James I. Ebert, PhD, is a Certified Photogrammetrist of the American Society for Photogrammetry and Remote Sensing (No. 534R), a Photogrammetrist of the Medicolegal Investigation Unit for New York State Police, and a Fellow of the American Academy of Forensic Sciences, Engineering Division. He serves as a forensic photogrammetric consultant for the US Army's Central Identification Laboratories and has more than 31 year's experience in Photointerpretation, Photogrammetry, and Mapping Techniques.
Introduction to Environmental Forensics, Second Edition, by Brian L. Murphy (Author, Editor), Robert D. Morrison (Author, Editor). helps readers unravel the complexities of environmental pollution cases. It outlines techniques for identifying the source of a contaminant release, when the release occurred, and the extent of human exposure. Written by leading experts in environmental investigations, the text provides detailed information on chemical "fingerprinting" techniques applicable to ground water, soils, sediments, and air, plus an in-depth look at petroleum hydrocarbons.
Archaeology is founded implicitly on the concept of the site, making a careful distinction between sealed sites—presumed to have complete temporal integrity—and the surface record, which is generally considered to be without chronological resolution. While most American archaeologists focus on reconstructing events and episodes at camps, pueblos, and villages, the authoer questions this distinction. Instead, he characterizes the archaeological record as an accumulation of many human events superimposed upon each other across time and distance.
Ferrantello Group, PC is a multi-faceted, full service Long Island Land Surveying Company with engineering consulting services available as needed for all types of projects. Ferrantello Group, P.C. has provided quality service and technical excellence at price points designed to meet budgets in any economy.
Awarded the Point of Beginning Top 100 Surveying Firms in United States, Ferrantello Group, PC has built solid relationships and an extensive community network throughout the years with many municipality and county governments throughout New York. Their service extends to land owners, lenders, title companies, real estate investment firms, commercial brokers, architects, engineers, contractors and developers. These relationships help provide our clients with the additional project resources that may be required for project submittal.
Land Surveying and Mapping
3D Scanning and Modeling
Construction and High Rise Layout
Flood Mapping and FEMA Certification
Site Planning / Subdivision Mapping
Litigation Support / Expert Witness
Frank S. Ferrantello, PLS, is a New York State Licensed Land Surveyor with over 20 years of experience in Surveying, Civil Engineering, and Land Use Planning. Both his field and office Work experience have dealt with a wide range of projects and sites including residential single, multifamily, high rise municipal, utility, private and public, commercial, and industrial. Prior to and post college,
Mr. Ferrantello worked for the firm of John P. Ferrantello PC from 1998 to 2010 and MJM engineering from 2008 to 2016. His duties consisted of performing office and field surveying, drafting, research, computations, boundary analysis, solutions, investigations and determinations.
Mr. Ferrantello also has extensive experience in Site Planning and Subdivision Consulting, examining title records, deeds and other recorded documents such as ingress and egress, pedestrian easements, right of ways, air and development rights, vista easements, bridle paths, beach, bathing and mooring rights, covenants and restrictions, real property, zoning, and other land use principles. www.experts.com
Property owners have rights and protecting those rights was a central part of the Founding Fathers' goals. Nevertheless, there are certain circumstances in which owners can have their property taken from them. The process through which private property is legally dispossessed by the government is known as condemnation. Property owners are entitled to fair compensation and have the opportunity to offer their own valuation information in condemnation proceedings. There are various factors to consider for accurate property valuation: size, zoning, structures, use, accessibility, adjacent properties, leases, etc. An essential part of due diligence is determining precisely what the property comprises.
Retention of a professional land surveyor prior to purchasing land, planning, developing or designing improvements is vital to protect the investment. In New York, only a survey made by a licensed land surveyor can define the size and location of property purchases, and most importantly, accurately convey what is really happening on the property, such as easements, situations with adverse possession, or indentifying structures in relation to existing certificates of occupancy.
Easements can benefit or burden a number of parties on or around certain tracts of land. Easements are common on most parcels of land. An easement can give one the right to use another person's land for a stated purpose. It can involve a general or specific portion of the property for various different uses. Many surveyors today do not thoroughly research properties and do not always show easements on their work that may be crucial to the rights associated with a parcel of land.
Now more than ever, it’s important for a land surveyor and lawyer to work as a team. The services of an experienced land surveyor can prevent future expenses or even the undertaking of defending a lawsuit.
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.
Medivence is a company providing Medical Demonstrative Evidence for the legal profession. Medivence produces visually memorable multimedia presentations which provide a compelling platform for attorneys and their experts to succinctly present their case.
Medivence Principal, Marc Glickstein, MD, FACR, has over 27 years of active clinical involvement in Neuroradiology, as well as General Radiology including MRI, Mammography, CT, and Ultrasound. He is a graduate of Yale University School of Medicine, and completed his diagnostic radiology training at the University of Pennsylvania. A background in photography, as well as having authored multiple scholarly journal articles, has also contributed to Dr. Glickstein's abilities and interest in this area.
Medivence Services and Benefits:
Web-based conferencing allows direct personal consultation of cases and work product without having to leave the office
Presentations are created by a board certified physician who provides additional expert opinion/input included as part of the case
Compelling presentations, designed to educate both the jury as well as opposing counsel, may lead to favorable verdicts and faster, more favorable settlements
Radiology is a critical component of most medical care. As a consequence of this, legal cases in which individuals are claiming injuries will frequently have imaging studies as a central aspect of the record. Demonstrative evidence can be used as an important instrument in helping to lay the proper foundation for creating a compelling and memorable argument in the presentation of a legal case
Q9 Consulting partners with its clients to develop and implement effective risk management procedures to successfully commercialize and sustain safe and effective products. Q9 Consulting, Inc. was founded in 2007 by Mike Wakshull. The name originates from ICH Q9, Quality Risk Management for the pharmaceutical industry. Mike managed Corporate Quality Risk Management for Amgen, the world's largest biotechnology company. Mike's experience with medical device product risk management has focused on implementation of ISO 14971. Mike was a technical editor and primary contributor to the 2nd edition of the risk management chapter 11 of the Guide to the Project Management Body of Knowledge (PMBoK Guide). This is an ANSI and ISO standard for project management. He has contributed to the risk management chapter of the 4th edition of the PMBoK Guide.
Services offered include:
Expert witness testimony
Project Management Consulting
Risk Management Consulting
Project Management Training
Risk Management Training
Forensic Document Examination
In 1999 Mike wrote the first 4-day Project Risk Management course for Learning Tree International. In 2002 he presented 2 4-day risk management classes for PMI Seminars World. Mike teaches project risk management for the University of California at Irvine's Extension University. He wrote and presented globally the internal Product Quality Risk Management training classes at Abbott Vascular. Q9 Consulting, Inc. serves Southern California counties of Riverside, San Diego, Orange, San Bernardino, and surrounding regions. Work is accepted from all other locations.
You have hired a forensic examiner to analyze evidence for your civil case. After a thorough examination of the evidence, the forensic examiner delivers a weak forensic opinion toward favoring your theory of the case. Will the examiner's weak opinion help you in trial?
Generally, document examiners state that a source signatures is needed to show that the signature on a document is cut from another document then pasted onto the document in question. In this case study, a technique is presented to demonstrate how a cut-and-paste was discovered without the source signature.
When she was a girl, the young woman had emigrated with her family to the United States from her home country in Africa. She grew up in the northeastern USA and was now attending college. As part of her application for United States citizenship she must present her birth certificate. Her father sent the birth certificate to her. The birth certificate had apparent alterations. Government officials refused to accept the birth as valid because her appearance did not match the age on the birth certificate. She was born in 1994 yet birth certificate appears to state her year of birth as 1984.
The divorce had been finalized 15 years earlier. The husband had moved on with his life. He was happily remarried and enjoying his retirement years. The ex-wife could not let go. She sued in the Superior Court of Los Angeles claiming the husband would not relinquish rights to real property and other interests that had been part of the divorce settlement.
The decedent signed a life insurance beneficiary form a few weeks after having brain surgery. The plaintiff claimed the signature was not executed by the decedent. The defense claimed that the decedent had signed the document and the differences are attributed to the effects of brain surgery.
As with any other profession, document examiners have a range of expertise and experience. As important as it is for your client to make a clear assessment of your abilities, it is up to you to determine in advance, with a high degree of accuracy, whether the document examiner you plan to hire will perform the most accurate assessments and be ready to back up those assessments with a scientifically repeatable methodology in court.
None of us wants to feel that our opinions are tainted by bias. The ability to recognize when bias is an influence in an expert's opinion and the skill of an expert to overcome his or her biases is integral to an expert's credibility.
The Most Dangerous Animal of All was co-written by the estranged son of California’s infamous Zodiac killer to reveal his father’s true identity. When the book hit the streets the skeptics were in full force. Just like those who mocked the boy who cried wolf, no one could blame them. Too many people had already claimed to either be the killer or to know who he really was.
Forensic document examination, performed correctly, is a reliable discipline that can demonstrate the innocence of your client or the guilt of your opponent. Used strategically, it can help you settle out of court. When court is necessary, your document examiner can present a case so clearly that the outcome is beyond doubt. To achieve this, your document examiner must be proficient in the latest techniques and adept at reporting results.
" Q9 Consulting, Inc. announces the release of a new book, The End of the Zodiac Mystery, How Forensic Science Helped Solve One of the Most the Most Infamous Serial Killer Cases of the Century by Michael Wakshull."
Quality Forensic Engineering, LLC is a full-service forensic engineering firm, providing engineering support to clients in the areas of accident reconstruction, premises liability, and product liability. With over 20 years of experience for each of our senior engineers, we utilize the latest technology for documenting evidence and retrieving data including FARO 3D scanning, aerial drone imaging, and black box downloads. Our forensic engineers are mobile, supporting clients throughout the U.S. We are headquartered in Tallahassee, Florida with remote locations in Jacksonville, Florida; Tampa, Florida and Tucson, Arizona.
Dr. Brian Pfeifer, P.E.,
Dr. Pfeifer is an Engineering Expert with over 25 years of experience investigating thousands of cases involving a variety of forensic engineering issues. He is a leading expert in accident reconstruction, roadside safety, maintenance of traffic, commercial vehicle accidents, pedestrian accidents, bicycle accidents, and the analysis of mechanical systems and product failures.
Dr. Pfeifer has a strong background in the design, development, and implementation of roadside safety hardware including guardrails, bridge rails, and crash cushions. Over 33 patents have been filed worldwide on behalf of Dr. Pfeifer and associated colleagues who invented safer guardrail systems, vehicle storage systems, shipping container handling systems, and material handling and storage methods. He has also utilized his technical knowledge and understanding of patents to assist in a number of matters involving patent litigation.
Dr. Pfeifer has published numerous papers to various organizations, covering topics such as new guardrail systems, energy absorbing guardrail terminals, breakaway sign mechanisms, and material handling technology. He has shared his expertise with many organizations on topics including vehicle collisions, bicycle accidents, roadway construction zones, and accident reconstruction expert witness utilization. Dr. Pfeifer is a registered Professional Engineer in three states and he continues to refine his skills and knowledge of accident reconstruction and roadside safety by staying current with new technology and best practices. He has extensive experience with providing deposition and trial testimony as an Engineering Expert.
• Automobile Collisions
Guardrails / Bridge Rails
Airbag Control Module (ACM) Analysis
Tractor Trailer Electronic Control Module (ECM) Analysis
Product Failure Analysis
Maintenance of Traffic (MOT) Evaluation
Restraint System Analysis
Patent Litigation Technical Analysis
Ms. Traci Campbell, P.E., CXLT,
Ms. Campbell has over 20 years of experience investigating, analyzing, and testifying in matters involving a variety of forensic engineering issues. She is a leading expert in the following: industrial accident reconstruction and human factors; slip, trip, stumble and fall analysis; application of standards, codes, and guidelines including OSHA, ANSI, ASTM, Life Safety, ADA and Building Codes; workplace safety related issues; forklift and material handling devices; construction machinery and workplaces; manufacturing equipment; and the analysis of workplace systems and product failures.
Ms. Campbell has a strong background working in manufacturing and industrial workplaces including the design, development, and implementation of solutions to ensure safe work environments. She has also been credited as part of a team holding a patent related to safeguarding power hand tools with rotating discs. Her special interests include amusement park and theme park accidents and safety related issues. Ms. Campbell is also a CXLT - Certified XL Tribometrist (slip index evaluation) and a certified counter balance forklift operator.
Ms. Campbell has served as a presenter with the American Society of Safety Professionals (ASSP) regarding slip, trip, stumble, and fall incidents. She has shared her engineering expertise with many organizations on topics including: slip, trip, stumble, and fall incidents; electronic data in the realm of accident reconstruction; safety engineering and the engineering hierarchy; photogrammetry and other accident reconstruction techniques; OSHA compliance; and Industrial Engineering. Ms. Campbell is a registered and licensed Professional Engineer in five states and she continues to refine her skills and knowledge of premises liability and safety engineering by staying current with new technology and best practices.
USAForensic is a boutique state-of-the-art forensics company with two labs in Phoenix Arizona and our booking office on the east coast. This helps with an earlier start each day and with overseas cases.
Specializing in forensic Audio, Video, Cell Phones, Computers Photography & ”Cell Tower tracking” debunking. USAForensic is court certified in Federal, US Military, US District, many State and county courts throughout the United States. International cases are not uncommon. Mr. Neumeister has worked in 23 countries over the past 40 years.
Clients range from the largest Law firms to private firms, large corporations, the Department of Defense, government agencies, advocacy groups, the DOJ to the innocence project.
Technology is flying past the court system. We’re here to work with attorneys to understand how to deal with digital or analog evidence, how to challenge it or how to get it admitted into evidence.
We prefer to work in the background assisting attorneys, even writing out Daubert 702 & 902 issues regarding other parties evidence submissions.
In a recent Federal Daubert hearing USAForensic worked with DOD JAG attorneys to get police cell tower tracking ruled inadmissible. The federal judge rule police cell tower tracking as “Garbage in, Garbage out”.
Not a verifiable science, not peer reviewed, no scientific white-paper to support its use.
Over 600 cases in the past 3 years. From the very highest profile to simple straightforward forensic cell phone extractions or video and audio clarification for court use.
To us Data is Data & takes no side, but it has to be verifiable data.
We've all seen the TV crime shows where the forensic technician opens the grainy surveillance, then zooms in on a tiny face, license plate or scrap of paper, hits the enhance button and, magically, the image becomes sharp and clear (accompanied by appropriate background music).