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Construction Damages Expert Witnesses

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Barbara Luna, PhD, CPA
Senior Partner
See Multiple Addresses Below
CA USA
phone: 818-981-4226
fax: 818-981-4278
White-Zuckerman-Luna-Hunt-logo.jpg
Expert witness testimony for complex litigation involving damage analyses of lost profits, reasonable royalties, lost earnings, and lost value of business, forensic accounting, fraud investigation, investigative analysis of liability, marital dissolution, and tax planning and preparation. Excellent communicators with extensive testimony experience. Prior Big Four accountants. Specialties include: accounting, antitrust, breach of contract, business interruption, business dissolution, construction defects, delays and cost overruns, fraud investigation, asset tracing, intellectual property including patent, trademark and copyright infringement and trade secrets, malpractice, marital dissolution, personal injury and employment litigation, product liability, real estate, securities, spousal support, taxation, unfair advertising, unfair competition, valuation of businesses, and wrongful termination.

Experts:
    Business Litigation and Valuation
    Barbara Luna, PhD, CPA, CFE, ASA,
        CVA, ABV, CGREA, CCRA, CREA
    Dean Atkinson, CPA, CFE, ABV, CAC, CFF
    John Luna, JD/MBA, CPA, ABV, CFF
    David Turner, CPA, ABV, CFF
    Drew Hunt, MBA, CPA, ASA
    Personal Injury / Employment Litigation
    Barbara Luna, PhD, CPA, CFE, ASA,
        CVA, ABV, CGREA, CCRA, CREA
    Venita McMorris, MA
Dr. Barbara Luna is the partner in charge of the commercial litigation department of White Zuckerman. She has been providing Forensic Accounting, Economic Damages, Valuation, and Expert Witness Services for the past 30 years and has testified in court over 450 times. She has a PhD in Applied Mathematics from Harvard University with application to Physics and Finance and a BA in Physics from Wellesley College. Barbara is a Certified Public Accountant, a Certified Fraud Examiner, an Accredited Senior Appraiser in Business Valuation, a Certified Valuation Analyst, Accredited in Business Valuation, a Certified General Real Estate Appraiser, and a Certified Financial Forensic. She previously was a partner with Coopers & Lybrand and has taught working capital management, business finance, forensic accounting and intermediate accounting at UCLA Graduate School of Management, California State University at Northridge and Pepperdine University.

Dean Atkinson is a partner in the commercial litigation practice of White Zuckerman. He has testified as an expert witness in Commercial Litigation and Family Law Matters and has been involved in Resolution and Settlement Negotiations since 1987. He holds credentials from the AICPA as a Certified Public Accountant, Accredited in Business Valuation and Certified Financial Forensics and from the Association of Certified Fraud Examiners. Dean is experienced and has qualified as an expert in business valuation, business litigation and family law matters.

John Luna is a partner in the commercial litigation practice of White Zuckerman. He analyzes Financial, Accounting, Economic Damages, Business, Real Estate and Valuation issues and testifies as an expert witness on his findings. He has been an investment banker with Macquarie Capital, GCA Savian and Lazard. John has a JD from UCLA School of Law (Order of the Coif), an MBA from UCLA Anderson School of Management (Edward W. Carter Fellow), and an AB in Engineering Sciences from Harvard University. He is a Certified Public Accountant, Accredited in Business Valuation, a Certified Financial Forensic and a member of the California Bar.

Venita McMorris is a partner and an Economist in the Personal Injury and Employment practice of White Zuckerman. She has been providing economic damages and expert witness services for over 20 years and has testified extensively in court. She has a Master of Arts degree in Economics from California State University, Fullerton and a Bachelor of Arts degree from San Diego State University. She previously was a manager with Coopers & Lybrand and an economist with a medical malpractice trust in Southern California. Venita has taught macroeconomics and microeconomics to college students at Pasadena City College as a full-time tenured instructor and at Glendale Community College as a part-time instructor.

    Los Angeles
    15490 Ventura Boulevard, Suite 300
    Sherman Oaks, CA 91403
    Phone: (866) 981-4266 or (818) 981-4226
    Fax: (818) 981-4278
    Email: expert@wzwlh.com
    Website: www.wzwlh.com
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Office of Design & Construction
2115 Third Street, Suite 208
Santa Monica CA 90405
USA
phone: 805-798-0010
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Jeffrey Phillip Weinstein, AIA, a California licensed Architect since 1982, with Masters Degree in Real Estate Development from USC, has been involved in the development, design and construction of office buildings, high-rise condominiums, multi-family residential podium-type projects, retail, neighborhood shopping centers and regional malls, hotels and resorts, hospitals, and schools (K-12 and University).

Expert in real estate development, government approvals, entitlements & permits, architect's standard of care, construction management, claims & defects, A/E/C agreements. Expertise includes building envelope & water intrusion, zoning & building codes, errors/omissions, destructive testing & repair, schools (DSA), hospitals (OSHPD), condominiums, commercial/retail/mixed-use projects, high-rise structures, hotels & resorts. Previous employers include Nadel and Callison Architects, Tishman Construction, Trammel Crow Company, Kaiser Permanente, and California State University.

Professional Licenses / Certifications / Affiliations:
  • California Registered Architect, License #12822
  • Member, American Institute of Architects, Urban Land Institute, Construction Specification Institute, and Society for Marketing Professional Services
  • Member, North Santa Barbara County Board of Architectural Review
Litigation Support: Jeffrey Weinstein has been retained as an expert witness as Owner's Representative, Construction Manager, Contract Administrator, Project Manager and Architect by Developers, Builders, Institutional Owners (Hospitals & Schools), Municipalities, and Corporate Clients. Mr. Weinstein provides professional Architectural and Construction Expert Witness opinion, testimony and services on matters, such as:
  • Architectural
  • Forensic Architectural
  • Construction Management
  • Building Code Requirements
  • Construction Industry Standards
  • Professional Standard of Care
  • Design Defects, Errors & Omissions
  • Construction Defects & Failures
  • Architectural Practice & Peer Review
  • Construction Claim Evaluation
  • Change Order Analysis & Cost Overruns
  • Zoning Entitlements, Land-Use, and Permitting
  • Project Delivery - Fast-Track, Design-Build, GMP
  • Design & Construction Accident Claims
  • View Jeffrey P. Weinstein's Consulting Profile.
    9/11/2017 · Construction
    ln our current climate of economic prosperity and rising real estate values, the prevalence and usefulness of construction litigation may be on the wane. Much of the litigation and expert opinion in recent years has resulted in unrealistic repair schemes for the sole purpose of producing a settlement among parties to the litigation. When a plaintiff expert recommends a "remove and replace in its entirety"1 scenario (for example, arguing that all exterior stucco must be demolished and reinstalled due to a lack of expansion joints), the defense expert frequently advocates a more modest "fix what's broken" scheme to provide a minimum repair at the lowest cost. This process consumes considerable time and resources, and creates a difficult environment in which to craft a settlement. More often than not, neither party is pleased with the outcome; unreasonable plaintiff positions often result in settlement amounts ranging between 15 to 25 percent of the claim amount.

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    James D. Wamble, PE, RLS
    PE, RLS
    40 Middleton Street
    Nashville TN 37210
    USA
    phone: 615-251-9555
    fax: 615-251-9034
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    James D. Wamble, PE, RLS has over 30 years of experience as a Professional Civil Engineer and Registered Land Surveyor. During the course of his career, Mr. Wamble has worked on land planning, land surveying, or civil engineering projects in all counties of the middle and west Tennessee regions, and several counties in east Tennessee.

    Mr. Wamble has offered litigation support services as an expert witness in cases since 1976. In the last four years, he has testified 12 times in 8 lawsuits. These litigation cases include land planning, land surveying, and civil engineering issues. Mr. Wamble has experience with depositions, trials, hearings, and arbitrations.

    Expert Witness Services Include:
    • Research
    • Site Inspections
    • Engineering Analysis
    • Land Surveys
  • Survey and Civil Engineering Drawings
  • Investigation
  • Report Writing
  • Exhibit Preparation
  • Areas of Expertise:

    • Civil Engineering: Design of grading, drainage, utilities, roads, lakes, dams, detention basins, parking lots, shopping centers, subdivisions, apartments, condominiums, planned unit developments, specific plans, industrial parks, mobile home parks, mini warehouses, hotels and office building site plans; flood, drainage, and utility studies; low impact design; financial developability and constructability analysis of proposed developments; preparation of cost estimates; assisting clients in setting project budgets; designing projects to contain cost within determined project budget; construction project management, inspection, administration, and processing of contractors’ pay requests
    • Land Surveying: Topographic, Route, Land, Boundary, Utilities, Aerial ground control, Engineering design, and Construction Surveys
    • Land Planning: Land use/development feasibility analysis, planning and concept design of residential, commercial, industrial and municipal projects; zone change applications; planned unit development and specific plan applications; site selection consultation; and graphic presentations
    View James Wamble's Consulting Profile.
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    Steven G. Roberts
    CPA/CFF, CFE, CCI, CGMA, FCPA
    Sammamish WA 98074
    USA
    phone: 425-868-3330 ext.151
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    Steven Roberts Forensic Accounting Expert PhotoSince 1987, Steven G. Roberts, CPA, CFF, CFE, CCI, CGMA, FCPA, has focused exclusively on Valuation, Economic Analysis, Economic Loss Measurement, Forensic Accounting, and Fraud Examination. His assignments regularly include expert report and exhibit preparation, and deposition and courtroom testimony. Other of his engagements include arbitration, mediation and appraisal testimony.

    Mr. Roberts has also been retained directly by the court as a Special Master relative to economic loss measurement and forensic accounting issues. He is a Certified Public Accountant, Certified Fraud Examiner and Forensic Certified Public Accountant. He is also certified by the AICPA in Financial Forensics, is a Certified Criminal Investigator, and is a member of the Academy of Court Appointed Special Masters. Over the past 29 years, Mr. Roberts has been directly responsible for designing, implementing and managing more than 2,000 engagements involving billions of dollars.

    He has managed economic loss and valuation engagements in Alaska, Europe, across North America, in Mexico, and throughout the Gulf and Pacific Rim. He is a speaker, lecturer and author of courses and articles on economic damage measurement principles, forensic accounting issues and independent expert practices. Mr. Roberts is the principal and founder of Veritas Forensic Accounting and Economics.

    Areas of Expertise:

  • Breach of Contract
  • Breach of Fiduciary Duty
  • Business Interruption
  • Business Dissolution
  • Economic Viability
  • Class Actions
  • Bellwether Plaintiffs
  • Construction Defect Issues
  • Construction Delay, Cost Overrun
  • Builder's Risk Policies
  • Employee Dishonesty
  • Receivership
  • Bankruptcy
  • Fraud
  • Insurance Loss
  • Inventory Loss
  • Property Damage
  • Intellectual Property
  • Partner Disputes
  • Personal Injury
  • Wrongful Death
  • Product Liability
  • Securities Damages
  • Wrongful Termination


  • View Steven Roberts' Consulting Profile.
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    Hamid K. Toossi, BSCE, MBA, EIT, M ASCE
    National & International Services
    26 N. Summit Avenue, Suite 205
    Gaithersburg MD 20877
    USA
    phone: 301-661-6731
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    Hamid K. Toossi, BSCE, MBA, EIT, M ASCE, TAI's founder and CEO, has over 35 years of academic and hands-on experience in the design, build, and management of heavy Civil and Commercial Construction projects.

    Mr. Toossi's experience includes Critical Path Method (CPM) Scheduling, Engineering, Construction Management, Contract Administration, Cost Estimating, Value Engineering, Claims Analysis, and Expert Services for Construction Claims and Contract Disputes, in the United States as well as overseas.

    Mr. Toossi has participated in numerous Continuing Professional Education courses, both as an instructor, and as an auditor, in Contract Law, Construction Law, Business Law, Leadership, Management, Engineering, Construction Management, and Construction Claims. He is a member of the American Society of Civil Engineers (ASCE), the National Society of Professional Engineers (NSPE), and the founding member of the American Society of MBA Executives.

    Litigation Support: Hamid K. Toossi offers expert witness services to law firms representing both plaintiff and defendant. His services include written reports, depositions, arbitration, mediation, and trial testimony as needed. He has been involved in numerous Construction Claim cases including:
    • Testimony before the American Arbitration Association in connection with a GC bond claim against a surety insurance company and counter claim by insurance company for fraudulent inducement and wrongful termination etc.
    • Testimony before the circuit court, in Fairfax, VA, in areas of concrete construction materials and methods in connection with a water reclamation facility construction project in Ashburn, VA.
    • Prepared testimony as part of litigation before the United States Court of Federal Claims in areas of Critical Path Method (CPM) Scheduling, delay, disruption and loss of productivity, in connection with design and construction of two submarine decompression chambers for US Naval Facilities Engineering Command
    Areas of Expertise:
    • Concrete and Concrete Construction
    • Critical Path Method (CPM)
    • Construction Acceleration Claims
    • Construction Defects
    • CPM Scheduling
    • Scheduling Delay & Analysis
  • Construction Claims
  • Construction Delays
  • Forensic Evaluation
  • Construction Disputes
  • Concrete/ Foundations
  • Proof of Damages Calculation
  • View TAI's Consulting Profile.
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    Managing Principal
    Litigation Economics, LLC
    Wells Fargo Center
    100 South Ashley Drive, Suite 600
    Tampa FL 33602
    USA
    phone: 800-479-2341 / Cell: 650-868-6398
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    Stanley P. Stephenson, Ph.D. Economics, has provided Economic Litigation services in more than 400 cases. His experience includes Business Valuations, Economic and Quantitative Analysis and Market Assessments.

    Dr. Stephenson's Expert Witness services are provided to defense counsel and plaintiff attorneys. He has been involved in cases in various industries including high-tech manufacturing, software development, agricultural product processing, auto accessories, hotel, real estate, eating & drinking establishments, pharmaceutical, chemical, hospital, insurance, transportation, professional sports, retail, petroleum and cosmetics.

    Services Include:
  • Breach of Contract
  • Intellectual Property
  • Business Interruption
  • Medical Malpractice
  • Business Valuation
  • Personal Injury
  • Construction
  • Products Liability
  • Employment Related Claims
  • Wrongful Death
  • 12/28/2017 · Economics
    This paper presents a method for measuring economic damages in wrongful termination cases. Such cases present the damages expert with a problem since the available studies of earnings recovery after a job loss are based on a limited time period after a job loss and many workers never catch-up to the previous earnings level. A two-step approach is offered. First, the expert uses appropriate available empirical evidence to develop a typical earnings catch-up period. Second, the expert gathers information about case factors affecting the duration of the period to earnings catch-up. Using these factors, the expert modifies the base time period to develop a reasonable range of years for earnings catch-up. The ultimate choice of lost earnings is left for the court to decide, given the range presented by the expert. Cases directly or indirectly supporting this method are presented.

    5/28/2013 · Construction
    Defects that were introduced during construction can lead to classic legal disputes between owners and contractors where considerable sums of money are involved.

    4/17/2013 · Damages
    This paper focuses on business interruption litigation and how to compute lost profits as a remedy. The main contribution of the paper is development of a general model of economic damages which assesses lost profits by measuring the incremental changes in revenue, variable costs, and fixed costs.

    3/15/2013 · Damages
    Proving damages in trademark litigation-typically lost profits or disgorgement of the defendant's profits-generally involves citing the infringer's sales of the infringing product.

    11/26/2012 · Damages
    Survival risk of new businesses is a challenging issue to incorporate into lost profits analyses used in litigation, an issue some financial experts and courts ignore rather than consider explicitly. This paper considers several ways to make qualitative and quantitative adjustments for the survival rates of new businesses.

    10/25/2012 · Damages
    The forensic financial expert may be familiar with assessing lost profits, earnings capacity, or even valuing a business, but what is the expert to do about damages arising from lost ability to engage in non-market work? In a personal injury, wronful death or similar tort cases, physical limitations may restrict market and non-market work the latter forming the basis for an additional source of damages.

    Stanley P. Stephenson
    Today's economists are still concerned however with issues of value and distribution and how market forces operate to price scarce resources like labor, land, machines and more recently information and time. The field is generally divided into two areas: macroeconomics and microeconomics.
    Stanley P. Stephenson, David A. Macpherson & Gerald D. Martin
    Uses proven procedures, checklists, samples and tables to value economic loss in wrongful death and personal injury cases. Learn how to calculate damages, what to ask a forensic economist, which tables to consult for current information on damages and more.
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    Brian Spiegel & David Spiegel
    CR, CIEC, CMRS, CEICC, CSDS, CMCC, IICRC
    PO Box 7577
    La Verne CA 91750
    USA
    phone: 800-266-8988
    fax: 909-596-8803


    AVAILABLE NATIONALLY
    CERTIFIED RESTORERS * CERTIFIED INDOOR ENVIRONMENTAL CONSULTANTS *
    CERTIFIED MICROBIAL REMEDIATION SUPERVISORS * CERTIFIED ENVIRONMENTAL INFECTION CONTROL CONSULTANT * CERTIFIED STRUCTURAL DRYING SUPERVISOR * CERTIFIED INFRARED THERMOGRAPHERS *
    IICRC CERTIFIED MASTERS * LIC. GENERAL CONTRACTORS #299472


    SUMMARY OF EXPERIENCE

    Brian Spiegel and David Spiegel offer expert testimony and consulting services regarding smoke, water, fire, mold contamination property damage restoration, reconstruction, and construction defect related problems.

    Both have been speakers nationally and internationally on property damage restoration, construction, and mold contamination related topics. In the past at the Property Loss Research Bureau (PLRB) national mold symposium in Charlotte, North Carolina and at the Forensics Consultants Association on toxic mold litigation and mold remediation in Newport Beach, California.

    In the media Brian and David have written articles for industry trade magazines and given television and radio interviews, including one with Brian on ABC TV “Good Morning America” featuring a segment on mitigating water damage.

    CONSULTANTS AND EXPERT WITNESS
  • Mold & Bacterial Contamination
  • Construction Defects
  • Fire & Smoke Damage
  • Industry Standards of Care
  • Structural Damages
  • Water Damage
  • Sewage Backflow
  • Flooring Forensics
  • EXPERT SERVICES
  • Property Damage Contractor
  • Inspections & Formal Reports
  • Cause and Origin Investigations
  • Smoke Particulate Testing
  • Property Insurance Claims
  • Testing
  • Detailed Construction Estimates
  • Cost Damage Appraisals at Current Industry Pricing
  • Litigation Support
  • Infrared Structural Inspections
  • Concrete Moisture Testing
  • PROPERTY DAMAGE ASSESSORS
  • Residential and Commercial
  • Appraisal Process: Appraisers & Umpires
  • Contents and Structure
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    Sidney P. Blum, CPA, CFE, CPEA, CFF
    2017 CA - CPA of the Year
    Offices in Los Angeles and the San Francisco Bay Area
    Los Angeles CA USA
    phone: 818-631-3192
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    Sidney Blum, CPA, CFE, CPEA, CFF has over 30 years of professional experience in the areas of Forensic Accounting, Intellectual Property Economic Damages, Royalty Audits, and General Economic Damages. Leading contract terms and licensing expert. 2017 California CPA of the Year & 2012 Certified Fraud Examiner of the Year. Background - A financial damages expert witness with particular strength in patents, trademarks, copyrights, DMCA, toys, entertainment, oil & gas, malpractice, breach of contract, and consumer products. He served as Chief Audit Officer at Beats Electronics, nine years as an accounting firm Partner including five as a Big 4 Partner, and staff experience with Fortune 50 companies Occidental Petroleum, Unocal, and the Walt Disney Company where he was a member of the internal audit departments. While with Ernst & Young, he led fraud and forensic investigations nationally for their internal audit practice. Vice Chair (2016-2017) Board of Regents of the 80,000 member Association of Certified Fraud Examiners. Lead more than 1,500 financial investigations. Litigation Support - As a Financial and Economic Damages expert witness, Mr. Blum has worked on matters from simple to several billion dollars complex litigations. He has testified on more than 40 occasions, equally for plaintiffs and defendants, in a wide variety of State, Federal, and USITC matters. Mr. Blum is a Certified Fraud Examiner, Certified Professional Environmental Auditor, and Certified in Financial Forensics by the AICPA. Areas of Expertise:

    • Complex Financial Litigation
    • Patents
    • Copyrights
    • Trademarks
    • False Advertising
    • Malpractice
    • Royalty Auditor Competence
    • Royalty Disputes
    • Wrongful Termination
    • Construction Defect
    • Film Distribution
    • Unfair Competition
    • Oil & Gas Pipelines
    • Personal Injury
    • Product Liability
    • Breach of Contract
    • Business Interuption
    • Class Action
    • Lanham Act
    • Trusts & Estates
    • USITC
    • DMCA

    View Sidney Blum's Consulting Profile.

    9/13/2016 · Accounting
    Royalty auditing is a niche service that has exploded in popularity over the last 20 years. The primary purpose of a royalty audit is to test whether a licensee has complied with a license agreement or statutory requirement. The royalty auditor is hired by an intellectual property owner (aka, licensor) or minerals owner to inspect the books and records of a licensee primarily to determine if usage-based monetary amounts have been paid as contractually required. In addition to monetary damage calculations, most royalty audits examine for breach of contract in a wide variety of areas, such as intellectual property protection, record keeping, distribution channels, and permitted usage.

    Sidney P. Blum
    This book navigates readers through the nuances of drafting the best possible financial terms for license and other self-reporting agreements and shows how proper monitoring and auditing should occur once a deal is in place. The 2014 Edition includes updated information on how to properly write the financial aspects of royalty contracts to protect the licensor, licensee, and other concerned parties. Additional sample terms and "real-world" agreements have also been included.
    Sidney P. Blum
    This book navigates the nuances of drafting financial terms for license and other self-reporting agreements and shows how proper monitoring and auditing should occur once a deal is in place. This book will modernize and remold how agreements are written and will greatly enhance the bottom line of licensors and other contractors. Lawyers involved in drafting license and other self-reporting contracts typically understand boilerplate provisions but not the financial nuances that are subject to high degrees of interpretation that eventually costs their clients significant money and business relationships.
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    Steven J. Shuster, CPA/ABV/CFF/CGMA, CVA, FCPA
    10200 E. Girard Ave., Ste. B-321
    Denver CO 80231-5553
    USA
    phone: 303-696-0808 Office, 303-520-5357 Cell
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    Shuster & Company, PC is a full-service Forensic & Business Valuation Accounting Firm serving clients throughout the United States and occasionally throughout the world. They are dedicated to providing our clients with professional, personalized services and guidance in a wide range of financial, business, and forensic needs. Their professional services include:
    Forensic Accounting - Business Valuation - Divorce Matters- Accounting & Tax Issues

    Principal, Steven J. Shuster, CPA/ABV/CFF/CGMA, CVA, FCPA and his team provide litigation support services for a number of forensic accounting issues. They are experienced in identifying, collecting, analyzing, and interpreting financial and accounting data and information; applying the relevant data and information to a legal dispute or issue, and rendering an opinion as to their analysis. They have been accepted as experts by the Courts on numerous occasions and have served as consultants for plaintiffs and defendants in a wide variety of civil and criminal legal matters.

    With a track record of helping counsel unravel challenging financial and economic issues in disputes, they provide valuable insight and clarity, helping their clients during every stage of a contested matter, from early case assessment and discovery to case strategy, damages analysis and settlement services.

    Areas of Expertise:
    • Damage Analysis - Assist attorneys and clients in calculating damages in litigation cases or rebutting claims by opposing counsel.
    • Family Law and Divorce Support - Business Valuations, spousal and child support matters, asset tracing, income characterization and calculation and division of assets.
    • Fraud Investigation Consulting - Investigate alleged misconduct, and measure the financial implications of disputes.
    • Lease Review Services - Analysis of commercial real estate leases and conducting lease reviews of rent, operating expenses, common area maintenance (CAM) expenses and real estate taxes to identify potential financial savings on behalf of tenant.
    • Assisting Claims Adjusters - Business interruption, inventory loss, extra expense, lost earnings / profits, subrogation, product liability, general liability.
    • Malpractice - Compare activities performed by the professionals to applicable professional standards and practices.
    CV Available Upon Request.
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    Shepherd Consulting Services
    John D. Shepherd, RRO, RRC
    Registered Roof Observer, Registered Roof Consultant
    PO Box 10010
    Torrance CA 90505
    USA
    phone: 310-378-0791
    fax: 310-378-0794
    John D. Shepherd, RRC, RRO, founder of Shepherd Consulting Services, a division of Shepherd Roof Consulting, has been actively involved in the Roofing and Construction Industry for over 40 years. He has spent 10 years as an active roofing contractor and the last 18 years as a Roofing, Waterproofing, Sheet Metal, and Exterior Wall Consultant.

    Over the last 18 years, Mr. Shepherd attended about 1100 hours of continuing education courses related to roofing, waterproofing, sheet metal, exterior walls, windows and other various building envelope components. He is an RCI Registered Roof Consultant and Registered Roof Observer, a HAAG Certified Residential and Commercial Roof Inspector, a licensed roofing contractor in California and Arizona, and a Certified Building Science Thermographer.

    Mr. Shepherd has been retained in over 400 construction defect litigation cases, representing plaintiffs, developers and/or sub-contractors. He has been deposed more than 60 times, testified in over 20 trials and has extensive mediation experience as well.

    Areas of Expertise:
    • Construction Defect
    • Water Intrusion Investigation
    • Property Loss Damage Claims
    • Personal Injury Claims
    • Standard of Care and Building Code Issues Related to Roofing, Sheet Metal, Waterproofing, and Building Envelope
    View Consulting Profile.
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    EJ Janik, CPA, CFF, CFE
    Principal
    Three Galleria Tower
    13155 Noel Road, Suite 100
    Dallas TX 75240-5090
    USA
    phone: 972-934-0022
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    EJ Janik Accounting Expert PhotoEJ Janik, CPA, CFF, CFE is a Certified Public Accountant with 37 years of professional experience. He specializes in financial audits, compilations and reviews, consulting for commercial litigation, antitrust matters, engineering and construction matters, real estate, and bankruptcy / business reorganizations matters. Mr. Janik holds a Master of Science in Accounting from Louisiana State University and a Bachelor of Commerce from Rice University. He is a member of the American Institute of Certified Public Accountants and the Texas Society of Certified Public Accountants.

    Mr. Janik has provided over 150 financial audits and consulted in over 685 business disputes. He has provided expert testimony in over 80 matters including trial testimony in 48 trials or hearings in 8 states. Mr. Janik's accounting services include Damages/Lost Profit analysis, Forensic Accounting, Fraud Investigations, Fact Finding, Financial Analysis, and Expert Witness Testimony when necessary.

    Litigation Experience:
    • Antitrust/Pricing Issues
    • Audits
    • Bankruptcy Analysis
    • Business Interruption
    • Business Valuation
    • Construction Claims
    • Contract Disputes
    • Cost Determinations
    • Criminal Investigations
    • Damage Analysis/Critiques

  • Debt & Capital Analyses
  • Dispute Resolution
  • Due Diligence
  • Environmental Claims
  • Feasibility Studies
  • Forensic Accounting
  • Fraud Investigation/Analysis
  • Hazardous
  • Waste/Remediation
  • Insurance Claims

  • Lost Profits
  • Mergers & Acquisitions
  • Real Estate
  • Royalties, Commissions, Income
  • Solvency
  • Superfund/Environmental Claims
  • Tracing
  • Valuations
  • Wastewater
  • White Collar Crimes
  • Mr. Janik is also uniquely qualified to measure construction claims and damages. With over 11 years of construction experience, he has accumulated over 13,000 Engineering and Construction (E&C) auditing hours, 10,000 E&C consulting hours, and 15,000 E&C supervised hours.

    Construction Claims Services include:
    • Acceleration
    • Change Orders
    • Costs
    • Defective Plans
    • Differing Site and Concealed Conditions
    • Direct Costs
    • Disruption
    • Evaluating Claims
  • Indirect Costs
  • Overhead
  • Payroll Fringe Burdens
  • Profit
  • Pre-Qualification Filings
  • Superfund / Hazardous Waste Sites
  • Terminations
  • Other Construction Issues
  • View EJ Janik's Consulting Profile.

    *Ryan Fraud and Forensic Recovery, LLC is not a CPA firm.
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    Jeffrey E. Bartrem
    Construction Inspection Consultant
    PO Box 264
    Williamston MI 48895
    USA
    phone: 517-655-6903 or 517-944-1380 (cell)
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    Jeffrey E. Bartrem is a Certified Building Inspector with over 30 years of experience as Residential Rehabilitation Specialist, Building Official, Plan Reviewer, and Deputy Fire Inspector. He has performed tens of thousands of inspection on residential, commercial, and industrial properties.

    Mr. Bartrem's experience includes both national and international projects including ones in Abu Dhabi in the United Arab Emirates. He has vast knowledge and understanding of Construction Practices Assessments, International Code Council, the International Accreditation Service, Basic Building Codes, ICBO, ICC, and the Uniform Building Code.

    Mr. Bartrem has been offering litigation support services for 35 years. He is often called upon to perform thorough research to disqualify opposition reports, depositions, and testimony. Mr. Bartrem has been qualified in many District and Circuit Courts, as well as Federal Courts, and has never been disqualified.

    Jeffrey Bartrem has appeared for builders at licensing hearings, conducted draw request inspections, negotiated for building and business owners with building officials, fire officials and prosecutors, performed complex sale inspections, prepared maintenance forecasts, managed multi-million dollar renovations, as well as represented many homeowners in building code and workmanship claims.

    Areas of Expertise:
    • Wrongful Death
    • Premises Liability
    • Property Liability
    • Negligence Actions
    • Building Code Expert
    • Residential Structures
    • Commercial Structures
    • Fire Issues
    • Electrical
  • Mechanical
  • Plumbing
  • Zoning
  • Workmanship
  • Water Testing
  • Building Inspections
  • Maintenance
  • Building Code Research
  • Construction Safety
  • View Jeffrey Bartrem's Consulting Profile.
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    Dennis P. Gemberling, CHA, CFBE, FMP, FCSI
    President and Founder
    One Market Plaza, Spear Tower, Suite 3600
    San Francisco CA 94105
    USA
    phone: 800-580-3950
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    Dennis Gemberling PhotoDennis Gemberling, CHA, CFBE, FMP, FCSI, President and Founder of Perry Group International, has over 35 years of experience in the Hospitality Management industry. His experience includes managing, operating, and consulting on full-service, limited-service, extended-stay, all-suite, condo and timeshare hotels and resorts, casual, fine-dining, and quick-service restaurants, bars and nightclubs, catering and special event facilities, casinos, and mixed-use real estate.

    Mr. Gemberling has held prior positions for different owners, operators, and chains as Senior Vice President, General Manager, Director of Food & Beverage, and Restaurant Unit Manager. He has been retained on over 400 projects with typical values in the $1 million to $75 million range and revenues in the $1 million to $100 million range both nationally and internationally.

    His many clients have include among others Biscuits & Blues, Cantina’s, Chevy’s, Choice Hotels, Embassy Suites, Hampton Inns, Hilton, Holiday Inns, Hooter’s Casino, Hyatt, Marriott, McDonald’s, Microtel Inn & Suites, Outback Restaurants, Radisson, Residence Inns, Signature Resort, Sizzler, Sonic Drive-Ins, Starbucks, Starwood, Sheraton, Togo’s, Wendy’s, and Willie Mays Skybox Lounge.

    Litigation Support: Dennis Gemberling is a Certified Hotel Administrator, Certified Food and Beverage Executive, Certified Foodservice Management Professional, and Certified Food Safety Manager. He offers expert witness services to attorneys for plaintiff and defendant cases on a variety of Hospitality-related claims. He is a Professional Member of Foodservice Consultants Society International and the Forensic Expert Witness Association. Mr. Gemberling also provides expertise as a Court Appointed Receiver and Interim Property Manager and is currently the Past President and a Board of Director for the California Receivers Forum – Bay Area Chapter.

    Areas of Expertise:
    • Management & Operations
    • Income Analysis & Valuation
    • Employment, Hiring & Labor Issues
    • Lost Profits & Future Earnings
    • Customs & Trade Practices
    • Planning & Feasibility
    • Upkeep & Maintenance
    • Sales & Marketing
    • Standards of Care
  • Franchise & Management Contracts
  • Safety & Security
  • Contractor & Entertainment Use
  • Food & Alcoholic Beverage Handling
  • Costs & Economic Impact
  • Procurement & Purchasing
  • Landlord / Tenant, Operator & HOA Issues
  • Discrimination & Harassment
  • Construction or FF&E Problems
  • View Dennis Gemberling's Consulting Profile.
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    Richard J. Long, P.E.
    Founder & Chief Executive Officer
    Corporate Headquarters:
    5265 Skytrail Drive
    Littleton, CO 80123-1566
    CO, FL, GA, TX, KS, NC, DC, TN, KS, NV
    USA
    phone: (303) 972-2443
    fax: (303) 200-7180
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    Florida Office:
    Andrew Avalon, PE, PSP
    President
    8633 Willow Kane Court
    Orlando, FL 32835
    T: (407) 445-0825
    F: (407) 445-0821

    Long International provides expert claims analysis, dispute resolution, and project management services to the Process Plant Engineering and Construction industry worldwide. Our primary focus is on petroleum refining, petrochemical, chemical, oil and gas production, mining/mineral processing, power, cogeneration, and other process plant and industrial projects. We also have extensive experience in hospital, commercial and industrial building, pipeline, wastewater, highway and transit, heavy civil, microchip manufacturing, and airport projects.

    Richard Long Richard J. Long, PE, Founder and Chief Executive Officer of Long International has over 40 years of U.S. and international consulting experience involving construction contract disputes analysis and resolution, arbitration/litigation support and expert testimony, project management, engineering/construction management, cost and schedule control, and process engineering. He has presented and published numerous articles on the subjects of claims analysis, entitlement issues, CPM schedule and damages analyses, cumulative impact claims, and claims prevention. As an internationally recognized expert in the analysis and resolution of complex construction disputes for 30 years, Mr. Long has served as the lead expert on over 300 projects having claims ranging in size from US$100,000 to over US$2 billion.



    Andrew AvalonAndrew Avalon, PE, PSP is President of Long International and has over 30 years of engineering, construction management and claims consulting experience. He is an expert in the preparation and evaluation of construction claims, insurance claims, schedule delay analysis, arbitration/ litigation support, and dispute resolution. Mr. Avalon has prepared more than 30 CPM schedule analyses, expert witness reports, and testified in deposition, mediation, and arbitration proceedings. In addition, he has published numerous articles on the subjects of CPM schedule delay analysis and entitlement issues affecting construction claims and is a contributor to AACE® International’s Recommended Practice No. 29R-03 for Forensic Schedule Analysis. He has served as a Project Manager on numerous claims ranging in size from US$100,000 to over US$1 billion.



    W. Tom ThweattW. Tom Thweatt is a Senior Principal with Long International and has over 40 years of engineering, construction, and management consulting experience. He has extensive experience in major U.S. and international refining, chemical, petrochemical, offshore oil & gas development, pipeline, infrastructure, and thermal / hydroelectric power generation projects ranging from US$40 million to US$12 billion. He has worked extensively in projects that were executed by multi-national joint ventures on both the owner’s and the contractor’s sides. Mr. Thweatt has served on Joint Venture and Consortium Executive Committees and has participated directly in claims negotiations and settlement agreements in excess of US$100 million.

    3/12/2018 · Construction
    Contractor’s claim submittals and expert reports are often deficient in proving causation, i.e., the cause-effect linkage. These claims generally outline the owner-caused impacts and separately calculate quantum; however, the two are often not linked in any meaningful way. Most claims are settled prior to a decision by a panel, court, or board, and therefore these deficiencies are not made apparent. Yet, a well-prepared claim document which includes a persuasive and accurate causeeffect analysis can greatly improve the contractor’s chances of a successful recovery, either through negotiations or in arbitration/litigation. This analysis is difficult and often costly to prepare, and is therefore not performed in many disputes, which may be the reason why the claims fail.

    1/15/2018 · Construction
    The leader of a corporation or project is the individual who must ultimately be willing to take responsibility for results. Within the context of an organization or team made up of individuals, it is the collective performance of the individuals, as a team, that defines the results of the whole. While it can be said that the best motivation is internal motivation as opposed to external motivation, the leader is ultimately the one responsible for creating the conditions where motivation can thrive.

    11/13/2017 · Construction
    Time is money especially on engineering and construction projects. Because delays in the completion of the project usually result in increased owner, engineer, and contractor costs, the overall time of performance is vital to the financial success of the project. The importance of time is evidenced by the significant role played by CPM schedules, completion dates, and milestones in the bidding and awarding of engineering and construction contracts. The desire to minimize costs and the time of performance often causes the occurrence of acceleration.

    10/4/2017 · Construction
    In the construction industry, it is largely agreed that overtime work adversely affects labor productivity. However, there is no universally accepted method for estimating the resulting loss of productivity, and many of the studies commonly used to estimate such losses have been subject to criticism by industry experts and the courts.

    8/2/2017 · Construction
    The Collapsed As-Built Windows Schedule Analysis (AACE® International Recommended Practice 29R-03, Method Implementation Protocol 3.9) is a modeled, subtractive, multiple-base method. It is a retrospective CPM schedule analysis which is typically used to prove entitlement for compensable delay and assess concurrency of delay within a window of time. The analysis simulates the as-built conditions within a schedule window and then delays are removed from the CPM model. If the forecasted project finish date “collapses” but-for or absent compensable delays, then entitlement for compensable time-related costs can be demonstrated. This article addresses the usage of the Collapsed As-Built Windows protocol and the advantages and disadvantages of the methodology.

    9/27/2013 · Construction
    The "discrete damages/cost variance analysis method" for quantifying construction claim damages involves the specific distribution of all costs incurred on the project rather than quantifying only certain parts of the cost or damage analysis as may be used in the other methods.

    9/4/2013 · Construction
    ABSTRACT - This paper provides guidelines to commercial construction cost engineers for the development of a plan for obtaining and utilizing subcontractor cost information for use in bidding, procurement, scheduling, change order management, and claim management. The paper is based upon personal field experience gained in cost engineering, scheduling, bidding, planning, contracting, and claim analyses.

    8/13/2013 · Construction
    A component of a construction claim often relates to the cost, quantity, and quality of the materials that the contractor installed on a project. The contractor frequently purchases these materials and agrees to install the quantities of materials on a unit price basis, i.e., a unit price that includes both the cost of the materials and the cost to install them.

    12/17/2012 · Construction
    Most construction contracts, whether they are standard or customized forms, usually contain specific provisions related expressly to the process of giving "notice." The notice generally refers to an obligation on the part of the Contractor to notify the relevant party administering the contract, normally the architect, resident engineer, or owner's representative, of a claim or change event that gives rise to possible additional entitlement for time and/or cost.

    4/13/2012 · Construction
    The equitable allocation of responsibility for project delays is essential to the resolution of many construction disputes. Contractors frequently assert that they have been delayed for reasons beyond their control. Owners often remain unconvinced that the Contractor is legitimately entitled to a time extension or delay, acceleration and loss of productivity damages.

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    Christopher Linscott, CPA, CFE, CIRA and Eric Lee, CFE, CIRA
    3443 N Campbell Avenue, Suite 115, Tucson, AZ 85719
    8800 N Gainey Center Drive, Suite 278, Scottsdale, AZ 85258
    USA
    phone: 520-884-0176 or 480-374-6394
    fax: 520-884-8767
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    Keegan, Linscott & Kenon, PC (KLK) is a full service accounting firm with more than 20 years of experience providing expert services as Certified Public Accountants, Certified Fraud Examiners, Forensic Accountants, and Certified Insolvency and Restructuring Advisors.

    KLK's litigation support team assists clients and their attorneys to prepare for the financial and economic facets of settlement or trial proceedings. They perform in depth analyses and provide clear and detailed explanations of findings. They assist attorneys as consultants or in the court in a wide range of cases and investigations. Their role can involve fact finding, discovery, settlement negotiations, trial support, and expert witness testimony.

    The professionals at KLK have testified as experts in Federal, District, Bankruptcy, State, and Tax Courts, as well as before arbitration panels. They have the proven ability to develop and communicate compelling analyses of accounting, economic and financial information to judges and juries in plain, simple language through affidavits, written reports, oral testimony, and trial graphics.

    Litigation Support Services:
    • Analyze damages involving commercial litigation and damages involving individuals, including lost profit analysis, owner disputes, employee/employer disputes, personal injury, and business interruption claims
    • Evaluate opposing party's financial damages report to uncover any hidden facts or missing information in a business damages case
    • Divorce litigation, including analysis of sole and separate property issues
    • Locate hidden assets
    • Analyze preference claims, inter-company transfers of assets, and fraudulent conveyances
    Christopher Linscott Forensic Accounting Expert PhotoChristopher G. Linscott, CPA, CFE, CIRA, is a Director of Keegan, Linscott & Kenon, PC, and is the Director of Litigation, Forensic Accounting, and Bankruptcy Support Services. Mr. Linscott was previously employed with the international CPA firms of Coopers & Lybrand (now Price­water­houseCoopers), and Peat Marwick (now KPMG). He has more than 25 years of ex­perience in public accounting.

    Mr. Linscott specializes in the areas of Litigation Support, Bankruptcy Reorganization, Fraud Investigations and Prevention, and Business Consulting. He has served clients in industries including construction, health care, home builders and developers, law firms, manufacturing and distribution, non-profit, professional services, real estate, restaurant franchises, retail service, and wholesale.

    Mr. Linscott is a Member of the Arizona Society of CPA's, American Institute of Certified Public Accountants, National Association of Certified Fraud Examiners, Association of Insolvency and Restructuring Advisors, and a Director of the Board of Directors at Bashas’.

    Eric Lee Forensic Accounting Expert PhotoEric A. Lee, CFE, CIRA, is a Principal and Phoenix Practice Leader in the Consulting Services group of KLK. A Certified Fraud Examiners, he serves in testifying expert and consulting expert roles in litigation, forensic accounting, fraud and investigation services, and criminal matters both in the United States and internationally.

    Mr. Lee has extensive experience conducting complex financial analysis and forensics related to multi-million dollar fraud schemes, analysis of complex financial accounts and transactions, fraudulent transfers and conveyances, analysis of securities transactions, international investigations, and loss and damages calculations.

    Prior to his career in consulting services, Mr. Lee spent more than seven years as a Special Agent with the Federal government. During his tenure as a Special Agent, he investigated criminal and civil violations relating to fraud, money laundering, theft and embezzlement, public corruption, and tax evasion.

    Mr. Lee has prepared expert reports, affidavits and disclosures, and testified/presented as an expert in Federal, State, and Tribal jurisdictions.

    View Keegan, Linscott, & Kenon's Consulting Profile.
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