risk, smaller and environmental contractors as Asst. Vice President and Counsel. Responsibility for open construction liability of $10 billion and yearly cash flow of $110 million, completion of dozens of projects and the settlement of tens of thousands of payment and performance claims and lawsuits for construction, environmental, manufacturing, supply, statutory and miscellaneous bonds.

Quantified and documented damages, providing cost engineering and litigation support, database management and discovery for $40 million nuclear construction claims litigation involving replacement of defective steam generator tubes.

Assisted the runoff of Firemans' Fund Insurance Company surety book as Surety Counsel, including the bankruptcy of J. A. Jones, a $2.2 billion construction company, and the financing efforts of a major southern road contractor and a mid-western water treatment firm.

Construction Field Engineer for installation of a $60 million Stein-Heurtey walking beam furnace at Weirton Steel.

Managed case-load of approximately 400 files as Bond Claims Attorney for American International Group (AIG) involving 20+ countries, several co-sureties and reinsurers and five subsidiaries. Managed international branches and represented the company on one of the nation's largest financial Ponzi-scheme bankruptcy cases, winning a stunning recovery. Cases included Financial Guarantees.

Testified in court and deposition as both expert and fact witness over twenty times, as engineer and attorney, regarding engineering, construction, nuclear, surety claims and underwriting issues.

Counseled corporate surety underwriting management and general counsel on legal analysis of contracts, bonds and insurance terms, as well as surety-related transactional and regulatory matters involving sales and acquisitions, programs, agencies and treaties.

Managed attorneys, engineers, accountants and third-party administrators nationwide involving approximately 1500 bonds simultaneously at Gulf. Complete responsibility for SEC, DOT, SBA and reinsurance matters. Exceeded industry loss and adjustment expense standards.

Conceived and implemented engineering management structure for the fiberglass unit of PPG Industries. Created planning, scheduling and manpower allocation program templates and databases using drawings and other deliverables. Re-tasked the unit back on-track for timely completion of $300 million of turnkey designs in North Carolina, Taiwan and the United Kingdom, as Management Consultant.

Resolved complex fidelity bond cases involving commercial crime, Bear Stearns securities dealers program, international banks and financial institutions at Gulf Insurance, part of Travelers Group, then Citigroup.

Counseled management and legal for engineering, nuclear inspection and environmental service contracts and proposals at a mid-sized consulting firm.

Achieved a very high rate of surety recovery through personal involvement in salvage, indemnity and subrogation. Including judgments for overpayment, bankruptcy, RICO liability, errors and omissions {architects and engineers, accountants, attorneys, escrow agents, surety bond agents}, construction general liability, builders' risk, as well as statutory and contract liability from banks, sureties and government.


Speaker

Southern Surety and Fidelity Claims Conference, 1995: "Case Study - Project Financing" - Atlanta, GA
Northeast Surety and Fidelity Claims Conference, 1995: "Case Study - Project Financing" - Livingston, NJ
Economic and Cost Realities of Nuclear Project Development - Rockville, MD


Recent Activities

American Nuclear Society 2009 - Atlanta, GA
Nuclear Construction Summit USA 2009 - Washington, DC
Nuclear Construction Summit USA 2010 - Charlotte, NC
Nuclear Construction Summit USA 2011 - Charlotte, NC
Atlanta Surety Claims Association
Georgia Property & Casualty License
The Christian Scientific Society


Web

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JW Surety Bonds Surety Bond Blog


Contact

Send an e-mail to Bryan: bk@suretyinsider.com. What is this?  Click and see.


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