Jeffrey Phillip Weinstein, AIA, a California licensed Architect since 1982, with Masters Degree in Real Estate Development from USC, has been involved in the development, design and construction of office buildings, high-rise condominiums, multi-family residential podium-type projects, retail, neighborhood shopping centers and regional malls, hotels and resorts, hospitals, and schools (K-12 and University).
Expert in real estate development, government approvals, entitlements & permits, architect's standard of care, construction management, claims & defects, A/E/C agreements. Expertise includes building envelope & water intrusion, zoning & building codes, errors/omissions, destructive testing & repair, schools (DSA), hospitals (OSHPD), condominiums, commercial/retail/mixed-use projects, high-rise structures, hotels & resorts. Previous employers include Nadel and Callison Architects, Tishman Construction, Trammel Crow Company, Kaiser Permanente, and California State University.
Professional Licenses / Certifications / Affiliations:
California Registered Architect, License #12822
Member, American Institute of Architects, Urban Land Institute, Construction Specification Institute, and Society for Marketing Professional Services
Member, North Santa Barbara County Board of Architectural Review
Litigation Support: Jeffrey Weinstein has been retained as an expert witness as Owner's Representative, Construction Manager, Contract Administrator, Project Manager and Architect by Developers, Builders, Institutional Owners (Hospitals & Schools), Municipalities, and Corporate Clients. Mr. Weinstein provides professional Architectural and Construction Expert Witness opinion, testimony and services on matters, such as:
ln our current climate of economic prosperity and rising real estate values, the prevalence and usefulness of construction litigation may be on the wane. Much of the litigation and expert opinion in recent years has resulted in unrealistic repair schemes for the sole purpose of producing a settlement among parties to the litigation. When a plaintiff expert recommends a "remove and replace in its entirety"1 scenario (for example, arguing that all exterior stucco must be demolished and reinstalled due to a lack of expansion joints), the defense expert frequently advocates a more modest "fix what's broken" scheme to provide a minimum repair at the lowest cost. This process consumes considerable time and resources, and creates a difficult environment in which to craft a settlement. More often than not, neither party is pleased with the outcome; unreasonable plaintiff positions often result in settlement amounts ranging between 15 to 25 percent of the claim amount.
Hamid K. Toossi, BSCE, MBA, EIT, M ASCE, TAI's founder and CEO, has over 35 years of academic and hands-on experience in the design, build, and management of heavy Civil and Commercial Construction projects.
Mr. Toossi's experience includes Critical Path Method (CPM) Scheduling, Engineering, Construction Management, Contract Administration, Cost Estimating, Value Engineering, Claims Analysis, and Expert Services for Construction Claims and Contract Disputes, in the United States as well as overseas.
Mr. Toossi has participated in numerous Continuing Professional Education courses, both as an instructor, and as an auditor, in Contract Law, Construction Law, Business Law, Leadership, Management, Engineering, Construction Management, and Construction Claims. He is a member of the American Society of Civil Engineers (ASCE), the National Society of Professional Engineers (NSPE), and the founding member of the American Society of MBA Executives.
Litigation Support: Hamid K. Toossi offers expert witness services to law firms representing both plaintiff and defendant. His services include written reports, depositions, arbitration, mediation, and trial testimony as needed. He has been involved in numerous Construction Claim cases including:
Testimony before the American Arbitration Association in connection with a GC bond claim against a surety insurance company and counter claim by insurance company for fraudulent inducement and wrongful termination etc.
Testimony before the circuit court, in Fairfax, VA, in areas of concrete construction materials and methods in connection with a water reclamation facility construction project in Ashburn, VA.
Prepared testimony as part of litigation before the United States Court of Federal Claims in areas of Critical Path Method (CPM) Scheduling, delay, disruption and loss of productivity, in connection with design and construction of two submarine decompression chambers for US Naval Facilities Engineering Command
The Falcon Group consists of Forensic Architects and Engineers who consult on construction claims. We provide claims consulting for: Construction Defects, Architectural Standard of Care, Delay, Errors and Omissions (E&O), Building Codes, Specifications and costs. The Falcon group has Professional Engineers, Registered Architects, Roofing Experts, Stucco Experts, EIFS Experts, and Building Envelope Experts. We perform dispute resolution and prepare expert reports for a wide range of construction issues. Litigation sometimes becomes necessary to resolve construction, engineering, architectural or materials-related disputes. For virtually any type of property or project, we provide a variety of analytic and related services to assist clients in obtaining successful litigation outcomes, related to:
Expert Witness/Professional Testimony
Material Defect Claims
Construction Defect Reports and Claims
Construction Litigation Support and Documentation
Commercial Property Managers
Private Property Owners
Professional Services Provided Include:
Design Plans and Specifications
Administration and Inspection
Specialty Services for Community Associations
Construction and Material Testing
Property Condition Assessment (PCA) Reports
Litigation Support - Litigation sometimes becomes necessary to resolve construction, engineering, architectural or materials-related disputes. For virtually any type of property or project, we provide a variety of analytic and related services to assist clients in obtaining successful litigation outcomes, related to:
As discussed in my first window article titled "The View Of Your Windows Is Not Always The Same", there is great variation in the suitability of a window for a particular application. In all cases, there is a very specific need for proper detailing and attention to detail with respect to integration of the window with the building envelope and proper detailing during installation. This sequel to my first window article focuses on quality control measures for installation once your window has been selected and specified.
In March 2013 a catastrophic sinkhole collapse swallowed a central Florida bedroom killing the occupant without notice. The home was a total loss and the event made national news making many property managers keenly aware of the costs and dangers of sinkholes. Residents of the Northeast are not immune from these occurrences. Understanding possible causes and remedies should help with decision making at all levels of property management and ownership.
Community associations, building owners, engineers, contractors and property managers deal with the constant battle of keeping water out of the building envelope, but sometimes the water that causes stains, mold and decay actually originates from within the building envelope. The cold temperatures of the winter months combined with specific interior conditions will result in excessive condensation. The condensation may be in the attic, basement and crawl spaces or inside wall cavities. Deficiencies in the original construction or recent reconstruction of exterior wall cavities, basements, crawl spaces and/or roofs /attics can exacerbate the conditions resulting in excessive condensation conditions and potential for damage and mold development. Sometimes, the conditions may be seen but many times the condition and subsequent damages may be hidden from view and worsen with each passing winter season, escalating repair costs.
"Where were YOU when the lights went out?" was a famous slogan from the 1965 Northeast Blackout, but a better slogan in light of the more recent Superstorm Sandy Blackout of 2012 might be "How did YOUR building perform when the lights went out?"
We have been responding to homeowner's complaints of sagging ceilings in the living space of townhomes which were built in the 1980's. Beginning in 2010 and continuing through today, Falcon Engineering has observed the condition of ceilings in over 30 homes in a Lincoln Park, NJ townhome community of close to 400 homes. Our findings are that upwards of 80% of the homes investigated have deflection which exceeds design criteria and are in need of repair. Repairs are relatively simple, but costly to the Homeowners Association having responsibility for the structural components of these buildings. Because of the need for financial planning, Associations want to understand the factors which influence the failures of these aging structures. For the purposes of this discussion, we are talking about failures which occur due to mysterious origin, rather than catastrophic failures of excessive wind or snow loads, or abuse from excessive loads that the trusses were not designed to accommodate (such as water beds or heavy stone finishing materials).
It's that time of year again. That snow that is pretty for some is scary for others. You have experienced, read or heard about ice damming. You are familiar with the damage the phenomena can cause. Perhaps your Association has even spent several hundred thousand or even over a million dollars on roofing improvements and/or replacements within the last few years. Why do we have leaks from ice damming? Was the roof replacement performed correctly or designed correctly? The answer is simple, with a properly designed and installed roof system, the possibility of damage resulting from ice damming should be significantly reduced.
Manufactured stone is a very popular product for both the interior and exterior of homes and buildings. There are many manufacturers of this type of cladding system, Cultured Stone® and Coronado Stone® among the most recognized names. A man-made stone manufactured primarily for decorative purposes, these systems are typically comprised of cement, natural aggregates and iron pigments. In order to give manufactured stone a realistic appearance and shape it is often created by using molds of actual real natural stones. Like many building materials, the use of manufactured stone has both advantages and disadvantages, and installation is vital to its long term success.
A condominium development located in northern New Jersey was experiencing water infiltration and severe cracking in the concrete foundation walls and floors in the garages. In support of the Association's overall litigation approach, Falcon performed concrete crack mapping, concrete petrographic analysis, and overall concrete evaluation.
A New York City building underwent litigation pertaining to the construction of an addition to the existing structure and resultant structural support system depriving tenants of proper light and air through their existing windows. Falcon performed a light and air study on the effect of both the addition and the structural support system on lighting and air flow in defense of the claim.
A condominium building located in northern New Jersey was experiencing water infiltration into various locations around roofs, curtain wall systems, and balcony access points. The Condominium Association engaged Falcon to investigate these issues in support of their dispute resolution with the Developer
Exterior Insulation and Finish Systems (EIFS) include a group of exterior cladding systems that was introduced from Europe to the United States approximately 30 years ago. EIFS was first used in Europe after World War II to reclad many bombed and damaged buildings
Dale Wheeler is licensed in Fire Protection and Safety Engineering, and is certified in Basic Code Enforcement / Building Inspection by the Building Officials and Code Administrators (BOCA). He is published on fire safety in Atrium Buildings and in Exhibition Halls. Mr. Wheeler's Areas of Expertise include:
Fire Protection System Design, installation and operation: - Fire detection - Smoke detection - Fire alarm - Central Station - Sprinkler systems - Fire suppression systems - Smoke control
Fire and Smoke Barriers
Building Code, Life Safety Code, and Fire Code Compliance
Fire Hazard, Building Materials, Fire Resistance Ratings
Fire Cause and Origin
Means of egress, egress signage, emergency lighting
David J. Brotman, FAIA, is an accomplished Senior Executive with proven career and solid experience in all aspects of Architectural and Engineering Firm Management, including project management, profit and loss, business development, mergers and acquisitions, sales and marketing, and strategic planning. He is a Fellow of the American Institute of Architects, with over fifty years of practical experience. Principal at Sunset Consultants, Mr. Brotman provides strategic planning and management consulting services for various entities, including those that need help with planning or architectural projects. He has served as Chairman of the City of Malibu Planning Commission where he advised on land use matters including the local coastal program, specific plans, zoning, conditional use permits, and subdivisions. Mr. Brotman spent 25 years with RTKL Associates Inc., one of the World’s largest Architect and Engineering Firms where he eventually served as its Vice-Chairman.
Presentation by: David J. Brotman, FAIALitigation Support - David Brotman provides expert witness services to attorneys representing Plaintiff and Defense. His skills include all facets of Architectural practice. His worldwide, multi-million dollar project experience includes retail, office, hotel, institutional, and mixed-use. Mr. Brotman's services include affirmative and rebuttal report preparation, mediation, and trial testimony. Areas of Expertise:
Mark C. Vanderslice has been actively involved in almost all aspects of the Roofing and Waterproofing industries since 1978. Mr. Vanderslice is an active member of RCI, Inc., formerly The Roof Consultants Institute, an international association of building envelope consultants who specialize in design, investigation, repair and management of roofing, exterior walls and waterproofing systems. In 1984 Mr. Vanderslice was the 16th to receive certification of 426 nationally recognized Registered Roof Consultants in the United States from a professional membership of approximately 2,800.
Mr. Vanderslice's expertise includes performing architectural design reviews for roofing, waterproofing and building envelope exteriors for the purpose of verifying constructibility, conformance to material manufacturer's requirements, industry standards and Building Code requirements. He also performs complex leak investigations in order to determine the Cause and Origin of Leaks as well as developes comprehensive and effective scopes of long-term repairs. His services are available for cases involving water intrusion from various sources including roofing, waterproofing, sheet metal flashings, wall systems inclusive of stucco, stone cladding, masonry, cavity walls, DEFS, EIFS, Rain Screen and metal panels as well as waterproofing systems and virtually all types of water intrusion and related construction defects.
Mr. Vanderslice has been designated as an Expert Witness in more than 550 cases and has been retained by Plaintiff, Defense, and as a Neutral Third Party. Mr. Vanderslice has provided expert witness testimony in over a dozen trials and been deposed well over 150 times.
Mark E. Rieser, II, MS, PE, AIA, GBC, GEC has over 30 years of experience in the Engineering, Architectural, Construction, and Building Design industry. He provides his clients with a comprehensive knowledge of Engineering, Construction Technology and Construction Standards of Professional Practice.
Background Experience - President of an “active” Design and Building company with a professional staff and Headquarter offices in San Jose and Los Angeles, and offices in Sacramento and San Francisco. Mr. Rieser has managed, designed, and constructed over 4,000 units to include high-rise, single family homes, condominiums, townhomes, podiums, apartments, and commercial buildings, His experience includes building and roadway design, construction, management, with designs of over 500 miles of asphalt and roadway improvements, tunnels, San Francisco Airport, Santa Clara Light Rail, Southern Pacific Railroad, Caltrans, and BART.
Mr. Rieser has an insightful understanding of Civil / Structural Engineering, Soil Engineering, Transportation, Traffic Engineering, Hydraulic Engineering, Safety Expert, OSHA Standards, Architectural Design, Asphalt Design, Cost Estimation, Public Works Design Bidding and Estimation, General Engineering, General Building, and an Accident Reconstruction expert.
“Our bids are not just a tool but are numbers that we be use to finish the work, accurately, on-time, and safely.”
Forensic Construction and Engineering - Mark Rieser is a renowned forensic expert with the knowledge to safeguard clients from unwanted litigation as well as support both plaintiffs and defendants. He works closely with insurance companies and attorneys on various public, city, and state cases throughout the western United States. To date, he has been designated as an expert in over 550 Forensic Construction and Engineering cases throughout the United States.
Mr. Rieser has been designated and testified Court as an expert in the following categorizes:
General Building Contractor
General Engineering Contractor
San Jose Office 2033 Gateway Pl Suite 500 San Jose, CA 95110
San Francisco Office 425 Market St Suite 2200 San Francisco, CA 94105
Los Angeles Office 10100 Santa Monica Blvd. Suite 300 Los Angeles, CA 90067
Sacramento Office 777 Campus Commons Rd Suite 200 Sacramento, CA 95825
Casey K. Hemmatyar, SE, is a Forensic Structural Engineer with over 30 years of diversified experience in the field of Structural, civil, and forensic engineering in design, investigation, evaluation, research, building code and standards development and construction supervision. His experience includes new buildings, special structures, as well as modifications, alterations, seismic / wind retrofits, and upgrades. Mr. Hemmatyar has provided failure analysis, expert consultation, structural forensic investigation, damage assessment services for many litigation and insurance related matters. He has been principal structural engineer on projects for clients such as NASA and several other high profile agencies.
Litigation Support - Mr. Hemmatyar has provided extensive services for defendants and plaintiff attorneys on construction litigation matters in single and Class-Action both on State and Federal lawsuits. His understanding of core legal concepts and engineering principles has enabled him to assist his attorney clients in the most efficient manner. His services include on-site inspection, written reports, depositions, and trial testimony as needed.
Steven Pietropaolo, PE, CFEI, CFII, President & CEO, is a Licensed Professional Engineer in the State of New York, amongst others. He is a Certified Fire and Explosion Investigator and a Certified Fire Investigator Instructor.
Mr. Pietropaolo has over 25 years of hands on engineering experience including electrical, mechanical, materials, safety, fire protection, and construction. He has knowledge of codes and standards used in construction and industry including building codes, safety codes, and industrial codes. He also has extensive experience in Utility Company procedures / equipment and investigating major incidents involving electrical, gas, steam system failures, and construction accidents.
Litigation Support - Mr. Pietropaolo has testified as an expert witness many times in cases in New York, New Jersey, Connecticut, and Federal Courts. He has been retained on numerous large multimillion-dollar property damage cases as well as fatal accidents and fires / explosions including those that resulted in injury.
Daniel D. Bawden, GMB, CAPS, CGR, CGP, JD, has over 35 years of experience in the Construction Industry. He is a Graduate Master Builder, Certified Graduate Remodeler, Certified Aging in Place Specialist, and a Certified Green Building Professional.
Mr. Bawden serves as an accredited Instructor for the National Association of Home Builders, certifying other builders in his own specialties. He earned both his Bachelor’s degree and Law degree from Baylor University. He is currently serving as Vice Chair of the NAHB Remodelers Council, on track to be the national spokesman for the remodeling industry in 2017.
Litigation Support - Mr. Bawden has an outstanding reputation for winning cases. His combination of legal and hands-on construction experience, along with his numerous certifications, make him a highly credible witness in all facets of residential construction.
Mr. Bawden helped write the "Residential Construction Performance Guidelines," which is the primary criteria for construction standards. With trial experience on behalf of both homeowners and builders, Mr. Bawden is a likeable persona, an excellent and clear communicator, effective before arbitrators, judges, and juries alike.
What is the first thing I should do if my home got flooded? Call your flood insurance company and file a claim, preferably before August 31st, when the flood settlement rates go down. How can I find out if I have flood insurance, and who to call?
Michael Fagan, QEC, is a nationally recognized Elevator Consultant with over 50 years of industry experience in elevator Design, Construction, Modernization, Maintenance, and Repair.
As a Managing Partner at JSG Elevator, Mr. Fagan interfaces with Federal, State, and Local governmental agencies and universities, owner representatives, architects, managing agents, and elevator code authorities in the locations of operations, new product availability, and reliability research.
Mr. Fagan's background includes working with NASA, the United States Navy, the United States Air Force, and the Veterans Administration on special projects, specifications for maintenance, repairs, and modernization. He has served as a National Elevator Industry Educational Program Instructor and is the author of numerous articles on elevator maintenance, modernization and repair for Building Operating and Management magazine.
Litigation Support - Michael Fagan has been a court approved Expert Witness for over 20 years. He has provided knowledgeable research and effective analysis in over 400 litigation cases and has been deposed over 200 times. Mr. Fagan provides litigation support, including mediation, investigation, and technical services to attorneys for both Plaintiff and Defendant, carriers, and manufacturers, in the areas of:
The demise of the hydraulic elevator was forecast with the introduction of the MRL traction elevator about 20 years ago; In spite of this new design conveyance, the hydraulic elevator is again beginning to thrive in the US market. The threat of replacement by the MRL traction elevator is now waning. Hydraulic elevators are still viewed by many within the industry as the best selection for many buildings, in most applications for travel of 50 feet and less, the hydraulic elevator will perform as well as a traction elevator. However, speed and travel is a limiting factor.
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. They have testified in cases throughout the Western United States including Texas and Hawaii.
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.
Litigation Support - JW&A have been retained as structural engineering experts by plaintiff, defense, and cross-defendant clients on over 1,500 cases, and have testified at deposition, trial and arbitration on over 400 matters across Southern California, Northern California, Arizona, Nevada, Colorado, Utah, Texas, Oregon, and Hawaii. Designated as experts for homeowner associations, developers, and subcontractor cross-defendants, they strive to provide balanced, well-reasoned and practical solutions to construction litigation problems. They have also been retained as court-appointed neutral experts on several cases.
SE Licenses: HI, IL SE/PE Licenses: CA, AZ, ID, LA, NV, OR, UT, WA PE Licenses: CO, CT, FL, IN, KS, MI, MO, NM, NY, ND, OH, TX, WV
Areas of Expertise:
Professional Liability Claims
Seismic / Wind Design
Standard of Care Analysis
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
John Gillies is a Chartered Building Surveyor and the Senior Director of Johnson Gillies. Mr. Gillies is frequently involved in dilapidation assessments for Landlords and Tenants. In addition, he is often called upon to produce opinions and evidence in matters of dispute. Mr. Gillies provides Expert Witness reports for legal issues and appears in Court as an expert on construction and related matters.
The firm's Building Consultancy and Expert Services Include:
Surveys: Building, Homebuyer, Vendor, and Measured Surveys. Planned Maintenance, Defects Analysis, and Due Diligence Investigations.
Audits: Fire, Health and Safety, Environmental, Access, and Commercial EPC.
Development Consultancy: Development Monitoring, Party Walls, Planning, Rights of Light.
Construction Consultancy: Contract Administration, Design, Employers Agent, Feasibility Study, Fit Outs, New Build, CDM Co-ordination, Project Management, Refurbishment, Repair & Maintenance.
Landlord & Tenant: Dilapidations, Services and Charges, Licences and Alterations, Photographic Schedules, Schedules of Condition.
Dispute Resolution: Expert Witness, Adjudication, and Arbitration of:
Building Contract Disputes
Cost and Quality of Building Works Disputes
Legal Evidence at Court
Insurance: Building Reinstatement Valuations and Insurance Loss Assessing.
Philip J. Isaak, PE, P.Eng., DCDC, RCDD, SMIEEE, is an expert witness, consultant & trainer in the design, construction, procurement, implementation, commissioning & operations of information technology, telecommunications & critical data center facilities. Mr. Isaak provides clear analysis for complex disputes, incorporating industry standards, best-practices and over 20 years of consulting & training expertise working with clients located in 28 countries and territories across 6 continents.
In recognition of Mr. Isaak’s professional standing, the Institute of Electrical & Electronic Engineers (IEEE), the world’s largest professional association for advancement of technology, certified him to the grade of Senior Member, a level only 9% of IEEE’s over 400,000 global members hold. Mr. Isaak is also an author of several industry standards published by TIA & ANSI/BICSI, whitepapers published by The Green Grid, and the Data Center Handbook published by John Wiley & Sons.
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.
Andrew Allocco, PE, 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
Litigation Support - Since the early 1970s, Andrew Allocco has been an Expert Witness in many court and arbitration cases involving disputes between owners, builders, contractors, and architects. He has extensive knowledge of the court litigation process and has assisted law firms in providing facts and questions to be used during depositions and discovery motions. Mr. Allocco's services include inspection reports on the status of the property, depositions, trial testimony, arbitration, and mediation hearings.
Areas of Expertise:
Structural Condition of Buildings / Drone Inspections
Smart Buildings / Energy Use / Conservation
Insurance Litigation and Structural Consulting - Mr. Allocco is also called upon by insurance companies and attorneys representing property owners to help adjusters evaluate loss. He has been retained to investige the cause of a structural failures, determination the extent of the structural damage, develop subrogation information, prepare the scope of repair, develop a repair design, draft specifications, and more. Mr. Allocco aslo has experience with code upgrades and notice of dangerous conditions, including hurricanes such as Hurricane Andrew.