Expert Background: Dr. Thomas L. Read is the Principal and CEO at A. Read Consulting, LLC. He received his PhD. from Stanford University in 1972 and has over 25 years of manufacturing experience in electronics, metallurgy, factory safety, failure analysis, glass fracture, glass failure and bottle failure. As a member of the electronics industry, he has earned process patents and has an extensive background in manufacturing techniques.
In parallel, Dr. Read has spent over twenty five years as a consultant to attorneys and engineers. He has given more than 100 depositions and has appeared in court numerous times.
Company Profile: Read Consulting, LLC is a full service laboratory providing services in the following areas:
Failure Analysis; Factory Safety and Personal Injury (including machine guards and manufacturing safety)
The fatigue failure initiated on the outside bottom where the carafe had been scratched with the abrasive scrub pad. As a result of cyclical thermal shock (between 195°C and 15°C), the cracks grew progressively till it reached a critical length. Glass thickness at the origins is approximately 3 mm. One failed after 12.
The annealed borosilicate glass pie plate failed as a result of “thermal shock”. There were multiple origins for the failure, and these all initiated at damage sites on the bottom of the Pyrex baking dish. It appears that the bottom of the pie plate was convex. Thus, setting the dish down and moving it on hard (abrasive) surfaces such as tile or granite counters created bottom “rim” damage.
During normal operation, the arm on an automatic wafer test station failed. Root cause failure analysis determined that the drive shaft on the right angle gear motor used to raise and lower the manipulator arm had failed first.
This grinding wheel was part of a product liability and personnel injury case. It was claimed that the subject wheel had unexpectedly failed (i.e. flown apart) and an escaping piece had hit the plaintiff in the face causing serious injuries. According to the user, the grinder with the wheel was purchased approximately one hour before the grinding wheel failure.
A failed plastic lawn chair was examined to determine the cause of failure. This chair failed on the premises of a restaurant In this study the subject chair is examined and compared to several exemplar purchased at the same time. The objective of this study is to determine the cause of failure.
Glass Failure Analysis Expert Witness performs a failure analysis of a several tempered glass doors that had "spontaneously" failed at a construction site. The objective of this glass failure analysis is to determine the cause of failure and make recommendations to the contractor.
Before expending the effort necessary to reverse engineer a device or object, it must be definite that the object under study is not covered by one or more patents. This avoids a dispute over patent violations. Once it has been established that no patent coverage exists, one can use multiple techniques to reverse engineer a product. These are summarized below:
The cracked tank was first inspected in the "as received" condition. In this condition it was cracked, but it was still whole. Next, the failed tank was separated by pulling it apart. This was done to expose the fracture surfaces of the main crack. This allowed for a complete failure analysis and for a determination of where the crack initiated.
Glass fractography is the most effective method for determining why a glass object, such as a bottle, failed. This technique consists of examining the fracture surfaces of the failure for artifacts such as Wallner lines and using them to trace the crack back to its origin. Once the origin has been identified, it can be examined in detail with a microscope to determine the cause of the failure.
Note: Glass Fractography is the most effective method for determining why a glass object, such as a bottle, failed. This technique consists of examining the fracture surfaces of the failure for artifacts such as Wallner lines and using them to trace the crack back to its origin
John A. Dalkowski III, CRE, MAI, is Managing Director of NRER, with offices in New York, NY; Miami, FL; and Charlotte, NC. He has over 45 years experience in providing Real Estate Valuations totaling in excess of $10 Billion in real estate asset value, and in providinglitigation and arbitration support, and expert witness services, Real Estate Development consulting, Counseling and brokerage services - performed in 26 states to date.
My specific areas of expertise include litigation related to real estate diminution of value damages - due to environmental stigma or other external forces, air rights / TDR’s, full and partial interests' appraisals, real estate development / EB-5 market and feasibility studies, and acquisition / disposition due diligence. I am experienced in providing transactional counseling, litigation / arbitration support & expert witness testimony, forensic appraisals and valuation advisory services, particularly on specialized or complex urban transactions, and also, in Real Estate Broker Fiduciary Duties & Standards of Care, and Appraiser Malpractice / USPAP issues.
I have completed countless valuations over 45+ years’ - encompassing major Manhattan hotels and office buildings, valuations of major urban hotels, resorts and hospitality properties including timeshares, allocation of tangible and intangible [business value] assets, fractional interest appraisals, valuations and alternative use studies, valuation of ski resorts, indoor waterparks, adventure centers / entertainment venues and valuation of correctional facilities. I have performed more than 100 distressed asset valuations for the FDIC, as well as complex litigation support such as in the Chinese Drywall test case in New Orleans.
Maurice Robinson, ISHC, CRE, ASA, is an expert in the field of hotel and resort consulting. He has been facilitating the development and redevelopment of high-end, full-service hotels and resorts for over 30 years.
Additionally, Mr. Robinson has been providing litigation support services, strategic advisory services, hotel repositioning, market feasibility studies, and appraising hotels and other hospitality-related real estate. His expertise includes advising clients on development planning, deal structuring and financial issues, dispute resolution, workouts, and expert witness testimony related to hotel and resort development and investment.
Qualified Expert Witness & Consultant in Hotel and Real Estate Industry Business Issues:
Recently, we were engaged by the National Park Service (NPS) to appraise the structures and other improvements that have been constructed by commercial vendors or "concessionaires" operating hotels, restaurants and other hospitality services in National Parks.
Florida Office: Andrew Avalon, PE, PSP Chairman & CEO 8633 Willow Kane Court Orlando, FL 32835 email@example.com T: (407) 445-0825 F: (407) 650-3399
Long International provides expert engineering and construction claims analysis, expert testimony, project management consulting, and insurance claims analysis services. Our focus is on heavy industrial projects including oil and gas, petroleum refining, petrochemical, chemical, mining/mineral processing, power, cogeneration, and other industrial projects. We analyze claims, not limited to, disputed change orders, schedule delay, acceleration, time extensions, liquidated damages, loss of productivity, defective specifications, and deficient project management performance.
Richard J. Long, P.E., P.Eng., Founder of Long International, has over 50 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. As an internationally recognized expert in the analysis and resolution of complex construction disputes for over 35 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. He has presented and published numerous articles on claims analysis, entitlement issues, CPM schedule and damages analyses, cumulative impact claims, and claims prevention.
Rod C. Carter, CCP, PSP is President of Long International and has over 20 years of experience in construction project controls, contract disputes and resolution, negotiations, mediation, arbitration support, and expert testimony on scheduling, loss of productivity, and quantum issues. He has experience in entitlement, schedule, and damages analyses on over 30 construction disputes ranging in value from US$100,000 to US$7 billion, related to oil and gas, oil refinery, LNG, heavy civil, nuclear, environmental, chemical, power, industrial, commercial, and residential construction projects. Mr. Carter is proficient in the use of Primavera P6 and P3 software, and he has extensive experience in assessing the impact to engineering and construction works of RFIs, change orders and other events. Mr. Carter specializes in loss of productivity, cumulative impact, and quantum calculations, and had a lead role in assessing damages on more than a dozen major disputes. In addition, Mr. Carter has developed cost and schedule risk analysis models using Monte Carlo simulations to address the uncertainty of estimates and claims.
Michael J. Vallez, P.E., MBA, LEAN SIX SIGMA is a Senior Principal with Long International and has over 40 years of hands-on and leadership experience in project management, engineering/construction management, cost and schedule control, change management, claims, and dispute resolution. He has served in executive management roles for both the owner and contractor working on world-class oil and gas, power, and international mining projects. Mr. Vallez has a proven ability to organize, integrate and manage the work of multi-disciplined technical specialists and project construction teams to achieve corporate financial goals and objectives of return on investment, safety, operational performance, cost, and time. In all, he has provided leadership on several billion dollars’ worth of projects in the chemical, heavy civil, mining, power, oil and gas, industrial, and commercial sectors. Mr. Vallez has written several books on the subjects of construction management, safety, and effective project leadership.
The purpose of this paper is to provide an explanation of the methodology and resources that Long International uses to arrive at its opinions on allocation of the responsibility for various problems, and the impact of those opinions on the parties’ entitlement to damages or extensions of the time of performance allowed under a Contract.
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
Sound contract administrative practice requires keeping records in an orderly fashion and periodically reviewing those records, as needs dictate. While preparing and maintaining documentation involves effort, ready access to factual data affords management a variety of benefits. Conscientious record keeping can preclude confusion and subsequent disagreements, and, therefore, can help to prevent claims
Changes can occur on almost every project and they often lead to delays and other negative impacts to the schedule and cost of a project. Large and complex engineering, procurement, and construction (EPC) projects are particularly susceptible to the negative impacts caused by changes. Changes can cause delay and disruption to engineering, procurement, fabrication, transportation and delivery
Concurrent delay is a vexed and complex technical and legal issue. Construction contracts often do not expressly provide direction as to the parties’ agreement when there is concurrent delay. Most simply require the contractor to provide notice and specifics when an owner-responsible delay event occurs.
Most construction contracts require written notice for changes, differing site conditions, extra work, or other events which may affect the contractor’s time and cost of performance. The process of giving “notice” is vital to triggering the contract mechanisms that allow the contractor to pursue additional time and cost and to reserve its rights to recover for any unforeseen...
The COVID-19 pandemic has changed the internal and external project execution environments. The pandemic has caused impacts of varying degrees to nearly every aspect of projects involving the activity of people. Ordinary practices in the creation of project documentation are robust and are utilized to support the analysis of construction claims. Although project productivity losses may be demonstrable, providing compelling evidence and proof that the losses were caused by the pandemic may not be as easy to demonstrate.
An As-Built But-For Schedule Delay Analysis (ABBF) is a retrospective CPM schedule delay analysis technique that determines the earliest date that the required mechanical completion activity, project completion activity, or various milestone activities could have been achieved but-for the owner-caused compensable delays that occurred during the project.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Grant D. Stiefel, Esq. is a nationally-recognized, full time attorney fee consultant, testifying expert and the principal of Litigation Limited, a boutique legal fee consulting firm
Mr. Stiefel has testified in nearly 100lawsuits, including matters in federal district courts, California trial courts, JAMS/AAA arbitrations, the Ninth Circuit Court of Appeals, State Bar courts, and attorney-client fee arbitrations
He has qualified to testify and has testified live at trials and arbitrations as a designated attorney fee expert
Mr. Stiefel’s methodology for reviewing, auditing and evaluating legal invoices has been cited, approved and adopted by California state and federal courts
He has been retained as a testifying attorney fee expert by the world’s largest law firms, including Reed Smith; McDermott Will and Emery; Jones Day; Sheppard Mullin; Sidely Austin; Dykema Gossett; Orrick Herrington & Sutcliffe; and Littler Mendelson, among many others
Mr. Stiefel is a member of the California State Bar and is unique among fee experts in that he practiced law for many years at two of the world’s largest law firms (Akin Gump and K&L Gates)
Mr. Stiefel has managed a multi-billion dollar litigation portfolio and has audited hundreds of millions of dollars in legal fees from law firms nationwide since 2008
He has developed and implemented outside counsel billing and case management guidelines for Fortune 500 corporations
He is a California State Bar-approved continuing legal education instructor on attorneys’ fees who has trained hundreds of executives and in-house counsel from a host of Fortune 500 corporations
Mr. Stiefel is qualified as an attorney-client fee dispute arbitrator with the California State Bar’s Mandatory Fee Arbitration program and as a judge pro tem with the California Superior Court for the County of Los Angeles
Grant Stiefel was the testifying fee expert on a series of fee applications by class counsel in Jones v. Wells Fargo, on behalf of aggrieved California consumers in the first consumer class action brought under the Unruh Act. Relying upon Mr. Stiefel's testimony regarding the reasonableness of hourly rates and overall work performed, the trial court awarded more than $25 million in attorneys' fees to class counsel
The district court for the Central District of California adopted and approved Mr. Stiefel's methodology for identifying and quantifying block-billed, vague and redacted billing entries in cutting Plaintiff's fee request by more than sixty percent in CNS v. Planet, from $4.8 million to $1.9 million
In Vides v. ABM Janitorial Services, the trial court reduced Plaintiff's fee request in a FEHA action by over $1 million based upon Grant Stiefel's expert testimony. Plaintiff moved for an award of $1,578,232.50 in attorneys' fees, which the trial court reduced to $544,183.12. Mr. Stiefel's testimony showed that the hourly rates claimed by Plaintiff's counsel were unreasonable under the circumstances, that excessive time was spent on inter-office communications, and that the matter was overstaffed
California Office: 357 Avenida Castilla Unit C Laguna Woods, CA 92637 (424) 223-8252
"Grant Stiefel draws on his experience as a big firm trial lawyer to help companies save on outside legal fees." -- NALFA (National Association of Legal Fee Analysis)
“Mr. Stiefel’s qualifications [as a testifying fee expert] cannot seriously be in dispute.” Hon. Michael Paul Lindfield, Los Angeles County Superior Court (Trial Proceedings, February 14, 2014)
Jim Leatzow has 46 years of "hands-on" practical, property / casualty insurance agency experience. Leatzow has literally worn "every hat there is to wear in the P/C insurance business. He provides expert & arbitration services nationally & internationally with no charge for travel time. He is articulate, efficient & equally comfortable within the U.S. & in foreign venues. His experience includes:
46 years national Property/Casualty insurance industry experience
30 years national, Property/Casualty insurance Agency Owner
23 years national, Property/Casualty Managing General Agent (MGA)
20 years national, Third Party Administrator (TPA) insurance claim adjuster
26 years Reinsurance experience & Company Founder/President
17 years Certified insurance Arbitrator (U.S. / U.K. / Bermuda)
55 years Licensed Pilot with Commercial, Instrument, Multi & Seaplane Ratings
Still licensed in Illinois (46 years) & Wisconsin (38 years)
Licensed in all states for 20-25 years until 2005 (agency sold)
Rule 26 Report specialization on complex cases
Bad Faith Expert qualifiednationally
History of representing plaintiff & defense equally
No charge for travel time "coast to coast"
Leatzow's specialties include: Agent-Broker-MGA standards of care / Bad Faith / Coverage / Agent-Broker E&O Claims / Agent-Broker custom & practice / Professional (E&O) Liability / Claims Adjusting Standard of Care / Claims-made coverage / Surplus Lines issues / Underwriting / Licensing / Property / General Liability /Aviation Insurance
Jeffrey D. Diamond specializes in Insurance Coverage Disputes and Litigation. He has established his law firm as one of the premier Insurance Coverage law firms in the Metro Atlanta area on behalf of policyholders, as well as throughout the State of Georgia and, as he was initially admitted to the State Bar of California in 1978, he serves policyholders in California, as well.
In addition to his full time law practice, Mr. Diamond has served as an Adjunct Professor of Insurance Law since 1995 in both California and Georgia, having joined the Georgia State University College of Law faculty in 2009 as an Adjunct Professor of Insurance Law and, in 2012, he joined Atlanta’s John Marshall Law School in a similar capacity.
Mr. Diamond is also a law instructor for the National Association of Certified Valuators and Analysts (NACVA), a national educational organization which conducts continuing education programs for financial professionals across the country, teaching in NACVA’s Expert Witness Bootcamp program. Mr. Diamond has been an invited guest speaker on topics of interest at numerous insurance conferences throughout the country.
Over his 37 year career, Mr. Diamond has successfully represented policyholders, and formerly Insurance companies, in a wide variety of insurance coverage and bad faith actions including:
Business Insurance Litigation
Homeowners Insurance Litigation
Construction Defect Litigation
General Business Property and Liability Claims
Long Term Disability Claims
Life Insurance Claims
Litigation Support - Mr. Diamond's experience as an insurance litigator and insurance law professor allows him a unique perspective as a consulting expert witness. His extensive knowledge of insurance law and keen insights into insurance policy interpretation, as well as the covenant of good faith and fair dealing under each State’s insurance related statutes and case law, make him an exceptional consulting expert witness with regard to insurance coverage disputes and issues concerning insurance bad faith issues.
Huggins Actuarial Services, Inc is a full-service independent consulting firm with more than 100 years of experience providing innovative and clever solutions to a wide range of Actuarial and Risk Management Challenges. They offer a wide range of tactical consulting services providing valuable assistance in the day-to-day operation of your firm, as well as strategic consulting to inform decision-making on matters of extreme gravity.
Huggins employs leading professionals, having the combination of strong analytical skills, business knowledge, and understanding of human behavior to identify, measure, and manage risk. The firm has a reputation of actuarial excellence and a proven track record providing clients with the information and vital services they need to succeed.
Huggins actuaries have issued more than 600 loss reserve opinions to date, and counting. Credentialed actuaries on staff average over 25 years of experience and have reached top levels of achievement in the actuarial profession, including Chief Actuaries of large multi-line national insurance companies and Partner of Big Four accounting firms Their Integrated team approach provides the highest quality work in a timely fashion.
Enterprise Risk Management
Economic Capital Modeling
Rate Making & Product Development
Individual Claims Simulation Model
Captive Feasibility Study
Warranty and Other Accruals
Ronald T. (Rusty) Kuehn is a Consulting Actuary with Huggins Actuarial Services, Inc. and a Fellow of the Casualty Actuarial Society and the Conference of Actuaries in Public Practice, a Member of the American Academy of Actuaries and the International Actuarial Association. In addition, Mr. Kuehn holds the Chartered Enterprise Risk Analyst (CERA) designation, the Chartered Property-Casualty Underwriter (CPCU) designation, and the Associate in Risk Management (ARM) designation.
Mr. Kuehn is professionally active; he has served as the chairman of the Casualty Loss Reserve Seminar (CLRS), which is jointly sponsored by the Casualty Actuarial Society (CAS), the American Academy of Actuaries and the Conference of Consulting Actuaries. He has also served on the on the Casualty Practice Council of the American Academy of Actuaries, the CAS Examination Committee and Committee for Consultants’ Interests, and as past President, Education Chairman and Board Member of the Casualty Actuaries of the Mid-Atlantic Region (CAMAR).
In addition, Mr. Kuehn has served on the Insurance Services Office Private Passenger Automobile Subcommittee and the Homeowners Subcommittee. Mr. Kuehn has also served as a Member of the Conference Task Force on Public Policy Debate of the Conference of Actuaries in Public Practice. He currently serves on the Board of the Insurance Society of Philadelphia (ISOP), and he is a member of the ORSA subgroup of the ERM Committee of the Risk Management and Financial Reporting Council of the American Academy of Actuaries. His over 45 years in business have given him a thorough knowledge of the property-casualty business both from a company and consulting viewpoint. See Full Bio and Consulting Experience.
Grover M. Edie, MBA, FCAS, MAAA, CERA, CPCU, ARM, ARP,is a Fellow of the Casualty Actuarial Society, a Member of the American Academy of Actuaries, a Certified Enterprise Risk Analyst, a Chartered Property Casualty Underwriter, an Associate in Risk Management, and an Associate in Research and Planning.
Prior to joining Huggins, Mr. Edie was Vice President and Chief Actuary at GMAC Insurance Company, where he oversaw all actuarial activities including pricing, loss reserving, and enterprise risk management in personal auto, commercial lines, auto extended service contracts, assumed reinsurance and other miscellaneous lines of insurance. He introduced Economic Capital Modeling to the organization during his tenure. His previous employers include Erie Insurance Group, John Deere Insurance, and the Insurance Services Offices.
Mr. Edie has over 25 years of actuarial experience. He started his insurance career as an underwriter. The primary services Mr. Edie provides to his clients includes Economic Capital Modeling, Enterprise Risk Management, profitability analysis, rate level reviews and filings, and loss reserve analysis. See Full Bio and Consulting Experience.
Kim E. Piersol, FCAS, MAAA, is a Fellow of the Casualty Actuarial Society and a Member of the American Academy of Actuaries. Prior to joining Huggins, he served as Senior Vice President & Chief Actuary for Crum & Forster Insurance Companies. Prior to that he served as Group Vice President & Chief Actuary for CNA Insurance Companies, and was a consulting actuary for KPMG LLP, Arthur Andersen LLP, and CFO of AIG Risk Management (AIGRM).
Mr. Piersol is professionally active; he has served on the American Academy of Actuaries Environmental Liabilities Work Group, the NAIC Technical Advisory Committee on Catastrophe Reserves, the Workers’ Compensation Reinsurance Bureau Actuarial Committee, and has been a Director and Treasurer of the Professional Liability Underwriting Society (PLUS). He also served on the Professional Liability Actuarial Subcommittee of the Insurance Services Office (ISO). He has also served as a 1st Lieutenant in the United States Army Field Artillery. His over 40 years in the actuarial field have given him a thorough knowledge of the property-casualty business both from a company and consulting viewpoint. See Full Bio and Consulting Experienc.
Roy Theophilus Bent, Jr., CEO of Houston Auto Appraisers, is a well known and respected expert and consultant in the automotive industry. He holds numerous licenses and credentials as an ASE Certified Mechanic, I-Car Collision Specialist, Licensed Auto Appraiser, Insurance Adjuster, Umpire, Mediator, Arbitrator, Classic Car Judge, and Vintage Car Historian. An IACP Certified Auto Appraiser and Field Inspector, Mr. Bent offers appraisal services to insurance companies, attorneys, banks, credit unions, lenders, agricultural credit corporations, accountants, government agencies, auctioneers, farmers, ranchers, transportation companies, and individual consumers. He provides the following selected consulting services:
Diminished Value Appraisals
Total Loss / Stolen Vehicle Appraisals
Certified Real Estate Appraisers and Texas Homeowners Insurance Claims Assistance
Industrial, Construction & Heavy Equipment Appraisals
Tractor Trailer and Equipment Appraisals
Travel Trailer Appraisals
KPRC 2 Houston News Interview with Roy Bent on Diminished Value
Mr. Bent is the seated President of the Bureau of Certified Auto Appraisers (BOCAA), a National Professional Appraisal Credentialing Organization that has trained, tested, and certified over 2,400 students under his leadership in the practices of IACP Certified Auto Appraisals and Litigation assistance. In addition to his appraisal services, Mr. Bent offers Appraisal Training Certification courses designed to properly train and educate the appraiser with the minimum requirements set forth by the Bureau of Certified Auto Appraisers. BOCAA courses include:
IACP Certification Exam - To provide suitable training and education to the auto appraisal professional. IACPSM Certified Appraisers follow strict adherence to the Bureaus’ Code of Ethics and USPAP guidelines
Texas Adjusters Pre-Licensing Course - 40-hour Texas Adjusters Pre-licensing course approved by the Texas Department of Insurance as an alternative method of obtaining your Texas Adjusters Property & Casualty license
Auto Appraisals for Law Enforcement Agencies- Roy Theophilus Bent, Jr., IACP Certified Auto Appraiser & Expert Witness is regularly retained by the United States Department of Justice (DOJ), Federal Bureau of Investigations (FBI), U.S. Marshals Office, U.S. Customs and Border Protection, and Police Departments to assist with white-collar crimes, vehicular homicide crimes, and felony drug crimes resulting in Federal Criminal Forfeitures, Civil Judicial Forfeitures, Administrative Forfeitures & Seizures of rightfully seized and wrongfully seized assets and personal property including Exotic Luxury Cars, Luxury Motor Homes, Travel Trailers, Custom Motorcycles, and other valuable assets.
PRACTICE AREAS AND EXPERTISE: Peacemaking, mediation and conflict management of difficult community, business and interpersonal conflicts.
From 1978 to 1998, trial lawyer with demonstrated success in complex, difficult, or unique cases. Experienced in both state and federal trial and appellate courts. Experienced in AAA commercial and construction arbitration and SEC/NASD arbitration. Broad range of knowledge, including construction, business, contract, finance, constitutional law, commercial law, and insurance law.
With over 22 years of experience, Mr. Noll has litigated and arbitrated diverse and complex cases before state and federal juries, judges and administrative tribunals. His practice is now devoted to resolving business and interpersonal conflicts without litigation. He has mediated over 400 difficult and complex conflicts including employment disputes (gender discrimination, racial discrimination, wrongful termination) construction defect cases, complex commercial and industrial construction disputes, CERCLA claims, partnership dissolutions, water rights disputes, shareholder disputes, intellectual property litigation, constitutional law cases, land use disputes, financial and commercial disputes, crop losses, estates and trusts litigation, and insurance disputes.
Let's consider what makes this time slightly different than previous times of unrest. The essential facts are that most Americans are suffering through the deepest economic depression since the 1930s. We barely avoided a complete economic collapse and may still see an economic collapse if the euro fails.
I am reading The Truth About Camp David: The Untold Story about the Collapse of the Middle East Peace Process by Clayton Swisher. This is a modern history of the events in the Clinton administration from 1999 to 2000 concerning US attempts to mediate peace between Israel and Syria and Israel and the Palestinians.
In this in-depth analysis, professional mediator Douglas E. Noll goes behind the headlines to understand why crucial negotiations fail. He argues that diplomats often enter negotiations with flawed assumptions about human behavior, sovereignty, and power. Essentially, the international community is using a model of European diplomacy dating back to the 18th century to solve the complex problems of the 21st century. Through numerous examples, the author shows that the key failure in current diplomatic efforts is the entrenched belief that nations, through their representatives, will act rationally to further their individual political, economic, and strategic interests.
Sex, politics and religion at the office are potent forces for attaining a sustainable competitive advantage in the post-modern workplace. Whether you are in charge of a Fortune 500 company, a nonprofit, an entrepreneurial enterprise, or just a few workers, if you are sweeping sexuality, political power, and values under the rug, you're leaving three powerful tools in the shed. Repression is not an option. In contrast, the rewards for developing a powerful, healthy workplace are profitable, reliable, and limitless. This unconventional approach, developed by authors John F. Boogaert and Douglas E. Noll, shows you how to unleash the incredible power of sex, politics and religion in your office.
In this book, Noll weaves many strands of academic thinking about human conflict into an integrated view of why people fight, how they fight, what they fight over—and how they can instead make peace, whether in the courtroom or beyond.
DMA Economics, LLC is a world class provider of Valuation Analyses in high-stakes litigation. Their clients include billion-dollar investment funds under SEC investigation as well multi-national firms involved in intellectual property disputes, consumers in product mislabeling cases, and small to mid-sized businesses involved in complex commercial litigation.
DMA Economics has performed valuations for cases involving Theft of Trade Secrets, Securities Fraud, Product Mislabeling and Consumer Fraud, and Lost Profits and Enterprise Value to name a few. DMA Economics also has extensive experience in the valuation of business interests for non-litigation matters. These include but are not limited to valuations of non-public business interests, for acquisition and regulatory purposes.
Donald M. May PhD, CPA, Managing Partner at DMA Economics, LLC, possesses over 30 years of Valuation and Economic Damages experience. He implements a broad range of damage analyses and valuations for clients including billion dollar investment funds under SEC investigation as well as smaller businesses concerned with the impact of potential litigation and strategies to reduce potential liability.
Background Experience - Prior to founding DMA Economics LLC, Dr. May was Managing Director at Berkley Research Group and the Principal in charge of valuation and litigation support services for a regional accounting firm, a Managing Director for PricewaterhouseCoopers, and a professor at the Massachusetts Institute of Technology - Sloan School of Management. He has performed over 200 valuations of closely held businesses across numerous industries for financial reporting and estate planning. Dr. May has been published in several distinguished academic and practitioner journals such as The Journal of Finance, The Quarterly Review of Economics and Finance, Hedge Fund Law Review, and is currently an editorial board member of The Journal of Business Valuation and Economic Loss Analysis.
Mascara falsely labeled as being natural. Label claims “Natural” fibers on mascara are alleged and proven to be false. Class action filed and DMA Economics is tasked with computing aggregate damages to the class who purchased the mascara at a premium because they believed it was natural.
The fund managers were alleged to have violated their fiduciary duty to maintain proper diversification in the fund by allowing one particular security to make up more than 25% of fund value and up to over 40% of fund value by mid-2015.
This article finds evidence consistent with the hypothesis that managers consider personal risk when making decisions that affect firm risk. I find that Chief Executive Officers (CEOs) with more personal wealth vested in firm equity tend to diversify. CEOs who are specialists at the existing technology tend to buy similar technologies. When specialists have many years vested, they tend to diversify, however. Poor performance in the existing lines of business is associated with movements into new lines of business.
Victor Republicano, Jr., CPA, CGMA is an accounting and consulting practitioner, who has provided professional services to business owners, corporate management, lawyers and their clients, since 1977. Mr. Republicano provides assistance in all phases of the litigation process, from strategy sessions early in the dispute, through settlement negotiations, and trial. Among his distinguishing achievements are his CGMA (Chartered Global Management Accountant) designation from the AICPA (American Institute of Certified Public Accountants); Diplomate status from the American Board of Forensic Accounting, and his Fellow status from the American College of Forensic Examiners, in addition to his affiliation with the Association of Certified Fraud Examiners.
Mr. Republicano has extensive experience in providing litigation consulting services and expert testimony in a wide variety of areas. His litigation consulting projects have included damage assessment and analysis, inspection and reconstruction of accounting records, pre-trial preparation, expert testimony, witness preparation, courtroom assistance, and post-trial consultation with counsel. He has served as an expert witness in over 100 cases, including matters in state and federal court, administrative proceedings, and alternative dispute resolution forums.
Mr. Republicano is experienced in small business consulting, accounting and auditing, publicly traded companies, and litigation services. His industry experience includes: Ag-Chem, Construction, Distribution, Financial Institutions, High-Tech, Manufacturing, Network Marketing, Non- Profit Organizations, Professional Services (Architects, Engineers, Law Firms, etc), Securities and Retail. Mr. Republicano has assisted a variety of companies with IPO's, private placements and statutory filings with the Securities and Exchange Commission. He also has provided extensive consultations to entrepreneurs and others and other non-public business owners regarding mergers and acquisitions, inventory control systems, credit and collections management, and property lease analyses.
Litigation and Other Services:
Alternate Dispute Resolution (Mediation, Referee, Special Master)
Damage Calculations and Assessment
White Collar Crime
Investigative Services (accounting, finance, business and trade practices)
Construction Strategies provides a complete range of Construction and Construction Consulting services. They offer pre-construction services for owners considering future projects who need assistance in evaluating the feasibility and conceptual costs. Construction Strategies also offers post construction services for owners who are facing close out problems including conflict resolution, mediation assistance, close out service completion, punch lists, and warranty assistance.
Value Engineering Analysis
Design Team Management
Scope Package Development
Bid Evaluations & Recommendations
Contract Negotiation Support
Scheduling Development or Analysis
Change Order Negotiation
Management Information System
Document Control Systems
Post Completion Analysis
Quality Control Inspections
Code Compliance Inspections
Close Out Evaluation
Principal, 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.
The construction industry is gigantic.....it has been around for centuries in this country alone....an industry with that much inertia does not embrace change easily. Introducing new processes and methodology is much like trying to turn an aircraft carrier with a boat oar. You can get beat up pretty good and not even effect the ship!
Coleman & Horowitt, LLP is a Civil Litigation and Transactions Firm. It provides a wide variety of services to businesses and individuals through its two departments. By concentrating in these areas, members of the firm have become exceptionally proficient in dealing with all phases of preventive law, litigation, alternative dispute resolution and the negotiation and preparation of documentation to meet the needs of today's businesses. The firm has a varied client base ranging from small family operations to large, publicly traded corporations.
Darryl Horowitt, Esq. has conducted all phases of litigation in the areas of Banking, Business Disputes, Securities Fraud (class action and individual), Construction, Real Estate, Environmental, Casualty Insurance Defense, Personal Injury and Commercial Collections, from initial client contact to settlement, mediation, arbitration and trial - court and jury (State and Federal Court) and administrative proceedings (before the United States Environmental Protection Agency, Department of Agriculture, National Labor Relations Board, California Department of Fair Housing and Employment, Worker's Compensation Appeals Board and Agricultural Labor Relations Board).
Mr. Horowitt has also assisted in transactions, including incorporation, purchase and sale agreements, secured and unsecured transactions, and employment contracts. In the field of alternative dispute resolution, he has served as an arbitrator (for the American Arbitration Association, NASD Regulation, Inc., Better Business Bureau Dispute Resolution Center, and the Fresno and Madera County Superior Courts), mediator (privately and for the Better Business Bureau Dispute Resolution Center), special master (for Judge James Ware, United States District Court, Northern District of California) and judge pro tem (Fresno County Courts).
Firm's Areas of Practice Include
Commercial Real Estate
Casualty Insurance Defense
Construction Litigation and Transactions
Personal Injury Litigation
Alternative Dispute Resolution (mediation, arbitration and mini-trials)
In a previous edition of Construction Alert we reported to you on White v. Cridlebaugh (2009) 178 Cal.App.4th 506, in which the court confirmed that an unlicensed contractor could be sued for recovery of funds, even though the owner had received a benefit from the work performed by the unlicensed contractor. In that case, the owner was unaware that the contractor was unlicensed until after the work was performed.
It has long been a requirement that any subcontractor or material supplier seeking to enforce a mechanic's lien must first file a 20-day preliminary notice. The requirement existed before the California legislature revised laws relating to mechanic's liens and stop notices in 2012, and similar requirements exist after 2012.
The Public Contracts Code generally provides that contracts for certain dollar amounts, generally exceeding $15,000 to $25,000, must be sent out for bid and let to the lowest responsible bidder after appropriate notice is given. Public Contracts Code § 20803, which governs sanitary districts, contains such a requirement for any contract exceeding $15,000.
California law requires that contractors obtain the proper license before work can be performed on any project. (See Business & Professions Code § 7026.) Moreover, where a contractor files a lawsuit to recover monies owed for work performed, that contractor must plead and prove it was licensed at all times that the work was performed. (See Business & Professions Code § 7031.) The penalty for failure to maintain your license is severe. If you are unable to prove that you were licensed at all times, you are barred from recovering monies on any grounds, whether it be for breach of contract, fraud, or reasonable value of the services performed. (See Hydrotech Systems, Ltd. v. Oasis Waterpark (1991) 52 Cal.3d. 988.) But what happens if a contractor is licensed for most of the time that the work is performed and inadvertently allows his license to lapse for a period during the construction of a project? This article will discuss this issue.
The courts have been busy dealing with issues relating to bidding on public works projects. Two recent decisions have been issued: Great Western Contractors, Inc. v. Irvine Unified School District (2010) 2010 DJDAR 13815 and Schram Construction Inc. v. The Regents of the University of California (Southland Industries) (2010) 2010 DJDAR 13398.
Most contractors know that the mechanic's lien is one of the best remedies available to the contractor, laborer, and supplier because it allows for the foreclosure of real property if payment is not made for construction work and/or materials supplied to the project. What many contractors may be unsure of is on which projects a lien should be recorded.
Much has been discussed in the media regarding the fees lawyers charge. Some believe that they are excessive while others believe that due to their education and expertise, high rates are expected. What is not discussed, however, are the various methods lawyers use to determine how they will charge and what they will charge. This article will discuss the various billing practices that are available to you, the legal consumer.
Other than dealing with the Government, perhaps the most frustrating aspect of running a business is the collection of unpaid debts from your customers. Every business at one time or another will be faced with the situation where goods and/or services have been provided, no complaints have been received, yet your customer refuses to pay. This monograph will serve to answer a few questions you may have regarding collections as they arise in the commercial setting.
Unfortunately, many of us at one time or another, will be a victim of an automobile accident which was simply not our fault. If you are injured, the law provides that you may be entitled to recover monetary damages for hospital expenses, medical treatment, prescriptions, lost wages, and other damages for pain and suffering. The amount of such damages differs based upon your injuries.
As litigation becomes more expensive, clients look to more cost-effective means of resolving their disputes. This requires an evaluation of alternative dispute resolution, otherwise known as ADR. Alternative dispute resolution includes non-court alternatives such as negotiations, mediations, arbitrations, mini trials, and early neutral evaluation. Courts have recognized the benefits of ADR in virtually every court in the state. The federal courts have also adopted ADR programs.
As the owner of a business that may be a party to a lawsuit, you need to know about the discovery of electronically stored information (ESI), also known as e-discovery. Why? Because the requirements to preserve and produce ESI are quickly evolving and have often taken over lawsuits as if e-discovery has a life of its own. This article will address the basics of e-discovery so that your business can start taking steps to minimize its impact.
In a previous issue of Legal Brief, I discussed protecting yourself with adequate auto insurance. This is, perhaps, the insurance that is most commonly bought, because every driver is required to be covered by automobile liability insurance. But what about business owners? Should they buy insurance as well?
Every day, in almost every city, and in almost every state, a business is served with a subpena. Your business may have received one in the past or may receive one soon. For those who are not regular participants in lawsuits, subpoenas are a mysterious document which you should know about.
It is an unfortunate fact of business that from time to time one of your customers will not pay for goods or services you provide. It is a frustrating and sometimes helpless feeling that you have knowing that even though you provided a valuable product or service, for reasons beyond your control you are simply not paid. How do you collect your money? What follows are some techniques that will help you effectively collect your receivables.
Litigation in our court system has become an expensive, time-consuming, and frus trating process which often yields undesired results. Nevertheless, a trial may be necessary to vindicate certain fundamental rights. For many disputes, however, there are alternatives to trial. This article addresses some of the alternatives, known collectively as "Alternative Dispute Resolution ('ADR')," and their potential benefit.
Because of the increase in cost of litigation, and the more frequent use of arbitration clauses in all forms of contracts, arbitration is used with increasing frequency. Although arbitration is an excellent choice in many instances, it may not be right in every case. This article will discuss the pros and cons of arbitration so that you may know whether it is right for you.
Identity theft should be a concern to all because of its pervasiveness. One form of theft is the opening of a credit card account using a pre-approved credit card solicitation. You may have received one or more of these solicitations every day, if not every week. Sometimes, the same company will send more than one such solicitation. The credit card companies do this because they receive information from credit reporting agencies and those with acceptable credit scores are sent more attractive offers.
Many consumer lawyers have argued that the failure to disclose a deferred down payment constitutes a Rees-Levering violation even if the amount of the down payment is accurately stated. An issue did, however, exist as to whether or not the inadvertent exclusion of a deferred down payment on the line for a down payment constitutes a Rees-Levering violation. This question has been answered by the court in Rojas v. Platinum Auto Group, Inc. (January 15, 2013) 212 Cal.App.4th 997.
Virtually everyone and every business has a relationship with a financial institution, whether it be a bank, savings bank, or credit union. When the account is opened, there is the hope that nothing will go wrong in the account and that your funds will be preserved.
For many, the idea of owning your own business and being your own boss is alluring: you set your hours and you alone reap the rewards of your endeavors. Unfortunately, the road to success is often paved with many perils: employee costs continue to spiral as do the cost of goods; increased competition from other companies both here and abroad; more regulation from local, state and federal agencies; etc.
On virtually any day of the week, you can pick up a newspaper and read about a lawsuit. You read the article and say to yourself: "There but for the grace of God go I." Then, the seemingly inevitable happens: You receive a letter from an attorney (or their client) that you are to be sued, or worse, you are served with a lawsuit.
Clarity Concepts, Inc. provides risk consulting and training services that help develop businesses into a high-functioning organization through specially designed consulting and training programs that suit both individual and corporate needs.
Clarity Concepts, Inc.'s Services:
Enterprise Risk Management
Outsourced Risk Management
Insurance Program Analysis
Claims reduction through Risk Control
Corporate Governance Consulting and Training
Organizational / Group Training
Teambuilding for Organizational Effectiveness
Strategic Innovation Training
Crisis Management Planning
Principal, Jane Marie Downey, M.Ed, ARM, has over 35 years of experience in Risk Management and Property, Casualty, and Professional Liability Insurance. A well-known risk management consultant, leadership trainer, and frequent public speaker, she provides risk consulting, insurance broker management, outsourced risk management, as well as leadership and team training. Her risk management clients have included Schott Corporation, Carl Zeiss, Inc., Main Line Health Systems, Genencor International, Entech Creative Industries, Saint-Gobain Corp., Commerce National Insurance Services, Napco and CIGNA International.
Background - Ms. Downey’s corporate experience includes risk management positions with IU International, PaineWebber Group, Inc., and The West Company. She also worked as an Account Executive in insurance brokerage with the Hobbs Group, now part of Willis.
She taught Risk Management at Temple University's Fox School and Crisis Management at Penn State's Graduate Program. She currently teaches Continuing Educations courses for brokers and agents for the Institute of Strategic Educational Parners.
I have been retained as an Insurance Expert or Insurance Arbitrator to confirm the proper calculation of insurance premiums, based on actual exposures, completed by the insurer at audit. In the first case, a large Hotel bought out their partner and inherited a large Wrap-Up Program of Insurance.