Mike Panish is an expert witness & consultant for most construction trades, specializing in automatic door systems and door sensors, door, door hardware, cabinetry, and architectural millwork. Extensive experience working for plaintiff & defense (Federal & State). Highly credible & solid testimony. Licensed in CA as a General Building Contractor, Electrical Contractor, Door, Lock & Security Equipment Contractor, Cabinet & Millwork Contractor, and Painting & Finish Specialties Contractor. Over 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.
Mike Panish is the most retained and the leading expert witness for Automatic Door injuries / Wrongful Death and Door Defects and Injuries. Security issues relating to daycare & healthcare centers. Construction defects, product liability, poor workmanship relating to contractor vs homeowner disputes and contractor fraud.
Areas of Expertise:
Automatic Door Personal Injury, Wrongful Death Cases
Door and Door Hardware Personal Injury, Wrongful Death, Defects Cases
Gates (all types including sliding, parking arm gates)
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.
Clinton J. Ford, MS, ACA, CGC, CIAQM, CIE, CMR, CRMI, has over 30 years of Construction experience and has obtained both field experience and education in the following four distinct but often related disciplines of Construction, Environmental, Real Estate, and Insurance.
Mr. Ford served 25 years as a State Certified General Contractor working on projects ranging from $5,000 to $50,000,000 and has spent over 20 years providing construction consulting and expert witness services.
Mr. Ford holds many titles with decades of experience in the construction/environmental industries and was a former continuing Educations Sponsor for the Florida Construction Industry Licensing Board.
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.
Litigation Support - Mr. Ford offers attorneys consulting and litigation support assistance in Building Construction and Environmental Claims that have resulted in property damage, personal injury, and/or wrongful death. He offers pre-litigation counseling, damage and loss estimating, forensic building construction investigation and analysis, pre-trial and trail consulting services and trial testimony. He individually tailors preparation for each case in order to provide the greatest benefit and impact in either a defensive of offensive posture.
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.
Thomas H. Burtness, PE, is an Electrical Engineer specializing in both Electrical and Building Construction - equipment selection, specification, and installation (actually “working with the tools”), as well as cost control techniques.
Background - Mr. Burtness has 40+ years of experience in the design, specification, construction contract administration, installation, startup, and troubleshooting of electrical power, on-site generation, distribution, control, and instrumentation systems and equipment for residential, commercial, industrial, and municipal occupancies. His experience also includes water, wastewater, and stormwater treatment plants, and military facilities.
Additional expertise includes Illumination Engineering for street, roadway, and area lighting including photometric footcandle requirements, calculations, field verification, equipment specifications, installation, and analysis of failure, glare, overlighting and underlighting.
Litigation Support - Since, 1981, Mr. Burtness has been providing forensic electrical engineering services to insurance companies and attorneys including accident and failure investigations, determination of cause and origin, litigation support, expert opinions, reports, and testimony. His services are available nationwide, with PE registration by comity available in most states.
Since 2010, Craig Moskowitz, MBA, MS, PE, the President and Managing Member of CLM Engineering Associates, LLC (CLM), has been concentrating the comapny's focus on forensic engineering/expert witness work for the insurance industry and legal community. In addition, they offer construction management, civil engineering and building inspection services.
CLM has extensive construction management experience on both commercial and residential projects. Projects have included:
Safety inspections on both civilian and military projects through application of OSHA regulations. Designed drainage systems for the government while an officer with the United States military. Cost estimating for various projects exceeding $500 million<li>
Designed document creation and management of high-rise construction in Manhattan
Management of telecommunications projects for Verizon in Manhattan including CPM schedule creation and updating
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.
Litigation Support - Forensic work related to evaluation of structural steel systems with commercial building construction and insurance-related claims due to storm damage on commercial and residential structures. Craig Moskowitz has been deposed several times in litigation matters. Mr. Moskowitz has testified 17 times in the past four years.
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 worked in construction and contracting dispute resolution throughout the Southeast for over 17 years. He has been involved in the successful discharge of 150+ million dollars as an expert witness in property claim lawsuits and disputes. He is retained by both the plaintiff and defense for a fair appraisal of the issues at hand.
Mr. Minor works with attorneys to generate a plan based on damages to property and in compliance with the provisions and spirit of the insurance policies in effect at the time of the loss. For personal injury cases, he works to establish the code requirements in place at times of the injury to find how they relate to the cause of action.
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.
Our analysis and research combined with unique presentation techniques have resulted in an unequaled track record in successful court cases and client recoveries. Our personnel are full time and fully focused on the services we provide. We thoughtfully incorporate technology into our work to provide great results at a more reasonable cost. Our 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.
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
Expert Consultant/Witness in over 70-cases; Licensed Engineer with 30 years of experience in Civil/Structural Engineering & Construction Forensics Consulting, Construction Project Management and teaching/research. Has been retained by insurance companies, law firms, construction, energy, mining, technology & manufacturing industries, governmental and educational institutions, engineering and architectural firms, and individuals. Consultant in both plaintiff/defendant cases; testimony & trial experience.
George Hedley, owner of Hedley Construction & Development Inc., commercial General Contractor and Owners Representative on over 750 projects totaling $700 million ranging from $100,000 to $10 million each and real estate developer of 30 projects totaling over $200 million. His experience includes office, retail, manufacturing, industrial, warehouse and residential construction and real estate development throughout Southern California. He provides personal professional hands-on construction and real estate development expert witness consulting services.
Construction expertise includes: construction industry standard practices, cost estimating, budgets, defects, scheduling, general contract & subcontract issues, delays, project management, field supervision, change orders, disputes, claims, field operations, licenses & site inspections.
Real estate development expertise includes: developer standard practices, processes, responsibilities, manager & partner issues, project approvals & permits, architect & engineer coordination, documentation and lender requirements.
His experience as the general contractor on over 15,000,000 square feet of commercial projects, real estate project developer on 2,200,000 square feet, past president of 3 construction associations, and well-known national construction industry speaker, allows him to provide detailed expert analysis, convincing presentations and positive results on construction and development issues. He is a well-recognized construction business expert and published author of books on construction business, cost estimating, field & project management, and construction contracts.
Cost Estimating, Cost of Replacement, Bidding, Markup, Costs, Overhead, Profit
Defect Analysis, Repair Costs, Site Inspections
Claims, Disputes, Conflicts, Payment Issues
Construction Industry Standard Practices, Responibilities, Requirements, Licenses
You can get your construction business to move to the next level, get organized and systemized, build an accountable responsible team, charge the right mark-up, always make a profit, and work exactly the way you want by drafting your BIZ-Builder Blueprint Action Plan.
This book tried-and-true methods to help fledgling business owners as well as seasoned ones who are just looking to increase capital and productivity. it offers a step-by-step process to help small business owners get what they want: profits, wealth, and freedom.
Construction Engineering Expert Witness Brian Silowash
Brian Silowash, PE, CEM is the Owner and Founder of Innovative Design Engineering of America, LLC, a multi-discipline design and consulting engineering firm serving Manufacturing and Heavy Industry. A Certified Energy Manager, he has over 35 years of practical experience in Engineering Design and Construction.
Disciplines: Structural - Mechanical - Piping - HVAC - Electrical - Process Control
Background Experience: Mr. Silowash's experience has included plant layout, machine design, infrastructure for large steel mills, air pollution control (baghouses, scrubbers), waste-water treatment, recovery boiler rebuilds, Greenfield and Brownfield Sites, and energy conservation strategies. Industries served include Food and Beverage, Pulp and Paper, Chemicals, Metals, Glass, Manufacturing, and Industrial Insurance Claims.
Mr. Silowash lectures at Point Park University’s MS in Engineering Management program, and has taught an Environmental Engineering course at Point Park as an Adjunct Professor. He is the author of Piping Systems Manual, published by McGraw-Hill in 2010, a practical guide offering comprehensive information on piping design, installation, repair, codes, and specifications.
Litigation Support: Mr. Silowash offers legal services to attorneys representing plaintiff and defendant. His services include site review, thorough reporting, depositions, and trial testimony as needed. He is registered as a Professional Engineer in Pennsylvania, Georgia, Alabama, Florida, California, New York, and Ohio.
Filled with examples drawn from years of design and field experience, this practical guide offers comprehensive information on piping installation, repair, and rehabilitation. This book explains the reasons behind the designs. You will get full coverage of materials, components, calculations, specifications, safety, and much more. Hundreds of detailed illustrations make it easy to understand the best practices presented in the book.
Data Center Infrastructure Expert Witness Philip Isaak
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.
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
Keegan Linscott & Associates, PC is a full-service accounting firm with more than 27 years of experience providing expert services as Certified Public Accountants, Certified Fraud Examiners, Forensic Accountants, and Certified Insolvency and Restructuring Advisors.
KLA's litigation support team assists clients and their attorneys to prepare for the financial and economic facets of settlement or trial proceedings. They perform in-depth analyses and provide clear and detailed explanations of findings. They assist attorneys as consultants or in the court in a wide range of cases and investigations. Their role can involve fact-finding, discovery, settlement negotiations, trial support, and expert witness testimony.
The professionals at KLA have testified as experts in Federal, District, Bankruptcy, State, and Tax Courts, as well as before arbitration panels. They have the proven ability to develop and communicate compelling analyses of accounting, economic and financial information to judges and juries in plain, simple language through affidavits, written reports, oral testimony, and trial graphics.
Litigation Support Services:
Analyze damages involving commercial litigation and damages involving individuals, including lost profit analysis, owner disputes, employee/employer disputes, personal injury, and business interruption claims
Evaluate the opposing party's financial damages report to uncover any hidden facts or missing information in a business damages case
Divorce litigation, including analysis of sole and separate property issues
Locate hidden assets
Analyze preference claims, inter-company transfers of assets, and fraudulent conveyances
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.
Mr. Linscott was previously employed with the international CPA firms of Coopers & Lybrand (now PricewaterhouseCoopers), and Peat Marwick (now KPMG). He has more than 30 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’.
Stephen George has over 40 years of Landscape Design and Construction Defect experience. Mr. George has owned and operated Landscapes West since 1980, and is still providing design / build and maintenance services to his clients. His projects have included commercial, apartments, condominiums, and residential landscapes. Mr. George is a member of the California Landscape Contractors Association (CLCA), the Forensic Expert Witness Association (FEWA), the Irrigation Association (IA), the International Society of Arboriculture (ISA), the National Concrete Masonry Association (NCMA), the Interlocking Concrete Paver Institute (ICPI), and the Better Business Bureau (BBB) with an A+ rating. Litigation Support - Stephen George is an Industry Expert for C-27 Landscape Construction. He provides litigation and consulting services to attorneys representing both Plaintiff and Defendant. His expertise has been called upon throughout the state of California. Mr. George's services include inspection and cost of repair and replacement, review of project drawings, photography / forensic imaging and construction documentation, aboriculture analysis, and landscape construction defects and failures. Areas of Expertise:
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 and Chief Executive Officer 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.
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.
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.