PozmantierWilliams Insurance Consultants, LLC is an Insurance / Risk Management firm that offers clients negotiating expertise and depth of knowledge to optimize their coverage while in many cases reducing costs. Services Include:
Joe L. Williams, CPCU, partner in PozmantierWilliams Insurance Consultants, LLC, has over 49 years of experience as an Insurance Agent / Broker and Insurance Consultant. From 1970 until 2007, he was a principal shareholder in a large Houston firm, Wisenberg Insurance + Risk Management, and was Chairman and CEO when the firm was sold to a subsidiary of Wells Fargo Bank. Mr. Williams is very familiar with all phases of the insurance industry, including consulting on bad faith, customs and practices, and standards of care. He has particular expertise in property coverage, business interruption, non-subscription, and risk transfer techniques. During the past several years, Mr. Williams has been a media contact for radio, television and news publications as an authoritative source of information about various insurance and risk management topics. He has taught numerous seminars on Business Insurance at the University of Houston. He has lectured and been a seminar leader on various insurance topics. View Joe Williams' Expert Witness Profile.
Olie R. Jolstad & Associates L.L.C. is an independent insurance and claims consulting firm representing both policyholders and insurance carriers in approximately 200 lawsuits. Our guiding principals are based on a careful review of the facts and evidence of individual cases, consistent with insurance industry customs, practices, and standards. Olie R. Jolstad & Associates L.L.C. specializes in:
Commercial Insurance Coverage Analysis and Disputes
Insurance Claims Handling
Broker/Agent Standards of Care
Principal, Olie R. Jolstad, SCLA, FACFEI, has worked in the Insurance Industry for more than 37 years. Over the span of his career, Mr. Jolstad has worked with various types of civil litigation and forensic insurance policy reconstruction projects on behalf of policyholders. His areas of skill, knowledge, and expertise include coverage disputes, unfair and deceptive claims, claim settlement acts and practices concerning general liability, property, commercial auto, personal lines, business interruption, builders’ risk, excess and umbrella liability, aviation, workers’ compensation, loss sensitive rating plans, professional liability, errors and omissions, directors and officers, third-party claims administration, and Lloyd’s of London coverage and analysis. View Olie Jolstad's Expert Witness Profile.
Britta M. Moss CPCU, SCLA, AIC-M, is a graduate of The Ohio State University and a 25+ year veteran of the Property & Casualty Insurance industry. She has claims experience in a wide variety of personal and commercial lines claims as a Claim Representative, Examiner, Supervisor, Trainer and Manager.
Ms. Moss handles, supervises, manages and provides training for claims involving auto damage, personal & commercial property damage, bodily injury, personal injury, property damage liability, commercial general liability, uninsured / underinsured motorists, medical payments, personal injury protection, and allegations of bad faith and extra-contractual exposure.
Consulting Services Include:
Claim Consultation & Training:
In-House Claims Consultation and Training available on a wide range of topics and highly beneficial for any party touched by the claim process, including adjusters, agents, CSRs, underwriters, sales reps, and legal counsel.
Good faith claim handling, supervision and management, improvement of documentation skills & procedures, understanding & managing work environment pressures, maintaining credibility & mutual respect, managing corporate discovery demands, policy & procedure refinement.
Flexibility to take on a wide range of audit projects, from complete claim portfolio reviews to focus audits. Objectively review factors that are often difficult to assess at ground level: handling/management consistency, reserve adequacy, process efficiency & effectiveness, training needs, reporting gaps, and bad faith, extra-contractual, and other volatile exposures.
Meetings, Seminars, or Panel Discussions on best practices and standards of care in claims investigation, evaluation, negotiation, and settlement, what they see on both sides of the aisle as experts, and bad faith litigation trends.
Florida Office: Andrew Avalon, PE, PSP Chairman & CEO 8633 Willow Kane Court Orlando, FL 32835 firstname.lastname@example.org T: (407) 445-0825 F: (407) 445-0821
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.
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.
Janice A. Ramsay founded the law firm of Ramsay and Johnson, ALC in 1984. She merged her practice and that firm with Berger Kahn LLC in 1999. Since the late fall of 2007, she has primarily worked independently as an expert witness and consultant to other attorneys.
During her career, Ms. Ramsay has given advice on coverage questions, underwriting procedures, rescission rights, claims handling, and insurers legal and policy obligations. She is experienced with both commercial and personal lines policies. Ms. Ramsay is familiar with the business of insurance and the legal framework of that business and has performed the procedures that are unique to the claims process such as examinations under oath, and appraisals. She has drafted or revised insurance policies for several insurance companies and has handled coverage litigation.
Litigation Support - Ms. Ramsay has been retained in over 150 matters as an expert work during her law practice beginning as early as 1989. She has testified frequently in both deposition and trial on the standards and practices of the insurance industry. She has testified for insurers, insureds,brokers, and agents.
Types of Losses:
Organized Insurance Fraud
Water Damage / Mold
Acts of Civil Authority
Suit Limitation Issues
Speaking Engagements - Ms. Ramsay has frequently been a speaker and/or panelist for the Orange County Bar Association, PLRB Annual Conference, the Combined Claims Conference, and many more. She has also given in-house seminars for several insurers.
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.