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Construction Damages Expert Witnesses: 29

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Florida Office:
Andrew Avalon, PE, PSP
Chairman & CEO
8633 Willow Kane Court
Orlando, FL 32835
aavalon@long-intl.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. We focus on projects in the following industries: building and construction; gas, gasification, GTL, LNG, and NGL; industrial and manufacturing; mineral and mineral processing; offshore oil and gas; oil sands; pipelines and utilities; power; refineries, petrochemical, and chemical; transportation; and water, wastewater, dams, and marine. 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 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.

Scott M. Francis, P.E., PSP is a Vice President of Long International and has over 20 years of experience in project management, contract disputes analysis and resolution, CPM schedule preparation, execution, and analysis, productivity analysis, contract administration, design engineering, construction management, and government contracting. He provides schedule development and assurance services, cost estimating, and claims analysis services on projects for both owners and contractors. Specific responsibilities include CPM development and reviews, CPM schedule delay and acceleration analyses, change order impact analysis, issue identification, correlation of impacts to schedule activities, and productivity evaluations.

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12/4/2023 · Construction

Schedule Optimization During Front-End Planning

By: Long International

This paper summarizes the development and review steps of project plans and schedules during the front-end planning phases, including the critical phase of Front-End Engineering Design (FEED). The project milestones, resources, and completion dates established during FEED set the baseline control plan during project execution.

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7/22/2023 · Construction

Design Phase Risk Mitigation Tools And Methods

By: Long International

The design phases of chemical processing plant and other industrial projects contain many potential risks. This is especially true when the project is for the first-of-a-kind deployment of new technology or when the performing organization has not previously successfully completed a similar project.

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10/14/2022 · Construction

The "No Damages For Delay" Clause

By: Long International

Construction projects involve risks. A well-structured construction contract allocates certain risks to the party that is best able to control those risks. Delay is a common risk that construction contracts allocate. A delay may increase costs for owners, contractors, and subcontractors to complete a project.

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7/5/2022 · Construction

Assessment Of Problems Associated With Poor Project Management Performance

By: Long International

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.

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4/28/2022 · Construction

Schedule And Delay Analysis Methodologies

By: Long International

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

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11/4/2021 · Construction

Preserving Your Construction Claim Through Documentation

By: Long International

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

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7/5/2021 · Construction

Implementing Time Impact Analysis On Large, Complex EPC Projects

By: Long International

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

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5/17/2021 · Construction

Analysis Of Concurrent Delay On Construction Claims

By: Long International

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.

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11/25/2020 · Construction

Construction Contract Notice Letters

By: Long International

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...

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10/21/2020 · Construction

COVID-19 Claim Management on Construction Projects

By: Long International

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.

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12/28/2019 · Construction

As-Built But-For Schedule Delay Analysis

By: Long International

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.

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3/12/2018 · Construction

Proving the Cause-Effect Linkage

By: Long International

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.

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1/15/2018 · Construction

Project Team Motivators and Demotivators

By: Long International

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.

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11/13/2017 · Construction

Acceleration Claims on Engineering and Construction Projects

By: Long International

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.

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10/4/2017 · Construction

A Reasonable Method to Estimate Loss of Labor Productivity Due to Overtime

By: Long International

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.

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8/2/2017 · Construction

The Collapsed As-Built Windows Schedule Analysis Method

By: Long International

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.

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9/27/2013 · Construction

Discrete Damages/Cost Variance Analysis Method for Quantifying Damages in Construction Claims

By: Long International

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.

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9/4/2013 · Construction

Developing Subcontract Pricing As Applied to Building Construction

By: Long International

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.

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8/13/2013 · Construction

Construction Claims For Variation in Quantity

By: Long International

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.

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12/17/2012 · Construction

The Importance and Value of "Notice" Provisions in Construction Contracts

By: Long International

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.

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4/13/2012 · Construction

Construction Disputes: Schedule and Delay Analysis Methodologies

By: Long International

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Expert witness testimony for complex litigation involving damage analyses of lost profits, reasonable royalties, lost earnings, and lost value of business, forensic accounting, fraud investigation, investigative analysis of liability, marital dissolution, and tax planning and preparation. Excellent communicators with extensive testimony experience. Prior Big Four accountants. Specialties include: accounting, antitrust, breach of contract, business interruption, business dissolution, construction defects, delays and cost overruns, fraud investigation, asset tracing, intellectual property including patent, trademark and copyright infringement and trade secrets, malpractice, marital dissolution, personal injury and employment litigation, product liability, real estate, securities, spousal support, taxation, unfair advertising, unfair competition, valuation of businesses, and wrongful termination.

Experts:

Business Litigation and Valuation

Personal Injury / Employment Litigation

Dr. Barbara Luna is the partner in charge of the commercial litigation department of White Zuckerman. She has been providing Forensic Accounting, Economic Damages, Valuation, and Expert Witness Services for the past 30 years and has testified in court over 450 times. She has a PhD in Applied Mathematics from Harvard University with application to Physics and Finance and a BA in Physics from Wellesley College. Barbara is a Certified Public Accountant, a Certified Fraud Examiner, an Accredited Senior Appraiser in Business Valuation, a Certified Valuation Analyst, Accredited in Business Valuation, a Certified General Real Estate Appraiser, and a Certified Financial Forensic. She previously was a partner with Coopers & Lybrand and has taught working capital management, business finance, forensic accounting and intermediate accounting at UCLA Graduate School of Management, California State University at Northridge and Pepperdine University.

John Luna is a partner in the commercial litigation practice of White Zuckerman. He analyzes Financial, Accounting, Economic Damages, Business, Real Estate and Valuation issues and testifies as an expert witness on his findings. He has been an investment banker with Macquarie Capital, GCA Savian and Lazard. John has a JD from UCLA School of Law (Order of the Coif), an MBA from UCLA Anderson School of Management (Edward W. Carter Fellow), and an AB in Engineering Sciences from Harvard University. He is a Certified Public Accountant, Accredited in Business Valuation, a Certified Financial Forensic and a member of the California Bar.

Dean Atkinson is a partner in the commercial litigation practice of White Zuckerman. He has testified as an expert witness in Commercial Litigation and Family Law Matters and has been involved in Resolution and Settlement Negotiations since 1987. He holds credentials from the AICPA as a Certified Public Accountant, Accredited in Business Valuation and Certified Financial Forensics and from the Association of Certified Fraud Examiners. Dean is experienced and has qualified as an expert in business valuation, business litigation and family law matters.

Venita McMorris is a partner and an Economist in the Personal Injury and Employment practice of White Zuckerman. She has been providing economic damages and expert witness services for over 20 years and has testified extensively in court. She has a Master of Arts degree in Economics from California State University, Fullerton and a Bachelor of Arts degree from San Diego State University. She previously was a manager with Coopers & Lybrand and an economist with a medical malpractice trust in Southern California. Venita has taught macroeconomics and microeconomics to college students at Pasadena City College as a full-time tenured instructor and at Glendale Community College as a part-time instructor.

Los Angeles

Orange County

• Dr. Barbara Luna's Curriculum Vitae

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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:

Architectural
Forensic Architectural
Construction Management
Building Code Requirements
Construction Industry Standards
Professional Standard of Care
Design Defects, Errors & Omissions

Construction Defects & Failures

Architectural Practice & Peer Review

Construction Claim Evaluation

Change Order Analysis & Cost Overruns

Zoning Entitlements, Land-Use, and Permitting

Project Delivery - Fast-Track, Design-Build, GMP

Design & Construction Accident Claims

View Jeffrey P. Weinstein's Consulting Profile.

• Jeffrey Weinstein's Curriculum Vitae

• Expert Witness Experience

• Construction Management

• Library

• LinkedIn Profile

• Article - Common Sense Strategies for Avoiding Construction Litigation

9/11/2017 · Construction

Common Sense Strategies for Avoiding Construction Litigation

By: Jeffrey P. Weinstein

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.

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James D. Wamble, PE, RLS has over 40 years of experience as a Professional Civil Engineer and Registered Land Surveyor. During the course of his career, Mr. Wamble has worked on land planning, land surveying, or civil engineering projects in all counties of the middle and west Tennessee regions, and several counties in east Tennessee. Mr. Wamble has offered litigation support services as an expert witness in cases since 1976. In the last four years, he has testified 12 times in 8 lawsuits. These litigation cases include land planning, land surveying, and civil engineering issues. Mr. Wamble has experience with depositions, trials, hearings, and arbitrations.

Expert Witness Services Include:

Research
Site Inspections
Engineering Analysis
Land Surveys

Survey and Civil Engineering Drawings
Investigation
Report Writing
Exhibit Preparation

Areas of Expertise:

Civil Engineering: Design of grading, drainage, utilities, roads, lakes, dams, detention basins, parking lots, shopping centers, subdivisions, apartments, condominiums, planned unit developments, specific plans, industrial parks, mobile home parks, mini warehouses, hotels and office building site plans; flood, drainage, and utility studies; low impact design; financial developability and constructability analysis of proposed developments; preparation of cost estimates; assisting clients in setting project budgets; designing projects to contain cost within determined project budget; construction project management, inspection, administration, and processing of contractors’ pay requests
Land Surveying: Topographic, Route, Land, Boundary, Utilities, Aerial ground control, Engineering design, and Construction Surveys
Land Planning: Land use/development feasibility analysis, planning and concept design of residential, commercial, industrial and municipal projects; zone change applications; planned unit development and specific plan applications; site selection consultation; and graphic presentations

View James Wamble's Consulting Profile.

• James Wamble's Curriculum Vitae

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AVAILABLE NATIONALLY
CERTIFIED RESTORERS * CERTIFIED INDOOR ENVIRONMENTAL CONSULTANTS *
CERTIFIED MICROBIAL REMEDIATION SUPERVISORS * CERTIFIED ENVIRONMENTAL INFECTION CONTROL CONSULTANT * CERTIFIED STRUCTURAL DRYING SUPERVISOR * CERTIFIED INFRARED THERMOGRAPHERS *
IICRC CERTIFIED MASTERS * LIC. GENERAL CONTRACTORS #299472

SUMMARY OF EXPERIENCE

Brian Spiegel and David Spiegel offer expert testimony and consulting services regarding smoke, water, fire, mold contamination property damage restoration, reconstruction, and construction defect related problems. Both have been speakers nationally and internationally on property damage restoration, construction, and mold contamination related topics. In the past at the Property Loss Research Bureau (PLRB) national mold symposium in Charlotte, North Carolina and at the Forensics Consultants Association on toxic mold litigation and mold remediation in Newport Beach, California. In the media, Brian and David have written articles for industry trade magazines and given television and radio interviews, including one with Brian on ABC TV “Good Morning America” featuring a segment on mitigating water damage.

CONSULTANTS AND EXPERT WITNESS

Mold & Bacterial Contamination
Construction Defects
Fire & Smoke Damage
Industry Standards of Care

Structural Damages
Water Damage
Sewage Backflow
Flooring Forensics

EXPERT SERVICES

Property Damage Contractor
Inspections & Formal Reports
Cause and Origin Investigations
Smoke Particulate Testing
Property Insurance Claims
Testing

Detailed Construction Estimates
Cost Damage Appraisals at Current Industry Pricing
Litigation Support
Infrared Structural Inspections
Concrete Moisture Testing

PROPERTY DAMAGE ASSESSORS

Residential and Commercial
Appraisal Process: Appraisers & Umpires
Contents and Structure

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• View David Spiegel's Curriculum Vitae

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CPA, CFE, CPEA, CFF with 35 years of experience as a forensic accounting testifying expert. Damage calculations in construction, intellectual property (copyright infringement, trademark infringement, patent infringement, DMCA, trade secrets), breach of contract, reasonable royalties, wrongful termination, personal injury, consumer product liability & royalty audits. A financial contract terms expert. 2017 California CPA of the Year & 2012 Certified Fraud Examiner of the Year.

Expert in unjust enrichment, lost profits & statutory damages. Industries: construction, machinery, security, toys, pharmaceuticals, software, hardware, medical devices, media, entertainment, energy, music, film, security, healthcare, personal injury, apparel & consumer products. Real world experience as Chief Audit Officer of Beats, KPMG Partner, and at Occidental Petroleum, Unocal, and Disney. While at Ernst & Young, led national fraud and royalty auditing. Vice Chair ('16-'17) Board of Regents of the 80,000+ member Association of Certified Fraud Examiners. More than 1,500 forensic accounting contract investigations.

Complex Economic Litigations As An Economic Damages Expert Witness. Mr. Blum has worked on simple to several billion-dollar complex litigations. He has been retained as an expert witness for more than 140 matters that required a detailed report. His reports have been identified as best examples by judges. . His damage calculations have consistently been accepted over other experts with settlements up to $1 billion. Broad range of clients for leading law firms such as Amgen, Microsoft, Disney, Dolby, Sony, Paramount Pictures, Mattel, GM, Sears, IGT, IMG, Tessera, Philips, Diageo, Harley-Davidson, DKNY, Chrysler, Ross, Steven Spielberg, Tom Hanks, Shark Tank, WWE, Warner Bros., McDonalds, SAG, DGA, WGA, Conor McGregor, UMB Bank, Bank of America, Everlast, Fate Therapeutics, Medtronic, etc.

Areas of Expertise:

Complex Financial Litigation
Patents
Copyrights
Trademarks
False Advertising
Malpractice
Royalty Auditor Competence
Royalty Disputes
Wrongful Termination
Construction Defect
Film Distribution

Unfair Competition
Oil & Gas Pipelines
Personal Injury
Product Liability
Breach of Contract
Business Interruption
Class Action
Lanham Act
Trusts & Estates
USITC
DMCA

View Sidney Blum's Consulting Profile.

• Sidney Blum's Curriculum Vitae

• Biography and Services

9/13/2016 · Accounting

Royalty Audits - Compliance With AICPA Standards

By: Sidney Blum

Royalty auditing is a niche service that has exploded in popularity over the last 20 years. The primary purpose of a royalty audit is to test whether a licensee has complied with a license agreement or statutory requirement. The royalty auditor is hired by an intellectual property owner (aka, licensor) or minerals owner to inspect the books and records of a licensee primarily to determine if usage-based monetary amounts have been paid as contractually required. In addition to monetary damage calculations, most royalty audits examine for breach of contract in a wide variety of areas, such as intellectual property protection, record keeping, distribution channels, and permitted usage.

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License, Royalty & Revenue Agreements: Drafting, Monitoring and Auditing

Sidney P. Blum

This book navigates readers through the nuances of drafting the best possible financial terms for license and other self-reporting agreements and shows how proper monitoring and auditing should occur once a deal is in place. The 2014 Edition includes updated information on how to properly write the financial aspects of royalty contracts to protect the licensor, licensee, and other concerned parties. Additional sample terms and "real-world" agreements have also been included.

Financial Elements of Contracts: Drafting, Monitoring and Compliance Audits

Sidney P. Blum

This book navigates the nuances of drafting financial terms for license and other self-reporting agreements and shows how proper monitoring and auditing should occur once a deal is in place. This book will modernize and remold how agreements are written and will greatly enhance the bottom line of licensors and other contractors. Lawyers involved in drafting license and other self-reporting contracts typically understand boilerplate provisions but not the financial nuances that are subject to high degrees of interpretation that eventually costs their clients significant money and business relationships.

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John D. Shepherd, RRC, RRO, founder of Shepherd Consulting Services has been actively involved in the Roofing, Waterproofing and Construction Industry for over 50 years. He has spent 10 years as an active roofing contractor and the last 26 years as a Roofing, Waterproofing, Sheet Metal, Fenestration and Exterior Wall Cladding Consultant. Over the last 25 years, Mr. Shepherd attended about 1300 hours of continuing education courses related to roofing, waterproofing, sheet metal, exterior walls, windows and other various building envelope components. He is an IIBEC Registered Roof Consultant and Registered Roof Observer, a HAAG Certified Residential and Commercial Roof Inspector, a licensed roofing contractor in California and Arizona, and a Certified Building Science Thermographer. Mr. Shepherd has been retained in over 500 construction defect litigation cases, representing plaintiffs, developers and/or sub-contractors. He has been deposed more than 100 times, testified in over 20 trials and has extensive mediation experience as well. Mr. Shepherd is also an expert in analyzing insurance related property damage claims invoiving wind, hail, earthquake, fire and water damages Areas of Expertise:

Construction Defect
Water Intrusion Investigation
Property Loss Damage Claims
Personal Injury Claims
Standard of Care and Building Code Issues Related to Roofing, Sheet Metal, Waterproofing, and Building Envelope

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• John Sheperd's Curriculum Vitae

• More About Thermal Imaging

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Robert (Bob) Ryan, PhD, PE, is a Senior Estimator with Heavy Civil Construction experience including bridge / structures, paving, foundations, marine, and grading work. He has over 15 years of experience working within the construction industry, primarily in operations and estimating. He has completed projects totaling more than $2 billion, and was directly involved in multiple projects receiving national merit.

Bob has led projects involving bridges, roads, marine structures, rail, tunnels, airports, and light industrial. His project management experience has led to the development and deep understanding of schedules, standardized cost estimating approaches, subcontractor management, contracts, procurement, project completion, and Disadvantaged Business Enterprise (DBE) programs compliance issues.

Litigation Support - Working as a contractor, engineer / consultant, and owner in the heavy-highway sector gives Bob the ability to see all sides of complex contractual issues. He has been involved in cost escalation claims and economic impact analysis related to volatile market conditions. He has experience working on large, complex heavy highway projects and has the skills and knowledge necessary to provide expert testimony in these cases.

Bob has advised attorneys for both plaintiff and defendant, and executive levels of DOTs and contractors alike. He has led and supported expert analysis on claims exceeding $100 million.

Areas of Expertise:

Dispute Resolution
Disadvantaged Business Enterprise (DBE) Issues
Good Faith Effort (GFE) Claims
Contract Issues
Cost Estimating
Contractor Performance

Contractor Means and Methods
Construction Planning and Scheduling
Construction Defects
Forensic Schedule Analysis
Financial Damages Preparation and Evaluation
Code Compliance

Background Experience - Bob’s professional roles have included project controls, field engineering, superintendence, project management, and estimating. In his 10 years as a contractor, he held roles from field operations to estimating. As a consultant, he managed projects ranging from $1M to $300M. As an owner’s representative Bob was responsible for complete cost estimates averaging $2B. Bob is currently a faculty member at Oregon State University in their Construction Engineering Management program.

Bob has successfully balanced completing his multiple degrees while exceeding goals as a full-time professional. His dissertation involved economic analysis of cost variance for over 12,000 projects. His coursework was a blend of project management, civil engineering, accounting, economics, and statistics. He is experienced in a wide variety of alternative delivery methods such as design-build, public-private- partnerships (P3) accelerated bridge construction, job order contracting, and negotiated lump sum.

• Robert Ryan Curriculum Vitae

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Research & Planning Consultants, LP (RPC) has been assisting clients with expert services for over 45 years, including consulting and expert witness testimony for personal injury, healthcare litigation, commercial litigation and Certificate of Need matters. RPC also offers a wide selection of health data. They have served clients across the U.S, from Alaska to Florida and from New England to California.

A Complete Team of Damages Experts for Personal Injury Litigation

Research & Planning Consultants, LP provides the following services:

PERSONAL INJURY - RPC provides comprehensive damages analysis in personal injury litigation. Their expert team has life care planners, vocational evaluators, board-certified physicians, economists and neuropsychologists.

Areas of Expertise include: Life Care Plans, Loss of Earning Capacity or Support, Present Value of Damages, Medical Bill Analysis, Chargemaster Analysis, Neuropsychological Testing & Traumatic Brain Injury, Vocational Evaluations, IMEs, Section 18.001, Prestanding ED Chargemaster Analysis

COMMERCIAL LITIGATION- RPC has provided expert analysis on commercial litigation concerning many industries: chemicals, refining, forestry, waste management, pipelines, water resources, oil and gas EDP, fisheries, agriculture, electrical generating plants, transmission lines, telecommunications, and real estate development. Our special expertise in the healthcare industry has proven valuable to business litigators unfamiliar with this complex industry.

Areas of Expertise: Breach of Contract / Commercial Economic Damages, Construction Disputes, Litigation over Non-Competitive Agreements, Environmental Torts and Toxic Torts, Commercial Disparagement, Wrongful Termination

HEALTHCARE LITIGATION - RPC offers economic, statistical, data and clinical analysis in a wide range of healthcare litigation. They have experience with payment disputes, qui tam litigation, physician-hospital disputes, practice valuations and construction litigation.

Areas of Expertise: Qui Tam Healthcare Litigation, Medical Staff Disputes, Professional Liability, Payment Disputes, Health Facility Construction Disputes, Freestanding ED Chargemester Analysis

CERTIFICATE OF NEED - RPC provides Certificate of Need (CON) planning services nationwide. We have over 35 years of experience developing regulatory strategy, preparing applications and testifying in public and administrative hearings.

Areas of Expertise: Satellite Hospitals, New Hospitals, Relocation and Transfer of Beds, Observation Beds, Geriatric Psychiatric Units, Children’s Hospitals, Comprehensive Inpatient Rehabilitation Units, Neonatal Intensive Care Units, Open Heart Surgery Services, Long Term Acute Care Units, Projects that exceed CON Capital Threshold Limits, Projects for Specifically Listed Services, Programs Requiring CON, Hospices, Senior Living Facilities

Ronald T. Luke, JD, PhD, is a principal consultant and President of RPC, LP. Ron joined RPC in 1976 and became its president and principal owner in 1979. He has consulted on projects for health care providers, managed care plans and public agencies in more than 25 states. He also serves as an expert witness in trials, administrative proceedings and legislative hearings.

Active in the Health Policy Arena, Dr. Luke has been accepted as an expert in Economics, Socioeconomic Impact Analysis, and Policy Analysis by state and federal courts, and state administrative agencies. The types of cases in which he has provided expert testimony include personal injury, contractual disputes, health care payment disputes, construction defects, utility construction permitting, and certificate of need. He has testified on health care matters including market structure, billing fraud and abuse, reasonableness of charges, medical staff credentialing, workers’ compensation fee guidelines, utilization review, physician contracts, and managed care contracts.

Kacy L. Turner, MS, CRC, CVE, CLCP, is a Certified Life Care Planner and Vocational Consultant with RPC. She has over 20 years of experience in Rehabilitation. Ms. Turner has experience writing life care plans for both plaintiff and defense clients. She has experience as a rehabilitation consultant in three states and has been qualified as a testifying expert in state and federal court.

Ms. Turner has worked on cases in several states as well as the country of Trinidad. To determine the pre-injury and post-injury employability in personal injury cases, she provides vocational testing, transferable skills analysis, job requirements analysis, rehabilitation plans, and definition of reasonable accommodations under the American with Disabilities Act. She is a member of the International Association of Rehabilitation Professionals, the Texas Association of Rehabilitation Professionals and Providers of Services, and Vocational Evaluation and Career Assessment Professionals.

Brian Piper, PhD, is an Economist with RPC specializing in Quantitative Analysis and Modelling. He works on a variety of cases including personal injury and certificate of need. He is experienced in data extraction, management, simulation, and analysis using STATA, SQL, ARC GIS and a variety of other programs. Dr. Piper has taught graduate classes in statistics and econometrics in both MBA and Ph.D. programs.

Dr. Piper is an experienced expert, providing testimony, reports, and affidavits on the issues of economic damages in personal injury litigation, healthcare litigation, False Claims Act litigation, and other commercial litigation. He has testified on behalf of plaintiffs and defendants.

Dr. Piper specializes in the economics of healthcare. He has been retained by healthcare providers and insurers in payment disputes. He has analyzed the reasonableness of charges and expected payment for past and future medical services for providers, insurers, plaintiffs, and defendants. Besides work in litigation, Dr. Piper has provided analysis of Certificate of Need applications and the economic impacts of proposed legislation.

• Dr. Ronald T. Luke's Curriculum Vitae

• Kacy Turner's Curriculum Vitae

• Dr. Brian Piper's Curriculum Vitae

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• A Complete Team of Damages Experts for Personal Injury Litigation

2/11/2022 · Healthcare Facilities - Hospitals

Determining Usual, Customary, And Reasonable Charges For Healthcare Services

By: Research and Planning Consultants

This paper identifies and discusses industry standards for what charge percentile threshold state laws and private health plans consider reasonable to determine allowable amounts for payment. The term &"allowable amount"; refers to the total amount a regulation or private health plan determines a provider should be paid. It is the sum of the payment responsibilities of the plan and the patient.

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Dennis Gemberling, CHA, CFBE, FMP, FCSI, President and Founder of Perry Group International, has over 35 years of experience in the Hospitality Management industry. His experience includes managing, operating, and consulting on full-service, limited-service, extended-stay, all-suite, condo and timeshare hotels and resorts, casual, fine-dining, and quick-service restaurants, bars and nightclubs, catering and special event facilities, casinos, and mixed-use real estate.

Mr. Gemberling has held prior positions for different owners, operators, and chains as Senior Vice President, General Manager, Director of Food & Beverage, and Restaurant Unit Manager. He has been retained on over 400 projects with typical values in the $1 million to $75 million range and revenues in the $1 million to $100 million range both nationally and internationally. His many clients have include among others Biscuits & Blues, Cantina’s, Chevy’s, Choice Hotels, Embassy Suites, Hampton Inns, Hilton, Holiday Inns, Hooter’s Casino, Hyatt, Marriott, McDonald’s, Microtel Inn & Suites, Outback Restaurants, Radisson, Residence Inns, Signature Resort, Sizzler, Sonic Drive-Ins, Starbucks, Starwood, Sheraton, Togo’s, Wendy’s, and Willie Mays Skybox Lounge.

Litigation Support: Dennis Gemberling is a Certified Hotel Administrator, Certified Food and Beverage Executive, Certified Foodservice Management Professional, and Certified Food Safety Manager. He offers expert witness services to attorneys for plaintiff and defendant cases on a variety of Hospitality-related claims. He is a Professional Member of Foodservice Consultants Society International and the Forensic Expert Witness Association. Mr. Gemberling also provides expertise as a Court Appointed Receiver and Interim Property Manager and is currently the Past President and a Board of Director for the California Receivers Forum – Bay Area Chapter.

Areas of Expertise:

Management & Operations
Income Analysis & Valuation
Employment, Hiring & Labor Issues
Lost Profits & Future Earnings
Business Interruption
Planning & Feasibility
Upkeep & Maintenance
Customs & Trade Practices
Standards of Care

Franchise, Management & Operator Contracts
Brand, Franchise, Franchisee Apparent Agency Issues
Safety & Security
Contractor & Entertainment Use
Food & Alcoholic Beverage Handling
Costs, Economic & Marketing Impact
Procurement & Purchasing
Landlord / Tenant, Operator & HOA Issues
Discrimination & Harassment
Construction or FF&E Problems

View Dennis Gemberling's Consulting Profile.

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• Clients

• Articles

• Blog

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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.

Areas of Expertise:

Construction Defects
Failure Analysis
Code Compliance / Violation
Natural Disaster Damage Assessment
Structural Failure Investigation
Foundation System Settlements
Structural Repair Analysis
Corrosion
Earthquake Damage
Vibration and Frequency
Mechanical, Electrical, Medical Equipments

Construction Schedule Delay
Property Insurance Claims
Standard of Care
Construction Accidents
Buildings & Public Works
Flood & Demolition Damage
Errors / Omission
Water Intrusion
Roof Systems
Floor Systems
Impact Forces

View Casey Hemmatyar's Consulting Profile.

• Casey Hemmatyar's Curriculum Vitae

• Biography

• Partial Litigation List

• Forensic Testimony Services

• Partial Project List

• LinkedIn Profile

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Britta M. Moss CPCU, SCLA, AIC-M, is a graduate of The Ohio State University and has over 25 years experience in the Property & Casualty Insurance industry. She has claims experience in a wide variety of personal and commercial lines claims as a Claim Representative, Examiner, Supervisor, Trainer and Manager.

Ms. Moss has handled, supervised, managed and provided training for claims involving personal & commercial property damage, bodily injury, personal injury, property damage liability, commercial general liability, uninsured/underinsured motorists, medical payments, personal injury protection, allegations of bad faith and extra-contractual exposure. Experienced expert witness for both plaintiff & insurer defense cases.

Areas of Expertise:

Property & Casualty, Claims
Bad Faith Exposure Identification
UCSPA Compliance
Industry Standards
Claim Handling
Insurance Coverage
Personal Injury Protection (PIP)
Bodily Injury (BI)
Property Damage (PD)
Medical Payments (MP)

Uninsured / Under-Insured Motorist (UM/UIM)
Commercial General Liability (CGL)
Unfair Claims Settlement Practices
Extra-Contractual
Large, Complex Loss
Policy & Procedure
Supervision / Management
Corporate Discovery
Claim File Auditing
Claim Personnel Management & Supervision

View Britta Moss's Consulting Profile.

• Britta Moss's Curriculum Vitae

• Biography

• Services

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William R. Legier is a Certified Public Accountant, Certified Fraud Examiner, and Certified in Financial Forensics. With over 51 years in business, he has extensive forensic accounting and complex commercial litigation experience.

Mr. Legier is a former senior accountant for Arthur Andersen & Company, international CPA firm, and a former chief financial and operating officer for a $100 million diversified corporation. He currently lectures on accounting, finance, tax, business and business information technology, management control systems, business valuation, fraud, and forensic accounting to groups sponsored by RCA, IBM, Louisiana State University, Tulane University, A. B. Freeman School of Business, University of New Orleans, and other leading companies and institutions

Litigation Support - Mr. Legier's expert witness services include the forensic analysis and explanation of complex financial transactions with the use of advanced automated graphic design and display techniques. He provides testimony in Federal and State Courts throughout the US for leading national law firms and Fortune 100/500 companies in areas including:

Calculating Lost Profits
Fraud Detection and Recovery
Mismanagement
Bankruptcies
Appointment of Receiver
Business Valuations
Shareholder Disputes
Evidence of Ownership
Identification of Hidden Assets
Corporate Veil Piercing
Business Interruptions
Single Business Enterprises
Accounting Malpractice
Marital Dissolution
- Separate and Community Property
- Spousal Support
- Tracing

Lost Earnings
Personal Injury
Intellectual Property
Patent / Trademark / Copyright infringement
Trade Secrets
Reasonable Royalties
Investigative Accounting
Breach of Contract
Breach of Fiduciary Duty
White Collar Crime
Real Estate
Securities
Product Liability
Business Dissolution
Construction Defects, Delays, and Cost Overruns
Wrongful Termination
Data Analytics

• William R. Legier's Curriculum Vitae

• About Legier & Company

• Expert Witness Services

• Business Interruption

• Business Valuation

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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’.

View Keegan Linscott & Associates' Consulting Profile.

• Christopher Linscott's Curriculum Vitae

• Eric Lee's Curriculum Vitae

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Carl H. Josephson, PE, SE and Dan R. Werdowatz PE, SE are licensed in 30 states and have over 44 years and 39 years of Structural Engineering experience respectively. They are active and have served in leadership roles in numerous local, state, and national professional structural engineering societies. They have testified in deposition, trial, and arbitration in over 500 matters throughout the United States and abroad.

Messrs. Josephson and Werdowatz and their team provide structural assessment and evaluation on a wide variety of matters including construction defects, insurance claims, professional liability claims, standard of care analyses, among others. Work involves a wide variety of materials and may include vertical, seismic, and wind design and analysis; code review; and construction evaluation. JW&A is highly experienced in foundations, underpinning, tie-backs, retaining walls, and various geotechnical structures. JW&A has extensive graphics and animation capabilities in order to make difficult engineering concepts understandable to lay people.

Litigation Support - JW&A has been retained as structural engineering experts by plaintiff, defense, and cross-defendant clients on over 1,500 matters across the United States and abroad. 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: CA, AZ, HI, NV, UT, WA, IL, MA, LA, OR
PE Licenses: CO, CT, FL, ID, IN, KS, KY, MD, MI, MO, MS, NM, NY, NJ, ND, OH, SC, TX, WV, WI

Areas of Expertise: