Construction Defects Expert Witnesses: 44

Since 2010, Craig Moskowitz, MBA, MS, PE, the President and Managing Member of CLM Engineering Associates, LLC (CLM), has been concentrating the comapny's focus on forensic engineering/expert witness work for the insurance industry and legal community. In addition, they offer construction management, civil engineering and building inspection services. 

CLM has extensive construction management experience on both commercial and residential projects. Projects have included:

•  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<li>
• Designed document creation and management of high-rise construction in Manhattan
• 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. 
• Marketplace Services

Litigation Support - 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 several times in litigation matters. Mr. Moskowitz has testified 17 times in the past four years. 

View Craig Moskowitz's Consulting Profile.

Casey K. Hemmatyar, SE, is a Forensic Structural Engineer with over 30 years of diversified experience in the field of Structural, civil, and forensic engineering in design, investigation, evaluation, research, building code and standards development and construction supervision. His experience includes new buildings, special structures, as well as modifications, alterations, seismic / wind retrofits, and upgrades. Mr. Hemmatyar has provided failure analysis, expert consultation, structural forensic investigation, damage assessment services for many litigation and insurance related matters. He has been principal structural engineer on projects for clients such as NASA and several other high profile agencies.

Litigation Support - Mr. Hemmatyar has provided extensive services for defendants and plaintiff attorneys on construction litigation matters in single and Class-Action both on State and Federal lawsuits. His understanding of core legal concepts and engineering principles has enabled him to assist his attorney clients in the most efficient manner. His services include on-site inspection, written reports, depositions, and trial testimony as needed.

Areas of Expertise:

Construction Defects Failure Analysis Code Compliance / Violation Natural Disaster Damage Assessment Structural Failure Investigation Foundation System Settlements Structural Repair Analysis Corrosion Earthquake Damage Vibration and Frequency Mechanical, Electrical, Medical Equipments

Construction Schedule Delay Property Insurance Claims Standard of Care Construction Accidents Buildings & Public Works Flood & Demolition Damage Errors / Omission Water Intrusion Roof Systems Floor Systems Impact Forces

View Casey Hemmatyar's Consulting Profile.

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. Over 40 years hands-on experience in all construction trades with over 2000 cases since the year 2000. Local to CA & New England. Nationwide Inspection & Testimony in every state and internationally. 

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
• Gates (all types including sliding, parking arm gates)
• 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.

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.

MCS Associates is a nationally recognized consulting group that has provided financial, operations and regulatory/compliance consulting services nationwide to financial institutions, insurance companies and regulatory agencies as well as real estate and financial services organizations for over 40 years. Expert Witness and Litigation Consulting are a primary focus of our services. We undertake expert witness assignments throughout the United States and our clients include several hundred leading law firms around the country, working on behalf of both plaintiff and defendant financial institutions, borrowers, depositors, investors, developers, insurance companies and their insured, securities/insurance/real estate brokers/agents, regulators and government agencies, and individuals. 

Together with MCS Associates’ specialized resources in banking, financial services and real estate, we also draw on key strategic alliances in insurance, economics, academia and the securities industry to meet a wide range of expert witness needs. Our litigation experts include experienced bankers, lenders, consultants, regulators, managers, brokers & agents in insurance, real estate, and securities; insurance claims and underwriting managers; economists, accountants, appraisers, real estate analysts, and academics. 

Areas of Expertise Include:

• Banking Operations/Administration
• Check Fraud
• Lending Policies, Custom and Practice
• Loan Underwriting & Credit Administration
• Loan Securitizations & Servicing
• Bankruptcy, Foreclosures and Workouts
• Trust & Fiduciary Issues / Operations
• Securities Brokerage & Investments
• Valuations & Damages Analysis
• Forensic Accounting
• Employment / Compensation
• Real Estate Brokerage & Management
• Title Insurance & Escrow
• Real Estate Appraisal & Transactions
• Insurance Industry Custom & Practice
• Insurance Coverages / Claims Handling
• Insurance Bad Faith

Timothy M. Barrett, RCI, RRC,  CSI, CDT, GRP, has 60 years of experience as a Roofing Contractor, Educator, Manufacturer, and Consultant in the Roofing and Waterproofing Industry. Notable projects have included the White House, Lincoln Memorial, Jefferson Memorial, Gold Bullion Vault at Ft. Knox, Soldier Field, Paris Casino, Bethesda Naval Hospital, Dept. of Interior Headquarters, Transbay Transit Center, and thousands of others.

In addition to standard roofing and waterproofing, Mr. Barrett Designs and Builds Green Vegetated Roofs which can provide incredible contributions to the environment. Having chaired the RCI Greenroof educational program development I and II Committees, and having delivered the program a number of times in the Midwest, the South, the West Coast, the East Coast, and Canada, he is current on the science and the state of the art.

Litigation Support: Mr. Barrett has over 45 years of experience consulting and testifying as a Roofing and Waterproofing Expert. He is very experienced with Forensic Investigations for Thermal and Moisture Protection Systems on commercial, institutional, and industrial waterproofing and roofing projects. Mr. Barrett's services include thorough forensic reporting, depositions, and trial testimony as needed.

Areas of Expertise:

Roofing Waterproofing Insulation Roofing Forensic Investigations Roofing Failure analysis Roofing Material Science Leak Tracing

Adequacy of Roofing Design Green Vegetated Roofs Plaza Deck / Parking Deck Construction Flat Roofs Metal Roofs Workmanship Standards and Materials Roofing / Waterproofing Project Evaluation

Certifications and Affiliations: Registered Roof Consultant (RRC); Roof Consultants Institute (RCI); Construction Document Technologist (CDT); Construction Specifications Institute (CSI); Green Roofing Professional (GRP); Green Roofs for Healthy Cities (GRHC)

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 BTI a leader among independent appraisers. They are proud of their reputation for stability, responsiveness, and accomplishment in and out of the courtroom. At BTI, their 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. 

Litigation Support - 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.

View BCI's Consulting Profile.

Thomas 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.

Michael A. Pollock, PE, USPTO, is a Mechanical Engineer responsible for the design and engineering of commercial, industrial, manufacturing, institutional, and residential venues, as well as efforts relating to services and products used in and around these facilities. Mr. Pollock's full CV can be viewed at cogentexpert.com.

Business and industries include electronics, safety and construction, building materials, polymers and plastics, instrumentation manufacturing, petrochemicals, chemicals, pharmaceuticals, colleges, athletic facilities, textiles, coatings and resins, food storage, biosciences, supermarkets, inks & pigments, automotive, facility and real estate operations, agricultural, transportation, nuclear, healthcare, nutrition, retail, distributors, pulp and paper, packaging, utilities, apparel, and R&D centers.

Litigation Support - Mr. Pollock is a subject matter expert in Commercial and Industrial Engineering Applications and Projects, as well as engineering standards and applicable codes (ASHRAE, ASME, NIST, NFPA, NBIC, ASTM, SAE, LEED, ASCE, GMP, ISA, BOCA, and EPA Regulations.) He has engaged with local, state, and governmental officials and agencies regarding numerous matters over his commensurate years of experience.

Areas of Expertise:

Investment Engineering Economics Mechanical Engineering Standard of Care Architectural Standard of Care Construction Delay Construction Defect Construction Schedule Analysis Accident Analysis Metallurgical Failure Rotating Equipment Electrical Failure Chemical Failure Processes Instrumentation and Controls

Chillers Coatings Refrigeration Thermodynamics Water Treatment Steam Systems and Boilers   Power and Utilities Energy Conservation Environmental Impact Safety HVAC Project Management Product Development

Registrations

• Professional Engineer: PA (PE075410)
• American Bar Association (ABA) – Construction Forum
• Environmental Protection Agency (EPA) Clean Air Act Certification – Universal (includes Chillers, HVAC & Refrigeration)
• United States Patent & Trademark Office Registered (USPTO)                              

Forensic Consulting Experience

Warehouse Distribution Facility – Maryland - Evaluated a $10M (million) claim relating to purported construction defect claims by the 600,000 sq. ft. facility owner against the facility construction contractor and an original equipment manufacturer relating to installed infrastructure in the facility. Developed an expert opinion and expert report regarding the analysis of the purported defects and a proposed repair solution to correct said defects. 

 Psychiatric Hospital Facility – North Carolina – Evaluated a $28M (million) construction claim by the general contractor against a hospital facility concerning a $100M facility construction project.  Developed an expert opinion and report for general construction issues, constructability, design revisions, and corresponding delay analysis for mechanical, HVAC, electrical, smoke and fire, structural, security and building automation systems. 

Forensics Consulting Work-in-Progress 

• 2022 – International Trade Commission (ITC) Matter – Resin Manufacturing Facility Construction Delay / Completeness Analysis
• 2022 – Mechanical Systems Coatings Matter Analysis
• 2021 – Industrial Manufacturing Facility Standard of Care Matter, Construction Defect, Construction Delay     
• 2021 – Electrical Distribution System Construction Defect Matter, Standard of Care
• 2021 – Hotel Facility HVAC Materials of Construction Related Defect Matter

Sanford C. Loy , CCM, B.Arch, MSCE, has over 40 years of experience in the Construction Industry. Mr. Loy has Degrees in Architecture and Engineering. A Certified Construction Manager (CCM), he is committed to the Code of Ethics and Standards of Professional Practice established by the Construction Management Association of America. CCM is the ANSI accredited professional designation for construction management and is the gold standard for CM service providers in over 145 countries.

Background Experience - Mr. Loy's experience spans virtually every type of building and design process. His strength centers on his understanding of the dynamics and interactions of the various trades and professions unique to every building project. He has experience with Construction Management at Risk, Construction Management Agency, Design-build, and Design-bid-build. Having successfully managed the completion of over one billion dollars of construction, Mr. Loy served as a Regional Engineer for the American Institute of Steel Construction and as Director of Construction and Development for Belz Enterprises, the largest development company in Tennessee, before founding Construction Strategies in 1988.

Litigation Support - Mr. Loy provides Construction Claim and Dispute Analysis services, with special expertise in Concrete Design and Design-Build. Having been a teacher of many of the principles and processes used in the industry he knows how to explain the difficult technical aspects of the information and analysis in a way which makes the facts understandable and believable to opposing counsel, insurance companies, judges, and juries. Mr. Loy has experience and provides assistance with various dispute resolution approaches, such as Owner / Contractor dispute resolution boards, arbitration, mediation, and provides expert witness testimony if necessary.

See services offered at https://www.construction-strategies.com/what-we-do 

View Sanford Loy's Consulting Profile.

James Rappoport, AIA, NCARB is Principal and Architect of Record at Daroff Design Inc. + DDI Architects PC, a full service Planning, Architectural & Interior Design practice founded in 1973 and specializing in ground-up, renovation and historic adaptive reuse projects for office facilities, hotels, resorts, restaurants, meeting, conference and training facilities, aviation terminals and entertainment projects throughout the USA and Internationally. Mr. Rappoport has successfully provided technical consultation, expert witness opinions, affidavits, certificates of merit, depositions, mediation presentations, testimony and trial support in more than 190 legal cases, engaged by both defendants' and plaintiffs' legal teams. Areas of Expertise:

Architecture Architectural Codes / Design & Standards Architectural Design Architectural Practice ADA - Accessibility Compliance ADA - Accessibility Design Building Codes & Ordinances Construction & Architecture Construction Claims Construction Disputes Facility Programming Furniture, Fixtures, & Equipment Specifications Furniture, Fixtures, & Equipment Failures

Hotel & Resort Design & Planning Interior Design & Planning Office Building Design & Planning Owner – Architect Agreements Owner – Contractor Agreements Professional Liability (Architecture & Design) Project Planning Slip – Fall Accident (Causes) Site Assessment & Development Site Planning & Design Standard of Care (Architecture & Design) Urban Design Urban Development & Planning

View James Rappoport's Consulting Profile.

Brian H. Aanestad has over 30 years of Construction and Fleet experience, including Heavy Equipment, Truck, and Trailer Transport. He currently serves as President and Construction Consultant at Inland Valley Engineering, Inc. and as an Expert Witness for Discover Experts.

Mr. Aanestad is a Consultant and Expert witness for matters including Underground Construction and Placement of Underground Utilities. He has decades of experience overseeing the placement of underground utilities, pipelines, and conduit. In addition, he has almost 20 years of experience in the Full-Service Truck Leasing industry, overseeing transportation, logistics, leasing, rental, and maintenance activities. His company was honored for its work on the Scripps Seawater Return Lines at the University of California, San Diego. The complex, $2.5 million project included nearly 4,500 feet of piping.

Litigation Support - Mr. Aanestad provides expert services to attorneys representing plaintiff and defendant which include on-site review, written reports, depositions, mediation, and trial testimony as needed. Most cases end in mediation or negotiated settlement.

Clients have included such firms as Heffernan & Boortz LLP, Wood Smith Henning & Berman LLP, Rutan & Tucker LLP, and Dowling/ Aaron, Chancio Brown LLC., Southern California Edison, Vast Networks (CVIN), City of Kansas City Missouri, and the City of Oceanside.  

Areas of Expertise:

Underground Trenchless Public Utilities Fiber Optics Installation   Engineering Contractor Negligence Feasibility Studies Underground Utility Easements Construction Standard of Care Construction Defects, Delays, Change Orders Construction Dispute Resolution Construction Damages / Cost Analysis Construction Equipment / Pipelines Heavy Trucks and Trailers

Forklifts Cranes Skip Loaders Backhoes Excavators Drilling & Boring Machines Horizontal Directional Drills Hydraulic Moles Truck Leasing, Rental, Maintenance Transportation Logistics DOT / BIT Review

David M. Bekus has over 40 years in the Construction Industry specializing in new home construction, and remodeling. Mr. Bekus has been a project manager, overseeing all aspects of construction from conception and approvals to final sales for single homes and developments. Mr. Bekus is licensed by the State of New Jersey as a building inspector (RCS, ICS, and HHS), a licensed home remodeler, and a licensed new home builder. He is also certified in Project Management, Cost Estimating, Construction Methods, Construction Site Safety, and is a EPA Lead Safe Certified Contractor. Litigation Support - As a seasoned expert in the construction field, Mr. Bekus provides comprehensive reports  and credible expert witness testimony. His services include project evaluations, building code inspections, and clear precisely written reports. Mr. Bekus' expertise is available to counsel representing both Plaintiff and Defendant and has testified in NJ superior court Areas of Expertise:

Industry Standards Building Code Compliance, Specifications Contract and Plan Specifications New Construction Defects Roof Issues Water Issues

Framing Defects Siding Defects Concrete Defects Insurance Claims Poor Workmanship Home Owner Association Issues

View David Bekus' Consulting Profile.

David Morris has over 30 years of deep understanding and hands on experience of Construction and Construction Processes that give him a unique perspective in the industry. Having worked in many roles, Mr. Morris has the ability to formulate conclusions based on practical experience. Staying abreast of new technologies, he is able to apply them to outdated construction processes.

Mr. Morris has welding certifications in nearly all processes (MIG, TIG, Stick) and most materials, (Carbon Steel, Various grades of Stainless Steel, Aluminum, Chrome,). He has extensive experience in Instrumentation, Controls, Building automation Systems, HVAC, Refrigeration, Plumbing Codes and Design, Drafting and Detailing, layout and quantity take-off, medical gas installation, Plumbing and Piping Detailing, Computer Aided Drafting, and BIM

Litigation Support - Mr. Morris serves as an expert witness for attorneys representing both plaintiff and defendant. His services include onsite inspection, thorough reporting, depositions and trial testimony as needed. Cases include:

Construction Scheduling Root Cause Analysis Construction Defects and Delays Planning, Designing, Managing Construction

Mechanical, Electrical, Plumbing Coordination (MEP) Building Information Modelling (BIM) Computer Aided Drafting Initial Design, Construction, Operations, Maintenance

Select Background Experience:

• Prior to founding DMorris.consulting, Mr. Morris served as Director of Virtual Construction for EMCOR Construction Services from 2008-2016. In this role, he directed the virtual construction activities and operations of 82 EMCOR companies. His scope of work included drafting contract language for BIM and pre-construction, setting up new projects in lean and BIM delivery methods, and reviewing new construction technologies among other duties, Managing 3D and BIM processes
• From 2001-2008, Mr. Morris worked with University Mechanical and Engineering Contractors as Director of Virtual Construction. He was responsible for estimating Plumbing, HVAC Piping and Process Piping for numerous research laboratories and healthcare facilities valued at over 100mm + each. He also delivered conceptual estimates for numerous Biotech, Power, and Co-Generation plants.
• Select Project Participation: San Joaquin County Hospital, City of Gilroy Waste Water Reclamation Plant, Shafter Prison, Vandenberg Air Force Base HVAC Replacement, Space Shuttle Launch Complex Project, Tehachapi State Prison Level-4 High Security Prison Housing, Cal Poly San Luis Obispo Co-Gen Facility, Kern Medical Center New Hospital Wing Expansion, Anheuser Busch Yeast Plant Expansion, and multiple Piping, Petrochemical, Hospital, and School projects.

*This Mechanical, Electrical, Plumbing, and Fire Protection Systems (MEP) Spatial Coordination Requirements for Construction Installation Models and Deliverables is a derivative work of a best practice guideline written by David Morris in 2003 and modified for the AGC BIMForum in 2009. It is the result of capturing ten years of practical methods on real world construction projects and reflects continual feedback and improvement gained from that process.

View Dmorris.consulting's Business Consulting Profile.

Kenneth D. Martin has over 40 years of experience specializing in Doors, Gates, and Docks. His background includes a wealth of knowledge in door manufacturing, product design, product safety, installation, and repair. Litigation Support - Ken is uniquely qualified to assist attorneys, insurance organizations, and investigators across the nation. He offers services to both plaintiff and defense, claimant and respondent, with experience in both state and federal cases, civil, and criminal, including litigation, arbitration, mediation, and settlement.

Mr. Martin's expert witness services include expert testimony on any door or gate-related matter, expert reports and affidavits, depositions, and trial testimony as needed. He is a Licensed Door & Gate Contractor in 3 states, including Utah (current- Door & Gate), Nevada (current- Door & Gate), Arizona (current- Door).  Ken is also accredited by the Institute for Door Education & Accreditation (www.dooreducation.com).  

Areas of Expertise:

• Commercial Doors
• Residential & Commercial Garage Doors
• Automatic Sliding Doors
• Automatic Gates
• Causal and Failure Analysis
• Falling Doors, Broken Doors
• Electric Operators / Entrapment Protection Devices
• Controls, Wirings, Unexpected Operation
• Torsion Springs Failures (cables, and brackets included)
• Pinch Points and Sharp Edges (amputations, avulsions, etc.)
• Do-It-Yourself Repairs Gone Wrong
• "Beat the Door" and "Riding the Door" Accidents
• Engineering / Design Errors and Omissions
• Door / Gate Accident Reconstruction
• Construction Defects and Product Defects
• Assistance with Determination of Shared Liability
• Analysis of Failures and Injuries
• Economic Damages Analysis