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) 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.
Construction projects involve risks. A well-structured construction contract allocates certain risks to the party that is best able to control those risks. Delay is a common risk that construction contracts allocate. A delay may increase costs for owners, contractors, and subcontractors to complete a project.
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.
Mike Panish is one of the most frequently retained consultants for all construction related services and trades with specialties in Doors, Door Hardware, Security, Automatic Doors, Cabinetry & Architectural Millwork. Mike is often used in the early stages of a lawsuit or claim, or prior to a law firm’s acceptance of a case to analyze the information provided by a prospective client. He is frequently called upon by insurance companies to evaluate a claim because of his knowledge and highly diverse background. He has been a retained expert witness in over 1750 legal cases since the year 2000, and regularly consults on issues that are not involved in legal disputes.
Mike Panish is referred by attorneys that have worked with him or have been on the opposing sides to help resolve a potential claim or legal dispute prior to filing an action. Contractor fraud, dispute resolution for homeowners/contractors. Licensed in CA as a General Building Contractor, Electrical Contractor, Door, Lock & Security Equipment Contractor, Cabinet & Millwork Contractor, and Painting & Finish Specialties Contractor. 35+ years hands-on experience in all construction trades with over 1600 cases since the year 2000. Local to CA & New England. Nationwide Inspection & Testimony.
Areas of Expertise:
Automatic Door Personal Injury, Wrongful Death Cases
Door and Door Hardware Personal Injury, Wrongful Death, Defects Cases
Cabinetry, Architectural Millwork, Furniture Personal injury, Defects Cases
Slip, Trip, Fall / Railings / ADA Personal Injury Cases
General Construction (all trades) Defects Cases, Personal Injury Cases, Wrongful Death
Premises Liability, Premises Security for Criminal Cases, Elder Abuse Cases, Wrongful Death
As a construction expert witness, I am often asked about the importance of using safety equipment. I have many years of personal experiences with the proper observance of safety procedures and appropriate safety equipment requirements.
I have been the retained expert witness by both the plaintiff and defendant to determine the causes of a variety of significant injuries that have happened as a result of improper cabinet and millwork installation practices. In most claims, if product abuse or deferred condition was not the reason for the injury, poor installation practices that have omitted required hardware was to blame. Architectural millwork injuries have occurred repeatedly in shopping centers and malls, hotels, hospitals, airports, and offices throughout the country. Casinos and restaurants are also routinely the location of significant cabinetry related failures leading to serious injuries. Many offices and industrial buildings that utilize modular furniture have had employees injured by improper or completely unattached components. In my other articles, improperly attached architectural millwork has been discussed. Heavy mirrors and headwalls have fallen upon hotel guests while they were asleep in bed. Generally, these failures occur due to lack of appropriate fasteners, missed structural connections, or product tampering.
Mechanical fasteners, when properly used as recommended by the manufacturer, almost always assure safe and secure attachment of a fastened product. In commercial and residential applications, injuries resulting from mechanical attachment failures have often been attributed to inappropriate usage of products, improper installation procedures, or the failure of a poorly manufactured fastening product. When a product becomes disconnected from its point of attachment, serious personal injury can result.
This article will discuss plastic laminated products only. Although many other laminated materials are used for residential and commercial applications, plastic laminates are one of the most common products involved in casework claims and personal injuries.
My job as a cabinetry and millwork expert witness is to inspect and evaluate casework, cabinetry, or millwork that may have either failed or may be deficient in some way. Many of the past cases where I have been designated as the cabinetry and millwork expert witness have involved analyzing products that no longer exist because they have either been replaced or destroyed. What is available for review is often in the form of architectural elevations (renderings), photographs of the damaged cabinetry, or shop drawings and samples of the materials that were used. Generally, there is a question as to what entity is responsible for the monetary loss sustained. The usual course of action by attorneys is to sue all parties in the chain of events, from design through installation.
Having recently testified as the door hardware, lock and security expert witness on a very serious elder abuse case involving the rape of a 93 year old resident of a retirement home, I am intimately aware of the potential for physical violence and neglect aimed directly at senior citizens. The following is about a completely different kind of abuse involving our senior population.
The first two questions that I am often asked by attorneys during deposition or trial testimony are "On what percentage of cases do you work for the Plaintiff?" and "On what percentage of cases do you work for the Defense?"
Most of the misunderstandings pertaining to contractor and homeowner relationships occur as a result of unclear or wrongly interpreted construction contracts. Upon entering into a building contract, the enthusiasm for starting the proposed work often creates a kind of glazing over or dulling of the senses on the part of the homeowner. Many times questionable terms and arrangements for payment scheduling are accepted or unknowingly agreed to as the homeowner's urgent desire to start work overshadows common sense. Often, the lowest priced contractor seduces the homeowner with promises of more value for the money.
As a Construction Expert Witness, I have been involved in numerous homeowner vs. contractor lawsuits that turned out to be directly created by contractor fraud. In this article, I have combined a few different actual cases, highlighting the various tactics used by dishonest contractors to bait and then hook the homeowner. In all of these cases, the homeowner prevailed.
The need to have increased security to public venues such as airports, schools, religious facilities, day care centers, shopping centers, and government buildings is nothing new. However, it has become apparent that many unexpected assaults and deadly attacks are coming from individuals that have gained a certain level of intimacy with the venues and organizations that they are invading. The attackers are not necessarily strangers, but people we know.
In December of 2012 a gunman broke into Sandy Hook Elementary School in Connecticut and viciously murdered 20 children and 6 administrators. Adding Sandy Hook Elementary School to a growing list of other tragic school shootings confirms that any educational institution should be considered a viable target for future attacks.
Every good attorney needs to consider the validity of every potential claim. As the most frequently retained door expert witness, working for both Plaintiff and Defense evenly, I have been retained on door injury and wrongful death claims that were not caused by malfunctioning doors or door hardware. As discovery has often shown, people in poor physical or mental condition who are left unattended or unassisted while moving through properly functioning doorways are often the genesis of their own injuries. All commercial venues have the responsibility to maintain their facilities to industry wide standards, seek proper routine maintenance, and provide daily inspections of their door systems. However, it is difficult to provide safe passage to every patron of their facilities when some of those patrons may include persons requiring diligent physical supervision, special assistance walking, or have special needs due to disease, mental incapacity, or other unknown infirmities.
One of the most common types of expert related calls that I receive pertains to some sort of door injury. Door injuries caused by automatic pedestrian doors, manual doors, or garage doors often lead to serious and potentially life threatening high dollar liability and personal injury lawsuits. My case load as a door expert witness is evenly split between plaintiff and defense. I have written articles, testified, and been consultant on many door injury cases throughout the country and abroad. In addition, my services have been utilized by defense teams representing cross defendants such as door maintenance companies also named in the chain of commerce.
As a door expert, I am called upon many times a year to evaluate garage door injuries. In my professional career as a general contractor and door & hardware contractor, I have installed many different types of garage doors. I have been involved with roll up doors, both for commercial warehouse applications and automotive repair facilities that allow the passage of a motor vehicle. I have installed and serviced life safety/fire drop doors typically seen in hospitals, pharmacies, labs, shopping centers and other commercial venues. I have placed sectional doors in apartment buildings, single family homes and condominiums. My company has custom built many types of garage enclosures that have had special cosmetic concealed purposes for themed attractions. Working on historic buildings has given me the opportunity to work on sliding barn type doors, hinged parting doors and old carriage style swinging doors. I have removed and replaced the older style, overhead vintage single panel pivoting hinged garage door from commercial and residential locations, and have installed a variety of newer and safer products.
The overhead or floor mounted concealed door closer is a very common type of door closer mechanism which is normally unseen and unnoticed. In the majority of installations, these concealed closers are used on aluminum glazed storefront doors, hollow metal stand alone, or structural framed window systems. The concealed door closer design concept was initially engineered as a self-contained product that featured a center pivot allowing a variety of door functions with no exterior arm or visible operating hardware.
During the past several years I have been contacted many times regarding door injury claims related to manual door closers. In response to numerous inquires asking if I have published any manual door closer articles similar to the primers I have done on automatic pedestrian doors, I am offering this article for general information to assist attorneys in determining potential issues relating to manual door closer mechanisms.
We are all used to opening and closing doors on a daily basis. Unless you encounter a problem with the function of your doors, you probably don't give their operation and component make up much thought. I am continually contacted by attorneys seeking my advice on an injury that took place because of an improperly adjusted or malfunctioning door. In this article, I am simply discussing manually operated doors. Nothing fancy or automatic about them, the kind where you grab a lever, push a plate or bang on a bar to enter or leave a room or building. So, if you want to learn to communicate professionally and simply with your door expert or even your building manager, read on.
If you run an active automatic door service company it is not a matter of IF you will be sued . . . it is a matter of WHEN ! What every door service provider can do to proactively protect their business.
As the retained expert witness on many overhead door injury and wrongful death cases, some of the injuries I have seen include injured or severed fingers and limbs, bodily trauma, and death. Disabling injuries often lead to involved lawsuits due to the combination of jobsite and employer, landlord and tenant contractual agreements, and property owner liability insurance coverage. Knowing who is responsible for maintenance and inspections of these doorways is essential.
In conjunction with many other articles that I have had published pertaining to high energy doors, or what most people think of when they say automatic doors, low energy systems can be equally dangerous and need to be appropriately and properly maintained.
Within the past few months, I have been retained as expert witness to evaluate revolving door injuries in over a dozen different locations nationwide. While I usually see an even distribution of sliding door, swinging door, and revolving door injury cases, the revolving door injuries currently seem to be the most prevalent. What is particularly interesting is that no two of my recent cases were created by the same problem.
I have been involved in many automatic door cases during the past few years working for both plaintiff and defense. As discussed in one of my previous articles (The Ins and Outs of Automatic Door Operation), automatic doors are highly complex pieces of equipment that require daily attention. Most injuries occur when some component of the automatic door system malfunctions.
A basic primer in how they work, what to look for, and how to analyze defects vs. deferred maintenance. Expert door contractor, Michael Panish, takes you through the basics for your case. A basic primer about Automatic Door functions.
Advanced Building Consultants provides expert services for a wide range of Construction and Environmental issues. Their clients include homeowners, insurance companies, businesses, and attorneys. Advanced Building Consultants serves clients throughout the Southeastern United States.
Causation and Origin
Principal, Clinton J. Ford, MS, ACA, CGC, CIAQM, CIE, CMR, CRMI, is a former Continuing Education Sponsor for the Florida Construction Licensing Board and has been a licensed Florida Certified General Contractor since 1981. He has many years of construction experience on projects ranging from $5,000 to $50,000,000 and has been providing consulting and expert witness work for both construction and environmental issues since 1994.
Mr. Ford has obtained both field experience and education in the following four distinct but often related disciplines of Construction, Environmental, Real Estate and Insurance, and holds many titles and over thirty years of construction experience with twenty-five years as a State Certified General Contractor.
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.
A local Mortgage Company referred an Attorney to one of their clients because they were having construction problems. Their clients did not want the final disbursements made until these issues were resolved.
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 our 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.
Real Estate:Valuation, Research, and Technical Capabilities from homes to high rise office buildings of all sizes and in most locations. BTI can determine value for either “as is” or “as proposed” construction as well as Market Analysis and Feasibility Studies, Construction Defects, Lost Profits Analysis, Property Tax Reductions, Lack of Disclosure or Misrepresentation
Personal Property: Residential Contents, Automobiles, Works of Art or Collectibles, Private Planes, Yachts, Inventory for Insurance Coverage, Loans, Sales, Donations, and Litigation Purposes
Business Valuation: BTI is often called upon to appraise business entities for a variety of purposes Bankruptcy, Eminent Domain, Estate Planning, Dispute Resolution, Loan Support, Marital or Corporate Dissolutions, Mergers, Purchase or Sale
Machinery and Equipment: BTI's diverse experience in appraising all types of machinery and equipment extends to leasehold improvements, furniture, fixtures and other tangible assets, and a wide range of specialized machinery and equipment including Lasers, Food Processing & Packaging Assembly lines, Cranes, Medical Equipment, Agricultural Equipment, Photography Equipment, Telecommunications Equipment
Financial Analysis: Sales, profits and expenses often need to be projected, or analyzed, based on external events that trigger losses or gains. BTI regularly performs this type of work for a wide variety of business types.They also analyze contract disputes that financially impact the parties.Commercial creditors even use BTI’s services to analyze and value accounts receivable and related assets that secure their loans to operating businesses.
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.
CLM Engineering Associates has the ability to provide a vast array of services to real estate brokers, developers, home purchases/owners. President of the firm, Craig L. Moskowitz, PE, is a Civil Engineer with extensive Construction Management experience on both commercial and residential projects. His firm handles commercial and residential building inspections as it pertains to warranty and pre-purchase inspections as well as to handle specific Structural or Civil Engineering issues related to a property.
Experience: Mr. Moskowitz has performed safety inspections on both civilian and military projects through the application of OSHA regulations. He has designed drainage systems for the government while an officer with the United States military and done cost estimating for various projects exceeding $500 million.
Mr. Moskowitz has designed document creation and management of high-rise construction in Manhattan. He has managed telecommunications projects for Verizon in Manhattan including CPM schedule creation and updating and 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. CLM are specialists in the following areas:
Traditional Commercial and Residential Building Inspections
Storm Damage Assessment, Analysis and Reporting
Comprehensive Construction Management
Cost Estimating for Projects Ranging from $50,000 to in Excess of $1 billion
Complete General Contractors, Inc., is a licensed General Contracting Construction Firm working throughout the Southeast for insurance companies, property owners, property managers, attorneys, and municipalities. They specialize in the cost estimation and causation of large loss complex property claims. Services Include:
Appraisal and Mediation Services - Fire, wind, flood, storm, hail, and water losses to residential, commercial, or industrial properties
General Contracting Services - Restoration or general construction, commercial construction, or industrial construction projects all over the United States. Manage vendors and trades, handle project documents, and serve as an authority for project information to all parties throughout the construction process
John G. Minor, President of Complete General Contractors, is a third-generation Contractor and licensed instructor certified by the North Carolina Department of Insurance. He is a recognized expert on the costs and applications necessary to repair buildings damaged by manufacturer, builder liability, water damage or intrusion, mold, or asbestos. Mr. Minor has provided for the successful restoration of millions of dollars in insurance restoration, building failures, and difficult repairs originating from defective construction practices and materials such as fire, wind, water, mold and mildew. His services were in demand for restoration on custom buildings on Bald Head Island. In addition to managing the business of Complete, Inc., John Minor teaches classes on mold and mildew remediation and prevention through proper building practices to a variety of clients thru Lorman Educational Services and other professional trainers. View John Minor's Expert Witness Profile.
With sea levels rising by some reports and inch a decade and the prediction of stronger hurricanes todays aging building stock is at risk. In addition for new construction we must learn from the past. The proliferation of coastal development begs for consistent and sustainable construction techniques.
Over 35 years of experience in Mechanical / Structural Engineering & Design, Failure Analysis, Product Liability, Industural Asbestos,Pressure Vessel & Boiler analysis and evaluation of mechanical and structural components.
Extensive trial experience. Has been involved in multi-million dollar cases. Areas involved included:
Fulcrum Financial Inquiry's analysis and research combined with unique presentation techniques have resulted in an unequaled track record in successful court cases and client recoveries. Their personnel are full time and fully focused on the services we provide. Fulcrum thoughtfully incorporates technology into their work to provide great results at a more reasonable cost.
Fulcrum's expertise encompasses damages analysis, lost profit studies, business & intangible asset valuations, fraud investigations, statistics, forensic economic analysis royalty audits, strategic & market assessments, competitive surveys, personal injury and employment damages, and a wide range of other financial advisory services. We serve the entire nation.
Renee K. Howdeshell is a CPA and Certified Fraud Examiner (CFE) with over 20 years of experience performing economic damages calculations. She has prepared numerous analyses and testified as an expert witness in federal court, CA state court and arbitration regarding lost profits, disgorgement or other matters involving accounting, finance or business valuation. She was previously honored by the National Association of Certified Valuators and Analysts as among the “40 Under Forty” who have made extraordinary advances in their field.
Ms. Howdeshell specializes in financial analysis and calculations involving disputes.She works with a broadrange of firms/industries in both litigation and non-litigation settings.Her usual assignments include lostprofits analysis, valuation, forensic accounting, and royalty and distribution audits.
Damage experts don’t always agree regarding the appropriate discount rate and underlying methodology for a lost earnings claim and certain commonly applied methods actually provide a windfall to Plaintiffs. The chosen rate can make a meaningful difference in the economic damages conclusion. A recent article, "Lost Compensation Settlement Tool Allows You To Assess Economic Damages Accurately And Efficiently, Under Various Scenarios", demonstrates the significance of the applied rate on damages.
The US Court of Appeals for the Ninth Circuit has opened the door significantly wider for those who wish to pursue qui tam False Claims Act suits by reversing a dismissal of two such matters. Ruling en banc in United States ex rel. Hartpence v. Kinetic Concepts, Inc., the Ninth Circuit has removed a prior restriction that any prior public disclosure must have originated from the whistleblower as well.
A recent case addressed the interesting question of whether a corporation could serve as an expert witness. The matter involved a breach of fiduciary duty case coordinated with an appraisal proceeding, in re Dole Food Company ("Dole"). The defendants designated Stifel, Nicolaus & Company, Incorporated ("Stifel"), a corporation, to serve as their expert witness regarding the value of Dole.
Royalty arrangements within patent licenses have long been constrained by an almost 50 year old Supreme Court decision in Brulotte v. Thys Co that prevents collection of royalties after a patent has expired. The Justices have now agreed to revisit the precedent set by that often-criticized ruling in a current case, Kimble v. Marvel Enterprises, Inc.
In a recent case involving the City of Pomona ("Pomona") v. SQM North America Corporation ("SQM"), Pomona alleged that SQM's importation of sodium nitrate for fertilizer caused a perchlorate contamination in the city. Although the district court excluded under Daubert the expert testimony of Pomona's expert witness on causation, the Ninth Circuit reversed the ruling, stating that "facts casting doubt on the credibility of an expert witness and contested facts regarding the strength of a particular scientific method are questions reserved for the fact finder". The case was remanded for trial.
In association with general cost cutting measures over recent years, many companies have pressured their vendors to reduce fees. This downward pressure has extended to the accounting firms hired to provide independent audit opinions, resulting in a significant drop in audit fees. According to Audit Analytics, audit fees in 2012 were $472 per $1 million of revenue, the lowest amount since 2004. The question is whether audit quality has been sacrificed in order to achieve these reductions.
The Eastern District of Texas is well known for its intense patent activity and already provides early disclosure of infringement and invalidity contentions to facilitate faster resolution of these cases. The Court has now taken similar action by providing an option for accelerated damage discovery, including requiring a two week turnaround between defendant's production of potentially infringing sales data and plaintiff's good faith estimate of damages. Accomplishing this will require expert assistance immediately in the process. Even for cases that do not settle, this damage estimate will inform the Court's discovery decisions and resource allocations.
In the course of affirming the district court's decision in Kraft Foods Group Brands LLC v. Cracker Barrel Old Country Store, Inc., 2013 WL 6017396, Judge Posner went a step further. While upholding the injunction, he ended his assessment with some comments "for future reference" when it comes to consumer surveys offered to demonstrate consumer confusion in support of a trademark infringement claim:
A recently affirmed decision to grant judgment for the defendant as a matter of law highlights the importance of expert testimony that is consistent with previously-disclosed opinions presented in a Rule 26 report. In Rembrandt Vision Technologies, Inc. v. Johnson & Johnson Vision Care, Inc., the expert's testimony was struck because of critical discrepancies, leaving the plaintiff with no basis for claimed patent infringement.
The decision in United States vs. Windsor (No. 12-301, June 26, 2013) by the U.S. Supreme Court (SCOTUS) to strike down Section 3 of the Defense of Marriage Act (DOMA) creates important tax issues and opportunities. These include potential refunds for same-sex married couples and their employers for years not closed by the statute of limitations.
A Delaware federal court recently closed the door on each of two possible paths to damages for Plaintiff in the matter of AVM Technologies, LLC v. Intel, Inc. (Civil Action No. 10-610-RGA). U.S. District Judge Richard G. Andrews granted Defendant's motion to exclude Plaintiff's expert, while also granting Defendant's motion in limine to preclude any proposed expert testimony from the inventor of the patent in question.
In re: Apple vs. Motorola, the parties sued each other for patent infringement involving smartphones. Seventh Circuit Judge Richard Posner, sitting by designation, threw out all damage witnesses for both parties on Daubert motions. Then, since both parties lacked damages testimony, he dismissed both cases with prejudice.
An extraordinary amount of time is incurred in discovery asking for records that may not even exist, or asking for records that do exist, but the other side declines to produce records that were not requested using just the right terms.
The following suggestions result from my experience serving as a witness, watching hundreds of other expert witnesses, and locating witnesses when servings as a confidential consultant. They are intended to help attorneys avoid common mistakes in selecting an expert witness.
Intellectual Property licensing is big business, and is getting bigger. But most licensors do not earn as much as they should because they fail to perform royalty audits allowed under their license agreements.
In many respects, the cross-examination of an expert witness is the same as for other witnesses. Some basics include: Be brief…Do not quarrel with the witness…Never ask a question to which you do not already know the answer…Avoid one question too many…and so on. However, there are some important differences
If you want to improve your chances of success, commit these ideas to stone. Then follow them religiously.1. Keep it simple This is the greatest commandment, and the one most frequently violated. Too much information in a visual aid will confuse rather than clarify. Creativity does not mean complication. To achieve your goal, invoke the following guidelines
Computers contain evidence useful in many human resource circumstances. Allegations of discrimination, sexual harassment, and unfair discharge are serious threats that are better understood by knowing what an employee did. Since computers are such a pervasive part of most employees' work lives, analysis of data stored on these computers helps address these issues
Gryphon Consulting, LLC - Built on a Lifetime of Experience
Paul L. Johnson is an award-Winning Construction Professional with 35 years of hand-on experience. A self-made man and the founder and operator of two highlysuccessful construction firms, his experience includes all aspects of High-End Residential Construction.
Mr. Johnson's has extensive experience with new builds and remodeling, light commercial construction, and tenant build-outs. He has completed 60 whole home remodels, over 500 kitchen remodels, almost 400 master bath remodels, numerous tenant fit out projects, restaurants, and a historic landmark complete renovation.
Mr. Johnson is a patented inventor of cabinet installation assembly and the author of the book Residential Construction & Remodeling; Straight Talk About The Industry & Process.
Consulting Services: Mr. Johnson serves as an Owner's Representative on matters related to high-end, high-value residential new construction, and renovation projects ($1,000,000+). He has guided numerous clients through the difficult process with the following services:
Selecting Designers, Architects, and, Contractors
Translating a Vision into Reality
Attending Required Meetings
Making Sure Plans Meet Expectations
Overseeing Workmanship and Industry Standards
Advising on Additional Expenses
Maintaining Critical Path Schedule
Overseeing Payment to Avoid Liens
Mentoring Services - Mr. Johnson also serves as a Mentor to young construction professionals looking to start or grow their own Construction business. He offers his decades of experience to help others in the industry streamline their company's by advising on the Systems, Documents, Procedures, Marketing, and Home, Jobsite, and Personnel Closing Ratios that affect their bottom lines.
Indian River Construction Services, Inc., offers many services to Home Owners, Home Owner Associations, Property Managers, and Building Owners. The most licensed construction firm in the state of Florida, they consult on project and building plans to help determine suitability, feasibility and cost controls for:
New Construction - Construction Repairs - Construction Additions - Construction Remodeling - Real Estate Improvements
Indian River Construction also has extensive experience in performing Insurance Adjusting Servicesas Florida Licensed Public Insurance Adjusters. This means they work for you and not for the insurance company, allowing them to get the best possible insurance settlement from insurance claims, whether that be a fire, flood, or hurricane.
Andrew Allocco, PE, Principal at Indian River Construction Services is a leading Construction Consultant, Florida Licensed Public Insurance Adjuster, and Real Estate Broker. With over 45 years of experience in his fields of expertise, Mr. Allocco's services are sought by individuals, corporations, developers, and law firms to oversee and advise on construction projects. He is the current owner of construction, real estate, and engineering consulting firms.
Background Experience - Mr. Allocco is the President of Indian River Construction Services, Inc. Prior to his current role, he served as the President of Better Homes Construction Services, Inc. of Miami, Florida, which performed in excess of 40,000 Building Inspections. A Forensic Consulting Engineer, he inspects Commercial, Residential, and Industrial Facilities before, during, and after construction. He assists property owners with complex insurance claims, some of which involve significant and lengthy litigation
Mr. Allocco is not only licensed in the State of Florida as a Professional Engineer and Licensed Public Insurance Adjuster, he holds more licenses both presently active and past than any other individual in the State, including:
Isaak Technologies provides expert witness, consulting & training services in the areas of design, construction, procurement, implementation, commissioning and operations of information technology, telecommunications, network systems and critical data center facilities. Isaak Technologies provides clear solutions to complex challenges using best-practice forecasting, strategy & risk mitigation.
Philip J. Isaak, PE, P.Eng., DCDC, RCDD, SMIEEE, has over 20 years of experience as a design & operations consultant & training provider, with a focus in the information technology, telecommunications & critical data center facility industries.
In recognition of Mr. Isaak’s professional standing, the Officers & Board of Directors of the Institute of Electrical & Electronic Engineers (IEEE), the world’s largest professional association for advancement of technology, certified his election to the grade of Senior Member, a level only 9% of IEEE’s over 400,000 global members hold.
One of the new terms in the data center industry is Edge Data Centers. What is the Edge? Where is the Edge? Before we begin to understand what an Edge Data Center is, it might be helpful to first understand what it is not.
Principal, EJ Janik, CPA, CFF, CFE is a Certified Public Accountant with 40 years of professional experience. He has been engaged as an accounting consultant on issues involving, among other things, public and private company audits, due diligence, fact finding, asset tracing, lost profits analysis, damage analysis, fraud analysis, insurance claims and business valuations. Mr. Janik holds a Master of Science in Accounting from Louisiana State University and a Bachelor of Commerce from Rice University. He is a member of the American Institute of Certified Public Accountants and the Texas Society of Certified Public Accountants. Mr. Janik has provided expert testimony in over 88 matters including testimony in 58 trials or hearings in 8 states. His experience also includes over 23,000 hours of Engineering and Construction auditing and consulting work on construction claims matters involving:
Differing Site and Concealed Conditions
Payroll Fringe Burdens
Superfund / Hazardous Waste Sites
Other Construction Issues
Mr. Janik provides accounting, financial, economic, fraud, and business dispute consulting. He has provided over 150 financial audits and consulted in over 765 business disputes. Janik's clients include Bank of America, Coca-Cola Company, FDIC, General Motors Corporation, IBM, Travelers Insurance, and many more. Specific areas of expertise include:
Josephson-Werdowatz & Associates (JWA), founded in 1988 and with licenses in twenty-three states, has provided Structural Design and Construction Defect investigations/evaluations across the United States from Connecticut to Hawaii.
Structural Engineering Services - JWA offers full structural engineering services for the design of commercial, institutional, industrial, and residential projects
Investigation Services - In addition to traditional design services, JWA has conducted structural investigations on literally thousands of buildings throughout the United States. Their investigations have been conducted for insurance adjusters, property managers, homeowner associations, developers, and building owners, to name a few
Graphics / Multimedia Services - JWA incorporates a variety of graphics tools to best meet their clients needs including inventive multimedia presentations, 2d and 3d stills, animations, physical models, and computer models to simplify complex concepts
Principals, Carl H. Josephson PE, SE and Dan R. Werdowatz PE, SE have over 39 years and 34 years of Structural Engineering experience respectively. They are active in numerous professional organizations and Mr. Josephson has served as the Structural Engineer member of the California Board for Professional Engineers, Land Surveyors, and Geologists. Mr. Josephson, Mr. Werdowatz and their team provide special studies, investigations, code review and analysis, and have conducted structural investigations on 1,000s of buildings throughout the United States for a diverse group of clients.
Josephson-Werdowatz & Associates, Inc. Office Locations:
San Diego Office 6370 Lusk Blvd., Suite F200 San Diego, CA 92121-2753 Telephone: 858-558-2181 Facsimile: 858-558-2188
Las Vegas Office 3753 Howard Hughes Parkway, Suite 200 Las Vegas, Nevada 89169-0952 Telephone: 702-733-6500 Facsimile: 702-733-6555
Scottsdale Office 14362 N. Frank Lloyd Wright Blvd., Ste 1000 Scottsdale, Arizona 85260-8847 Telephone: 480-945-5337 Facsimile: 480-945-5499
Sacramento Office 770 L Street, Suite 950 Sacramento, California 95814-3361 Telephone: 916-242-833 Facsimile: 916-242-8332
Keegan Linscott & Associates, PC is a full-service Accounting Firm with more than 27 years of experience providing the highest quality of service to clients through a multi-dimensional team of dedicated and trusted professionals.
Leaders in their industry of practice, the professionals at KLA are Certified Public Accountants, Certified Fraud Examiners, Forensic Accountants, and Certified Insolvency, and Restructuring Advisors. They are committed to providing their clients and community with exceptional service, specializing in such matters as complex commercial litigation, FAR audits, all taxation matters, bankruptcy, reorganization, insolvency issues, and fraud detection, investigation, and prevention.
Audit Services - Audits, Reviews, Compilations, Federal Acquisition Regulations
Business Services - Quickbooks, Small Business, Payroll, Part-Time CFO, Cash Flow, Bank Financing, Strategic Business planning, Business Valuation, Succession in Planning, New Business Planning, Non-Profits, Internal Controls
Christopher G. Linscott, CPA, CFE, CIRA, is a Director of Keegan Linscott & Associates and is the Director of Litigation, Forensic Accounting, and Bankruptcy Support Services. He also manages corporate financial audits and tax clients. Mr. Linscott was previously employed with the international CPA firms of Coopers & Lybrand (now PricewaterhouseCoopers), and Peat Marwick (now KPMG). He has more than 25 years of experience in public accounting.
Mr. Linscott specializes in the areas of Litigation Support, Bankruptcy Reorganization, Fraud Investigations and Prevention, and Business Consulting. He has served clients in industries including construction, health care, home builders and developers, law firms, manufacturing and distribution, non-profit, professional services, real estate, restaurant franchises, retail service, and wholesale.
Mr. Linscott is a Member of the Arizona Society of CPA's, American Institute of Certified Public Accountants, National Association of Certified Fraud Examiners, Association of Insolvency and Restructuring Advisors, and a Director of the Board of Directors at Bashas’.