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Construction Damages Expert Witnesses

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Michael Panish
Construction Expert Witness & Consultant
PO Box 725
Woodland Hills, CA 91365
---------- Available ----------
ALL STATES
USA
phone: 818-429-1963
fax: 818-888-7302
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Mike Panish is an expert witness & consultant for most construction trades, specializing in automatic door systems and door sensors, door, door hardware, cabinetry, and architectural millwork.

Extensive experience working for plaintiff & defense (Federal & State). Highly credible & solid testimony.

Licensed in CA as a General Building Contractor, Electrical Contractor, Door, Lock & Security Equipment Contractor, Cabinet & Millwork Contractor, and Painting & Finish Specialties Contractor. 30+ years hands-on experience in all construction trades.

Local to CA & New England. Nationwide Inspection & Testimony.

Mike Panish is the most retained and the leading expert witness for Automatic Door injuries / Wrongful Death and Door Defects and Injuries. Security issues relating to daycare & healthcare centers. Construction defects, product liability, poor workmanship relating to contractor vs homeowner disputes and contractor fraud.

Areas of Expertise:
  • Automatic Door Personal Injury, Wrongful Death Cases
  • Door and Door Hardware Personal Injury, Wrongful Death, Defects Cases
  • Cabinetry, Architectural Millwork, Furniture Personal injury, Defects Cases
  • Slip, Trip, Fall / Railings / ADA Personal Injury Cases
  • General Construction (all trades) Defects Cases, Personal Injury Cases, Wrongful Death
  • Premises Liability, Premises Security for Criminal Cases, Elder Abuse Cases, Wrongful Death
  • Building Inspections (all types), Site Evaluation, Product Evaluation, Defect Analysis, Poor Workmanship, Costs & Estimates, Plans Analysis, Proper Installation, Claim Analysis
View Michael Panish's Consulting Profile.
1/5/2016 · Construction
As a construction expert witness, I am often asked about the importance of using safety equipment. I have many years of personal experiences with the proper observance of safety procedures and appropriate safety equipment requirements.

12/11/2015 · Construction
I have been the retained expert witness by both the plaintiff and defendant to determine the causes of a variety of significant injuries that have happened as a result of improper cabinet and millwork installation practices. In most claims, if product abuse or deferred condition was not the reason for the injury, poor installation practices that have omitted required hardware was to blame. Architectural millwork injuries have occurred repeatedly in shopping centers and malls, hotels, hospitals, airports, and offices throughout the country. Casinos and restaurants are also routinely the location of significant cabinetry related failures leading to serious injuries. Many offices and industrial buildings that utilize modular furniture have had employees injured by improper or completely unattached components. In my other articles, improperly attached architectural millwork has been discussed. Heavy mirrors and headwalls have fallen upon hotel guests while they were asleep in bed. Generally, these failures occur due to lack of appropriate fasteners, missed structural connections, or product tampering.

11/2/2015 · Construction
Mechanical fasteners, when properly used as recommended by the manufacturer, almost always assure safe and secure attachment of a fastened product. In commercial and residential applications, injuries resulting from mechanical attachment failures have often been attributed to inappropriate usage of products, improper installation procedures, or the failure of a poorly manufactured fastening product. When a product becomes disconnected from its point of attachment, serious personal injury can result.

10/13/2015 · Construction
This article will discuss plastic laminated products only. Although many other laminated materials are used for residential and commercial applications, plastic laminates are one of the most common products involved in casework claims and personal injuries.

8/31/2015 · Construction
My job as a cabinetry and millwork expert witness is to inspect and evaluate casework, cabinetry, or millwork that may have either failed or may be deficient in some way. Many of the past cases where I have been designated as the cabinetry and millwork expert witness have involved analyzing products that no longer exist because they have either been replaced or destroyed. What is available for review is often in the form of architectural elevations (renderings), photographs of the damaged cabinetry, or shop drawings and samples of the materials that were used. Generally, there is a question as to what entity is responsible for the monetary loss sustained. The usual course of action by attorneys is to sue all parties in the chain of events, from design through installation.

7/21/2015 · Construction
Having recently testified as the door hardware, lock and security expert witness on a very serious elder abuse case involving the rape of a 93 year old resident of a retirement home, I am intimately aware of the potential for physical violence and neglect aimed directly at senior citizens. The following is about a completely different kind of abuse involving our senior population.

6/18/2015 · Security
Rape and patient abuse are more prevalent and common place in daycare and long term skilled nursing facilities than anyone would think possible.

5/19/2015 · Legal Issues
The first two questions that I am often asked by attorneys during deposition or trial testimony are "On what percentage of cases do you work for the Plaintiff?" and "On what percentage of cases do you work for the Defense?"

4/21/2015 · Construction
Most of the misunderstandings pertaining to contractor and homeowner relationships occur as a result of unclear or wrongly interpreted construction contracts. Upon entering into a building contract, the enthusiasm for starting the proposed work often creates a kind of glazing over or dulling of the senses on the part of the homeowner. Many times questionable terms and arrangements for payment scheduling are accepted or unknowingly agreed to as the homeowner's urgent desire to start work overshadows common sense. Often, the lowest priced contractor seduces the homeowner with promises of more value for the money.

3/19/2015 · Construction
As a Construction Expert Witness, I have been involved in numerous homeowner vs. contractor lawsuits that turned out to be directly created by contractor fraud. In this article, I have combined a few different actual cases, highlighting the various tactics used by dishonest contractors to bait and then hook the homeowner. In all of these cases, the homeowner prevailed.

2/18/2015 · Construction
The need to have increased security to public venues such as airports, schools, religious facilities, day care centers, shopping centers, and government buildings is nothing new. However, it has become apparent that many unexpected assaults and deadly attacks are coming from individuals that have gained a certain level of intimacy with the venues and organizations that they are invading. The attackers are not necessarily strangers, but people we know.

In December of 2012 a gunman broke into Sandy Hook Elementary School in Connecticut and viciously murdered 20 children and 6 administrators. Adding Sandy Hook Elementary School to a growing list of other tragic school shootings confirms that any educational institution should be considered a viable target for future attacks.

Every good attorney needs to consider the validity of every potential claim. As the most frequently retained door expert witness, working for both Plaintiff and Defense evenly, I have been retained on door injury and wrongful death claims that were not caused by malfunctioning doors or door hardware. As discovery has often shown, people in poor physical or mental condition who are left unattended or unassisted while moving through properly functioning doorways are often the genesis of their own injuries. All commercial venues have the responsibility to maintain their facilities to industry wide standards, seek proper routine maintenance, and provide daily inspections of their door systems. However, it is difficult to provide safe passage to every patron of their facilities when some of those patrons may include persons requiring diligent physical supervision, special assistance walking, or have special needs due to disease, mental incapacity, or other unknown infirmities.

Injuries resulting from panic hardware are more prevalent than you might think. Injuries can be due to lack of maintenance on these devices and/or installation of spurious parts or components.

One of the most common types of expert related calls that I receive pertains to some sort of door injury. Door injuries caused by automatic pedestrian doors, manual doors, or garage doors often lead to serious and potentially life threatening high dollar liability and personal injury lawsuits. My case load as a door expert witness is evenly split between plaintiff and defense. I have written articles, testified, and been consultant on many door injury cases throughout the country and abroad. In addition, my services have been utilized by defense teams representing cross defendants such as door maintenance companies also named in the chain of commerce.

As a door expert, I am called upon many times a year to evaluate garage door injuries. In my professional career as a general contractor and door & hardware contractor, I have installed many different types of garage doors. I have been involved with roll up doors, both for commercial warehouse applications and automotive repair facilities that allow the passage of a motor vehicle. I have installed and serviced life safety/fire drop doors typically seen in hospitals, pharmacies, labs, shopping centers and other commercial venues. I have placed sectional doors in apartment buildings, single family homes and condominiums. My company has custom built many types of garage enclosures that have had special cosmetic concealed purposes for themed attractions. Working on historic buildings has given me the opportunity to work on sliding barn type doors, hinged parting doors and old carriage style swinging doors. I have removed and replaced the older style, overhead vintage single panel pivoting hinged garage door from commercial and residential locations, and have installed a variety of newer and safer products.

The overhead or floor mounted concealed door closer is a very common type of door closer mechanism which is normally unseen and unnoticed. In the majority of installations, these concealed closers are used on aluminum glazed storefront doors, hollow metal stand alone, or structural framed window systems. The concealed door closer design concept was initially engineered as a self-contained product that featured a center pivot allowing a variety of door functions with no exterior arm or visible operating hardware.

During the past several years I have been contacted many times regarding door injury claims related to manual door closers. In response to numerous inquires asking if I have published any manual door closer articles similar to the primers I have done on automatic pedestrian doors, I am offering this article for general information to assist attorneys in determining potential issues relating to manual door closer mechanisms.

We are all used to opening and closing doors on a daily basis. Unless you encounter a problem with the function of your doors, you probably don't give their operation and component make up much thought. I am continually contacted by attorneys seeking my advice on an injury that took place because of an improperly adjusted or malfunctioning door. In this article, I am simply discussing manually operated doors. Nothing fancy or automatic about them, the kind where you grab a lever, push a plate or bang on a bar to enter or leave a room or building. So, if you want to learn to communicate professionally and simply with your door expert or even your building manager, read on.

If you run an active automatic door service company it is not a matter of IF you will be sued . . . it is a matter of WHEN ! What every door service provider can do to proactively protect their business.

Automatic doors are generally grouped into two major categories. Low energy and high energy doors. The difference between the two types of doors pertain to the ways that the doorways operate.

As the retained expert witness on many overhead door injury and wrongful death cases, some of the injuries I have seen include injured or severed fingers and limbs, bodily trauma, and death. Disabling injuries often lead to involved lawsuits due to the combination of jobsite and employer, landlord and tenant contractual agreements, and property owner liability insurance coverage. Knowing who is responsible for maintenance and inspections of these doorways is essential.

In conjunction with many other articles that I have had published pertaining to high energy doors, or what most people think of when they say automatic doors, low energy systems can be equally dangerous and need to be appropriately and properly maintained.

Within the past few months, I have been retained as expert witness to evaluate revolving door injuries in over a dozen different locations nationwide. While I usually see an even distribution of sliding door, swinging door, and revolving door injury cases, the revolving door injuries currently seem to be the most prevalent. What is particularly interesting is that no two of my recent cases were created by the same problem.

I have been involved in many automatic door cases during the past few years working for both plaintiff and defense. As discussed in one of my previous articles (The Ins and Outs of Automatic Door Operation), automatic doors are highly complex pieces of equipment that require daily attention. Most injuries occur when some component of the automatic door system malfunctions.

A basic primer in how they work, what to look for, and how to analyze defects vs. deferred maintenance. Expert door contractor, Michael Panish, takes you through the basics for your case. A basic primer about Automatic Door functions.

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Julian M. Toneatto, PhD, PE, PP
President
PO Box 133
Lafayette Hill PA 19444
USA
phone: 609-502-0900
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Julian M. Toneatto, PhD, PE, PP, has over 40 years of experience in Civil, Structural, and Environmental Engineering Consulting.

Dr. Toneatto has a Doctorate in Structures and Dynamics and MBA in Finance. His former employers include the Department of Defense, U.S. Army Corps of Engineers, States, Municipalities, DOT, private and public firms, and the EXXON Corporation.

Dr. Toneatto served as a Professor of Civil Engineering and Course Director at the Department of Civil Engineering, U.S. Military Academy. He structured, revised, and taught courses in Advanced Structural Analysis, the Honors Course in Structural Analysis and Steel Design, and authored and taught Soil Mechanics. Dr. Toneatto has also served on the faculty at USMA (West Point): Department of Civil and Mechanical Engineering, Philadelphia University and The US Army Engineer School at Fort Leonard Wood, MO.

Litigation Support - Dr. Toneatto has been offering his expert witness services to the legal industry for decades. A Forensic Engineer, he provides expert reports, depositions, and court testimony in support of litigation.

Areas of Expertise:
  • Forensic Engineering
  • Civil Engineering
  • Structural Engineering
  • Environmental Engineering
  • Materials Engineering
  • Safety Engineering
  • Failure Analysis
  • Geotechnical Engineering
  • Construction Damages
  • Petroleum Engineering
  • Corrosion
  • Land Use and Zoning
  • Occupational Health / Environmental Health
  • Product Liability - Consumer Safety
  • View Dr. Toneatto's Consulting Profile.
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    Clinton J. Ford, MS, ACA, CGC, CIAQM, CIE, CMR, CRMI
    21219 Northwest 70th Ave.
    Alachua FL 32615
    USA
    phone: 386-462-9144, 866-784-2597, 352 514-1087 (Cell)
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    Clinton J. Ford, MS, ACA, CGC, CIAQM, CIE, CMR, CRMI, has over 30 years of Construction experience and has obtained both field experience and education in the following four distinct but often related disciplines of Construction, Environmental, Real Estate, and Insurance.

    Mr. Ford served 25 years as a State Certified General Contractor working on projects ranging from $5,000 to $50,000,000 and has spent over 20 years providing construction consulting and expert witness services.

    Mr. Ford holds many titles with decades of experience in the construction/environmental industries and was a former continuing Educations Sponsor for the Florida Construction Industry Licensing Board.

    Over the years, Mr. Ford has combined his extensive construction knowledge with cause and origin of water intrusion and environmental issues offering an exceptional understanding of Building Science and its relationship to contamination from biological agents such as Toxic Mold, Mycotoxins, Bacteria, and Endotoxin’s.

    Litigation Support - Mr. Ford offers attorneys consulting and litigation support assistance in Building Construction and Environmental Claims that have resulted in property damage, personal injury, and/or wrongful death. He offers pre-litigation counseling, damage and loss estimating, forensic building construction investigation and analysis, pre-trial and trail consulting services and trial testimony. He individually tailors preparation for each case in order to provide the greatest benefit and impact in either a defensive of offensive posture.

    Areas of Expertise:
    • Building Codes / Building Permits
    • Building Construction
    • Construction Accidents
    • Construction Safety
    • Construction Claims
    • Building Contractor Termination
    • Licensure Issues
  • Construction Cost Estimates / Analysis
  • Water Leaks / Moisture Intrusion
  • Contamination
  • Environmental Damage
  • Indoor Air Quality
  • Mold & Fungal Causation
  • Property Damage Assessment
  • View Clinton Ford's Consulting Profile.
    12/29/2010 · Construction
    Through a referral from an Architect, a school teacher called Clinton J. Ford P.A. with questions concerning the construction of their new two-story home.

    12/29/2010 · Construction
    A local Mortgage Company referred an Attorney to one of their clients because they were having construction problems. Their clients did not want the final disbursements made until these issues were resolved.

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    Dr. William B. Fairley, President, Co-Founder, Senior Statician
    Dr. William A. Huber, Statician, Mathematician, Data Analyst
    Victoria Mills
    1489 Baltimore Pike
    Springfield PA 19064
    USA
    phone: 610-543-0159
    fax: 610-543-8952
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    Analysis & Inference, Inc. is a team of statisticians and data scientists whose expertise in Statistical Theory and Application has been honed over the course of more than 700 projects. Senior statisticians, Dr. William (Will) Fairley and Dr. William (Bill) Huber direct A+I statistical consulting and research for corporations, government, non-profit agencies, and law firms, providing in-depth perspective and highly effective analysis.

    Services Include:
    • Risk Analysis - Statistical, probability, and related financial analyses for risk, accidents, and health
    • Audits, Surveys, Theft, and Fraud - Determination through statistical sampling and modeling of amounts of monies recoverable in audit disallowances, large-scale thefts, and fraud, etc.
    • Discrimination - Analysis of data, questions of statistical significance and validity, and development of models relevant to a wide range of discrimination claims in employment or in municipal services, housing, and other areas by age, sex, race, etc.
    • Liability and Damages - Statistical analysis and related economic aspects to address alleged harm or specific damages
    • Finance, Regulation, and Insurance - Statistical analysis and related aspects of finance theory and economics in issues such as price discrimination, royalties, real property valuation, investment risk and return, regulated rates of return, and risk classification in property-liability insurance
    • Public Policy - Examples are school funding mechanisms, hazardous materials management, economic regulation, and discrimination
    William Fairley Statistics Expert PhotoWilliam B. Fairley, PhD, President, Co-Founder, and Senior Statistician is nationally recognized for contributions to law and public policy and widely published in leading statistical and economics journals. He has contributed to successful outcomes in more than 400 professional engagements. He has published over 45 professional articles, and been accepted as an expert by over 30 courts, boards, arbitrators, or mediators.

    An expert with respect to the Medicaid reimbursement system, Dr. Fairley was the first to identify and quantify an unfair bias in the way the system assigned payments to the states. By introducing the concept of a “Penalty Bias,” he helped return millions of dollars in penalties to a coalition of states.

    Dr. Fairley has been recognized as an expert statistician in numerous federal and state courts, as well as in settlement negotiations, arbitrations, and mediations.

    William Huber Data Analysis Expert PhotoWilliam A. Huber, PhD, Statistician, Mathematician, and Data Analyst is an Accredited Professional Statistician (American Statistical Association) with a PhD in mathematics from Columbia University.

    When New Jersey implemented new regulations to control groundwater pollution, Dr. Huber predicted that prominent manufacturing plants would face unexpected and unfair financial penalties. Using statewide data obtained through the FOIA, he created and analyzed a database of monitoring records to determine which facilities would be affected. Working closely with industry, the New Jersey Department of Environmental Protection, and the public, Dr. Huber recommended changes to the regulations which were quickly adopted, leading to a fairer, more effective program that remains in use today.

    Dr. Huber mines data to uncover valuable insights that improve critical business decisions to boost company and product performance. His expertise is in developing models which describe patterns and explain the relationships among variables that can reveal previously unseen facts of high business value. As President and Founder of Quantitative Decisions, a statistical consulting and software development firm, Dr. Huber completed over 300 projects, illuminating ideas that accelerate growth, innovation, and competitiveness. Many of his projects have focused on environmental statistics and decision analysis.

    Dr. Huber has testified in federal courts and supported litigation as a consulting expert in many states and Mexico.
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    Ben F. Tunnell III
    Chairman
    605 West Olympic Blvd.,Suite 820
    Los Angeles CA 90015
    USA
    phone: 866-256-9300
    fax: 213-532-3807
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    BTI Appraisal is a broad-based appraisal company which provides a consistently high level of Real Estate Appraisals, Business Valuations, and Machinery and Equipment Appraisals for Business, Professional, Public and Private Sectors.

    When you choose BTI Appraisal, you benefit from a strong tradition of experience and accuracy. A corporate philosophy stressing efficiency and attentive service has made us a leader among independent appraisers. We are proud of our reputation for stability, responsiveness, and accomplishment in and out of the courtroom.

    At BTI, our seasoned staff of success oriented professionals treats each assignment with precise attention to detail, providing needed research and responsive service on a wide range of appraisal needs.

    Expert Profile: BTI’s Founder and Chairman, Ben F. Tunnell III, has headed the firm since 1974. Previously, he spent eight years with First Interstate Bank of California as vice president at their corporate headquarters in Los Angeles. He served on the board of arbitrators for both the American Arbitration Association and the Better Business Bureau. He has also been a Registered Investment Advisor and Broker/Dealer with the Securities and Exchange Commission and a licensed, California Real Estate Broker.

    Mr. Tunnell is an ASA, the senior designation of the American Society of Appraisers, and a California Certified General Real Estate Appraiser #AG-6964. He has qualified and testified in Federal and Superior Courts, as well as in arbitration proceedings as an expert witness in business valuations, real estate, and machinery and equipment appraisals.
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    Thomas H. Burtness, PE
    2195 Wagon Trail Rd.
    White Heath IL 61884
    USA
    phone: 217-687-2000
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    Thomas Burtness Electrical Engineering Expert PhotoThomas H. Burtness, PE, is an Electrical Engineer specializing in both Electrical and Building Construction - equipment selection, specification, and installation (actually “working with the tools”), as well as cost control techniques.

    Background - Mr. Burtness has 40+ years of experience in the design, specification, construction contract administration, installation, startup, and troubleshooting of electrical power, on-site generation, distribution, control, and instrumentation systems and equipment for residential, commercial, industrial, and municipal occupancies. His experience also includes water, wastewater, and stormwater treatment plants, and military facilities.

    Additional expertise includes Illumination Engineering for street, roadway, and area lighting including photometric footcandle requirements, calculations, field verification, equipment specifications, installation, and analysis of failure, glare, overlighting and underlighting.

    Litigation Support - Since, 1981, Mr. Burtness has been providing forensic electrical engineering services to insurance companies and attorneys including accident and failure investigations, determination of cause and origin, litigation support, expert opinions, reports, and testimony. His services are available nationwide, with PE registration by comity available in most states.

    Cases Involve:
    • Industrial Accidents
    • Electrocution
    • Personal Injury
    • Fire
    • Equipment and Machinery Failure
  • Failure of Safety Circuitry
  • Grounding
  • Lightning Damage and Fire
  • Construction Defects / Contract Claims
  • Design and Specification Disputes
  • View Thomas Burtness' Consulting Profile.
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    Carl E. Peters, PE, PLS, PP, CO
    720 King Georges Road
    Suite 402
    Fords NJ 08863
    USA
    phone: 609-751-4104
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    Carl E. Peters, PE, PLS, PP, CO, has a broad range of expertise in the areas of Land Use, Municipal Engineering, and Code Enforcement in the State of New Jersey. His rare combination of professional credentials enables him to analyze the development process from concept design through issuance of a Certificate of Occupancy. He is one of fewer than ten people in New Jersey who holds licenses as a:
    • Professional Engineer
    • Professional Land Surveyor
    • Professional Planner
  • Construction Official
  • Building Official
  • Plumbing Official
  • Litigation Support - Mr. Peters' expertise is beneficial in the resolution of disputes between project owners, design professionals, contractors, and insurance carriers. He has testified before the Planning Board, Zoning Board, Historic Preservation Review Committee, and Site Plan Review Advisory Board, and NJ Civil Courts. He is also a mediator on the roster of the NJ Civil Courts.

    Mr. Peters provides litigation support for counsel representing both Plaintiff and Defense. His cases have involved:
    • Engineering Matters
    • Property Line Disagreements
    • Drainage Problems
    • Streets and Sidewalks
    • Sewers
    • Construction Disputes
    • Land Use
  • Land Surveying
  • Construction Codes
  • Construction Permits
  • ADA Compliance
  • Local Government Matters
  • Engineering Malpractice
  • View Carl Peters' Consulting Profile.
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    Christian Plunkett
    Consulting Arborist
    639 Montgomery Road
    Hillsborough NJ 08844
    USA
    phone: 908-824-0412
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    Christian Plunkett Arborist Urban Forestry Expert Photo
    Christian J. Plunkett, BCMA, is an independent Consulting Arborist with 14 years of experience in the fields of Arboriculture and Urban Forestry. Mr. Plunkett is a graduate of The Pennsylvania State University and holds a BS in Urban Forestry. He is a skilled diagnostician with extensive experience in the areas of Tree Preservation, Tree Risk Assessment, and Appraisal of Tree Value.


    Mr. Plunkett has distinguished himself within his profession by earning the highly respected ISA Board Certified Master Arborist and New Jersey Certified Tree Expert credentials. He is also ISA Tree Risk Assessment Qualified. Mr. Plunkett is a member of both the International Society of Arboriculture and the American Society of Consulting Arborists.


    Litigation Support - Mr. Plunkett provides expert opinion, litigation support services, and forensic investigations to attorneys, insurance adjusters, and property managers needing advice on tree valuation, tree risk assessment, tree health care, and management. He has been accepted as an expert witness in NJ Courts of Law deciding timber trespass, encroachment, and tree damage cases. Mr. Plunkett's services include site investigation, research, report writing, and testimony at deposition or trial.


    Areas of Expertise:
    • Hazardous Trees / Tree Parts
    • Tree Risk Assessment
    • Appraisal of Tree Value
    • Casualty Appraisal
    • Abiotic Disorders
    • Managing Tree Health and Safety
    • Tree Preservation During Construction
    • Insect Pests of Trees
    • Tree Diseases
    • Fertility Deficiencies


    VIDEO: What Is A Consulting Arborist?
    5/1/2017 · Plants & Trees
    Whether the companies planting these trees are planting them incorrectly out of ignorance or in pursuit of maximizing profits; get in, get out, get to the next job, I do not know. In either case, it behooves a homeowner or property manager to do their due diligence and educate themselves on proper tree planting technique so that they will recognize when they are receiving a quality service and when they are throwing their money down the drain.

    2/28/2017 · Plants & Trees
    As defined in the tree care industry, a "Hazard Tree" is a tree that poses a level of risk to people or property that exceeds the risk tolerance of the property owner or manger. This means that a tree that may be considered a hazard to one property owner may not be considered to be a hazard by another property owner. Thus, "hazard tree" is a somewhat subjective concept, used when making tree risk management decisions on a particular property, and is not a description of the inherent level of risk actually posed by a particular tree. In the tree care industry the term "hazard tree" is generally reserved to describe a tree that requires immediate removal, or other mitigating actions, to reduce the level of risk posed.

    11/23/2016 · Plants & Trees
    There are many terms in use describing different types of tree care professionals and this can cause considerable confusion for a homeowner or property manager who requires a tree care provider. The information below will hopefully provide some clarity on the topic.

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    Jeffery Cissell, PE
    Licensed Professional Engineer
    PO Box 89
    Cromwell CT 06416
    USA
    phone: 877-851-3344
    fax: 203-286-2345
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    Jeffrey Cissell Forensic Engineering Expert PhotoJeffery Cissell, PE is a Licensed Professional Engineer and Haag Certified Roofing Expert. He has performed over 5,000 investigations over his 30 year career following scientific guidelines to ensure objective determinations.

    With a background in Civil and Environmental Engineering and Construction Technology, he offers Forensic Investigations and Engineering services to law firms and insurance companies. Mr. Cissell's investigations include first party property losses, premise liability, construction defects, fire origin and cause, roofing failures, structure collapses, and environmental losses. Determining why it happened and the extent of loss is the primary scope of his investigations.

    Litigation Support - Mr. Cissell offers Liability Expert witness support, performing initial case evaluations to assess potentially responsible parties and assist attorneys in preparing for trial and depositions. His services are also available for peer review issues.

    Areas of Expertise:
    • Engineering: Forensic, Civil, Environmental, Mechanical, Structural
    • Mold and Fungal Origin and Cause
    • Premise Liability, Slip, Trip and Fall; Human Factors
    • Building Code and Life Safety Code Defects
    • Construction Defects
    • Construction Accident and Safety Investigations
    • Roofing Systems, Failure Analysis, and Consulting
    • Accident investigations: Bicycle and Motorcycle
    View Cissell Investigative Engineering's Consulting Profile.
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    Craig Moskowitz, MBA, MS, PE
    President/Managing Member
    PO Box 4532
    Stamford CT 06907
    USA
    phone: 866-432-4677
    fax: 203-504-8838
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    Since 2010, the President and Managing Member of CLM Engineering Associates, LLC, which concentrates its focus on forensic engineering/expert witness work for the insurance industry and legal community. In addition, we offer construction management, civil engineering and building inspection services.

    Extensive construction management experience on both commercial and residential projects. Performed safety inspections on both civilian and military projects through application of OSHA regulations. Designed drainage systems for the government while an officer with the United States military. Cost estimating for various projects exceeding $500 million. Design document creation and management of high-rise construction in Manhattan. Marketplace. Management of telecommunications projects for Verizon in Manhattan including CPM schedule creation and updating.

    Directed and managed all water distribution system and sewer system work while working as a contractor to the New York City Department of Design and Construction. Forensic work related to evaluation of structural steel systems with commercial building construction and insurance-related claims due to storm damage on commercial and residential structures.

    Craig Moskowitz has been deposed 4 times in litigation matters.

    View Craig Moskowitz's Consulting Profile.
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    John Minor
    President, CGC
    14 Live Oak Drive
    Suite A-1
    Gulf Breeze FL 32561
    USA
    phone: 850-932-8720
    fax: 850-934-6659
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    John G. Minor, President of Complete General Contractors, is a third-generation Contractor and licensed instructor certified by the North Carolina Department of Insurance. He is a recognized expert on the costs and applications necessary to repair buildings damaged by manufacturer, builder liability, water damage or intrusion, mold, or asbestos.

    Mr. Minor has worked in construction and contracting dispute resolution throughout the Southeast for over 17 years. He has been involved in the successful discharge of 150+ million dollars as an expert witness in property claim lawsuits and disputes. He is retained by both the plaintiff and defense for a fair appraisal of the issues at hand.

    Mr. Minor works with attorneys to generate a plan based on damages to property and in compliance with the provisions and spirit of the insurance policies in effect at the time of the loss. For personal injury cases, he works to establish the code requirements in place at times of the injury to find how they relate to the cause of action.

    Areas of Expertise:
    • Loss Appraisals
    • Construction Claims
    • Construction Disputes
    • Construction Safety
    • Construction Damages
  • Fire Damage
  • HVAC Issues
  • Insurance - Property, Casualty
  • Mold
  • Asbestos
  • View John Minor's Consulting Profile.
    It appears we may just finally have some more Wyatt Earp in place of Billy the Kid in the appraisal industry. Gentlemen and Ladies, check your guns at the city limits of Dodge!

    3/3/2015 · Construction
    With sea levels rising by some reports and inch a decade and the prediction of stronger hurricanes todays aging building stock is at risk. In addition for new construction we must learn from the past. The proliferation of coastal development begs for consistent and sustainable construction techniques.

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    David Neagley, AIA, Architect
    Forensic Architect
    PO Box 2265
    La Jolla CA 92038
    USA
    phone: 858-354-8070
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    David Neagley Forensic Architecture Expert PhotoDavid Neagley, AIA, Architect: Over thirty-two years of architectural design and construction administration experience with all building types, including educational, medical, R&D, corporate, commercial, custom residential, multi-family housing, military and industrial projects, totaling over 12.4 million square feet. Emphasizing use of durable, low maintenance materials including stainless, copper, bronze, zinc, cement-fiber, plastics, composites, specialty sealants & industrial paints.

    Building Reconstruction Specialist: Reconstruction design, details and specifications focused on solving complex construction problems and developing effective repairs for commercial and institutional buildings. Services include design for waterproofing, flashing, exterior finishes, roofs, decks, windows, and remediation of mold, wood rot, corrosion and structural damage.

    Construction Industry Expert: Visual inspection, intrusive testing, defect analysis, repair recommendations and forensic expert services for both plaintiff and defense parties. Specialized knowledge of construction materials, industry standards, code compliance, waterproofing, vapor transmission, exterior finishes, corrosion, condensation, ventilation, mold, wood rot, suspended ceilings, interior partitions, and structural issues.
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    David E. Nolte
    888 S. Figueroa Street, Suite 2000
    Los Angeles CA 90017
    USA
    phone: 213-787-4100
    fax: 213-891-1300
    Our analysis and research combined with unique presentation techniques have resulted in an unequaled track record in successful court cases and client recoveries. Our personnel are full time and fully focused on the services we provide. We thoughtfully incorporate technology into our work to provide great results at a more reasonable cost. Our expertise encompasses damages analysis, lost profit studies, business & intangible asset valuations, fraud investigations, statistics, forensic economic analysis royalty audits, strategic & market assessments, competitive surveys, personal injury and employment damages, and a wide range of other financial advisory services. We serve the entire nation.
    8/12/2015 · Accounting
    The US Court of Appeals for the Ninth Circuit has opened the door significantly wider for those who wish to pursue qui tam False Claims Act suits by reversing a dismissal of two such matters. Ruling en banc in United States ex rel. Hartpence v. Kinetic Concepts, Inc., the Ninth Circuit has removed a prior restriction that any prior public disclosure must have originated from the whistleblower as well.

    A recent case addressed the interesting question of whether a corporation could serve as an expert witness. The matter involved a breach of fiduciary duty case coordinated with an appraisal proceeding, in re Dole Food Company ("Dole"). The defendants designated Stifel, Nicolaus & Company, Incorporated ("Stifel"), a corporation, to serve as their expert witness regarding the value of Dole.

    2/13/2015 · Patents
    Royalty arrangements within patent licenses have long been constrained by an almost 50 year old Supreme Court decision in Brulotte v. Thys Co that prevents collection of royalties after a patent has expired. The Justices have now agreed to revisit the precedent set by that often-criticized ruling in a current case, Kimble v. Marvel Enterprises, Inc.

    8/16/2014 · Accounting
    In a recent case involving the City of Pomona ("Pomona") v. SQM North America Corporation ("SQM"), Pomona alleged that SQM's importation of sodium nitrate for fertilizer caused a perchlorate contamination in the city. Although the district court excluded under Daubert the expert testimony of Pomona's expert witness on causation, the Ninth Circuit reversed the ruling, stating that "facts casting doubt on the credibility of an expert witness and contested facts regarding the strength of a particular scientific method are questions reserved for the fact finder". The case was remanded for trial.

    7/16/2014 · Accounting
    In association with general cost cutting measures over recent years, many companies have pressured their vendors to reduce fees. This downward pressure has extended to the accounting firms hired to provide independent audit opinions, resulting in a significant drop in audit fees. According to Audit Analytics, audit fees in 2012 were $472 per $1 million of revenue, the lowest amount since 2004. The question is whether audit quality has been sacrificed in order to achieve these reductions.

    4/24/2014 · Damages
    The Eastern District of Texas is well known for its intense patent activity and already provides early disclosure of infringement and invalidity contentions to facilitate faster resolution of these cases. The Court has now taken similar action by providing an option for accelerated damage discovery, including requiring a two week turnaround between defendant's production of potentially infringing sales data and plaintiff's good faith estimate of damages. Accomplishing this will require expert assistance immediately in the process. Even for cases that do not settle, this damage estimate will inform the Court's discovery decisions and resource allocations.

    2/7/2014 · Surveys
    In the course of affirming the district court's decision in Kraft Foods Group Brands LLC v. Cracker Barrel Old Country Store, Inc., 2013 WL 6017396, Judge Posner went a step further. While upholding the injunction, he ended his assessment with some comments "for future reference" when it comes to consumer surveys offered to demonstrate consumer confusion in support of a trademark infringement claim:

    A recently affirmed decision to grant judgment for the defendant as a matter of law highlights the importance of expert testimony that is consistent with previously-disclosed opinions presented in a Rule 26 report. In Rembrandt Vision Technologies, Inc. v. Johnson & Johnson Vision Care, Inc., the expert's testimony was struck because of critical discrepancies, leaving the plaintiff with no basis for claimed patent infringement.

    9/19/2013 · Legal Issues
    The decision in United States vs. Windsor (No. 12-301, June 26, 2013) by the U.S. Supreme Court (SCOTUS) to strike down Section 3 of the Defense of Marriage Act (DOMA) creates important tax issues and opportunities. These include potential refunds for same-sex married couples and their employers for years not closed by the statute of limitations.

    7/10/2013 · Damages
    A Delaware federal court recently closed the door on each of two possible paths to damages for Plaintiff in the matter of AVM Technologies, LLC v. Intel, Inc. (Civil Action No. 10-610-RGA). U.S. District Judge Richard G. Andrews granted Defendant's motion to exclude Plaintiff's expert, while also granting Defendant's motion in limine to preclude any proposed expert testimony from the inventor of the patent in question.

    6/18/2013 · Damages
    Lost compensation is a method of capturing economic damages in personal injury, medical Malpractice, wrongful termination, failure to promote and other similar torts.

    5/21/2013 · Damages
    In a unanimous opinion, the California Supreme Court clarified that trial courts may use either California Evidence Code Sections 801(b) or 802 to admit or exclude the expert's testimony.

    Electronic data comprises a large portion of discovery and provides efficiencies in searching and manipulating the data for further analysis.

    3/11/2013 · Damages
    Plaintiffs often desire short cuts to damage measurements. Given the cost of using experts employing proper methods and data, the temptation is obvious.

    1/22/2013 · Damages
    In re: Apple vs. Motorola, the parties sued each other for patent infringement involving smartphones. Seventh Circuit Judge Richard Posner, sitting by designation, threw out all damage witnesses for both parties on Daubert motions. Then, since both parties lacked damages testimony, he dismissed both cases with prejudice.

    An extraordinary amount of time is incurred in discovery asking for records that may not even exist, or asking for records that do exist, but the other side declines to produce records that were not requested using just the right terms.

    8/27/2012 · Expert Witnessing
    The following suggestions result from my experience serving as a witness, watching hundreds of other expert witnesses, and locating witnesses when servings as a confidential consultant. They are intended to help attorneys avoid common mistakes in selecting an expert witness.

    Appraisal disciplines have a confusing array of credentials. This occurs because:

    Intellectual Property licensing is big business, and is getting bigger. But most licensors do not earn as much as they should because they fail to perform royalty audits allowed under their license agreements.

    The IRS adopted a substantially revised Form 990 that calls for significantly expanded corporate governance disclosures.

    10/28/2005 · Expert Witnessing
    In many respects, the cross-examination of an expert witness is the same as for other witnesses. Some basics include: Be brief…Do not quarrel with the witness…Never ask a question to which you do not already know the answer…Avoid one question too many…and so on. However, there are some important differences

    7/20/2004 · Legal Issues
    If you want to improve your chances of success, commit these ideas to stone. Then follow them religiously.1. Keep it simple This is the greatest commandment, and the one most frequently violated. Too much information in a visual aid will confuse rather than clarify. Creativity does not mean complication. To achieve your goal, invoke the following guidelines

    Computers contain evidence useful in many human resource circumstances. Allegations of discrimination, sexual harassment, and unfair discharge are serious threats that are better understood by knowing what an employee did. Since computers are such a pervasive part of most employees' work lives, analysis of data stored on these computers helps address these issues

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    Dr. A.B. Thakker
    Ph.D., PE, FASM, CMFGE
    2839 Paces Ferry Road
    Overlook II, Suite 1160
    Atlanta GA 30339
    USA
    phone: 800-215-4468 or 404-771-2600
    fax: 770-234-4148
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    Firm Profile: Established in 1996, Global Technology Experts, Inc. (GTE) specializes in providing multi-disciplinary engineering and scientific consulting, product testing, safety and forensic engineering services to manufacturers, defense and plaintiff attorneys, and to the insurance claims industry. Our professional staff includes engineers, scientists, and technical specialists who have years of experience and excel as experts in wide range of disciplines. GTE has investigated more then 350+ failure cases that include: Machinery/Equipment, Slip and Fall, Accident Reconstruction, Vehicle Rollover, Lift trucks, Bicycle, Generator/Battery, Tree stand, Construction Defects, Pump/Boiler/Chiller, Engine/Transmission, Weld joints, Corrosion, Fatigue, Polymers, Ceramics and Composite materials. GTE also specializes in Life assessment and durability analysis of prototype components etc.

    Areas of Expertise:
  • Electrical Failures
  • Motor/Generator Failures
  • Battery Failures
  • Accident Reconstruction
  • Tire Defects
  • Machinery & Equipment Failures
  • Construction Equipment Failure
  • Aircraft Engine/Structural Failure
  • Structural Engineering
  • Mechanical Metallurgy/Materials Failure
  • Fatigue & Corrosion
  • Product Failure Analysis
  • Bicycle, Ladder, Slip/trip & fall
  • Building Construction & Defect Analysis

  • Education: We have highly experienced and qualified staff:
  • PhD, Engineering Science & Materials, Virginia Tech
  • PhD, Electrical Engineering, Georgia Tech
  • PhD, Mechanical Engineering, Auburn University
  • BS, Civil and Construction Engineering, Kansas State University
  • BS, Mechanical Engineering, S.U.N.Y., Buffalo, NY
  • MBA, Technology Management, Florida Institute of Technology

    Certifications:
  • PE – Registered Professional Engineers
  • CMfgE – Certified Manufacture Engineer

    Professional Affiliations:
  • Southern Law Association
  • Atlanta Claims Association
  • American Society of Mechanical Engineers
  • Institute of Electrical and Electronics Engineer
  • American Society of Civil Engineers
  • American Society of Materials
  • American Society of Nondestructive testing
  • American Welding Society
  • American Society of Testing Materials
  • Society of Aerospace, Materials and Process Engineers

    Principals:
  • Dr. Ash Thakker, PhD, PE, FASM,FSME, CMfgE (Structures, Materials, Fatigue, Fracture, Composites, Damage Tolerance)
  • Mr. George Kremer, BSME, AAS (Metallurgy, Corrosion, Coatings and Mechanical Failures)
  • Dr. Nicholas Propes, PhD (Electrical Machinery Failures, Maintenance Systems, Testing and Analysis)
  • Dr. Freeman Rufus, PhD (Battery/Motor/Generator Failure)
  • Dr. Jyoti Ajitsaria, PhD (Mechanical Failures)
  • Mr. Mike Healy, BS (Civil, Construction Engineering, Buildings)
  • Mr. Ralph Cunningham, BS (Physical Testing, Accident Reconstruction)
  • 11/20/2010 · Slip, Trip & Fall
    A "slip and fall" or "trip and fall" is the generic term for an injury which occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else's property. It includes falls as a result of water, ice or snow, as well as abrupt changes in flooring, poor lighting, or a hidden hazard, such as a gap or hard to see hole in the ground

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    Dr. Fari Barzegar
    Ph.D., P.E., CPEng
    446-17th Street, Suite 300
    Oakland, CA 94612
    All States USA, CAN, AUS
    phone: 510-891-0300
    fax: 510-891-0333
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    Expert Consultant/Witness in over 70-cases; Licensed Engineer with 30 years of experience in Civil/Structural Engineering & Construction Forensics Consulting, Construction Project Management and teaching/research. Has been retained by insurance companies, law firms, construction, energy, mining, technology & manufacturing industries, governmental and educational institutions, engineering and architectural firms, and individuals. Consultant in both plaintiff/defendant cases; testimony & trial experience.

    Expert Consulting & Witness; Insurance Claim, Peer Reviews, Legal Support

    Buildings, Structures & Materials: Residential, Commercial, Institutional & Historic; Bridges, Towers, Stacks/Chimneys, Containment Vessels, Tanks, Grain Silos, Conduits & Pipelines, Retaining Walls, Foundations, Slabs & Pavements; Concrete, Steel, Composite, Wood, CMU, Brick Masonry & Adobe

    • Design, Construction, Integrity, Repair & Retrofit Issues

    Construction Defects & Accidents; Defective Concrete; OSHA Standards

    • Code Compliance; Seismic Resistant Design; Errors & Omissions; Standards of Care

    Damage & Failure Investigation; Due Diligence; Non-Destructive Testing; Analysis/Report

    • Vibration, Explosion, Impact, Earthquake, Wind, Fire, Hurricane & Flood Damage Investigations

    • Pile Driving & Demolition Damage to Adjacent Facilities; Cracking & Settlement

    • Dynamic, Stress & Thermal Analysis; Finite Element Method; Product Design; Failure Simulation/Reconstruction <
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