USAForensic is a boutique state-of-the-art forensics company with full-time labs in Phoenix, Arizona and Detroit, Michigan. Our booking office is on the east coast. This helps with an earlier start each day and with overseas cases.
Specializing in forensic Audio, Video, Cell Phones, Computers Photography & ”Cell Tower tracking” debunking. USAForensic is court certified in Federal, US Military, US District, many State and county courts throughout the United States. International cases are not uncommon. Mr. Neumeister has worked in 23 countries over the past 40 years.
Clients range from the largest Law firms to private firms, large corporations, the Department of Defense, government agencies, advocacy groups, the DOJ to the innocence project.
Technology is flying past the court system. We’re here to work with attorneys to understand how to deal with digital or analog evidence, how to challenge it or how to get it admitted into evidence.
We prefer to work in the background assisting attorneys, even writing out Daubert 702 & 902 issues regarding other parties evidence submissions.
In a recent Federal Daubert hearing USAForensic worked with DOD JAG attorneys to get police cell tower tracking ruled inadmissible. The federal judge rule police cell tower tracking as “Garbage in, Garbage out”.
Not a verifiable science, not peer reviewed, no scientific white-paper to support its use.
Over 600 cases in the past 3 years. From the very highest profile to simple straightforward forensic cell phone extractions or video and audio clarification for court use.
To us Data is Data & takes no side, but it has to be verifiable data.
We've all seen the TV crime shows where the forensic technician opens the grainy surveillance, then zooms in on a tiny face, license plate or scrap of paper, hits the enhance button and, magically, the image becomes sharp and clear (accompanied by appropriate background music).
Audio Expert David Smith of Sound Testimony® specializes in Audio Forensic Analysis, Improving Recorded Speech Intelligibility, & Recording Authentication. Our proprietary hardware/software system recovers intelligible speech and other sounds from noise-intensive backgrounds & poorly recorded media. David A. Smith, IEEE, AES, has more than three decades of professional experience with audio enhancement. Experienced in criminal and civil cases including murder, corporate fraud, employment discrimination, sexual harassment, labor, and family law. Mr. Smith consults with counsel offering audio forensic evidence examination, analysis, litigation support, expert advice, expert testimony, and related expert witness services including preparation of cross-examinations and courtroom presentations. Clients include Prosecutors, Defense Attorneys, Family Law & General Practice Attorneys, other Legal & Investigative Professionals, HR Depts., Corporations, Private Detectives, & Individuals. Services Offered:
In Audio Forensics, it often comes down to ears versus microphones. In one corner, we have the human ear with all its amazing capabilities. In the other corner, the fantastic piece of technology known as the microphone, with its ability to record sound to a digital file or tape for later playback.
A confrontation between an inmate and a Corrections Officer leads to accusations of mistreatment on one side and claims of justifiable action on the other. It was one person's word against another until an unexpected recording came to light and, with the help of sophisticated audio forensic analysis and processing, the truth was revealed.
Pocket dialing occurs when a mobile phone's touch pad is pressed by something in a person's pocket or purse, or, if the person happens to sit down a certain way, a part of their anatomy. If the pressed key or screen surface area is programmed to dial or redial a telephone number, a call occurs. This call often goes undetected by the phone's owner. Some phones are more prone to this phenomenon than others.
You have an audio recording that may be used as evidence in an upcoming court case. Looking for a way to make it easier to hear, you do an on-line search and come upon a list of "Audio Restoration companies." The ads state that these sites can lower or eliminate noise and restore recordings to their original quality.
Setec Investigations offers unparalleled expertise in computer forensics and electronic discovery, providing highly personalized, case-specific forensic analysis and litigation support services to assist in the investigation, handling, and prosecution of computer-related crimes or misuse.
Setec Investigations combines today's most advanced computer forensics and litigation support expertise with a business- and legal-friendly approach, resulting in a sound analytical foundation that carefully balances critical investigative requirements with vital legal and evidentiary needs.
Setec Investigations incorporates a cross-disciplinary team comprised of computer forensic investigators, attorneys, law enforcement specialists, and seasoned business professionals who have established a proven track record of success since 1997.
Setec Investigations possesses the necessary combination of technical expertise, understanding of the legal system, and specialized tools and processes enabling the discovery, collection, investigation, and production of electronic information for investigating and handling computer-related crimes or misuse.
Explore our range of service offerings:
Computer Forensic Investigations
Computer forensics and enterprise investigation services identify, gather, analyze, and preserve electronic evidence to establish a sustainable posture for internal or legal action.
Manage large volumes of electronic data and quickly identify and isolate electronic evidence that is critical to the success of a litigation.
Legal consultants and attorneys translate litigation issues into strong case strategies that effectively utilize electronic evidence.
Supports the resolution of security incidents and active litigations by offering impartial and independent expert testimony, opinions, and customized reports in legal proceedings.
Identifying pertinent evidence on computer systems is essential to the discovery process in today's world, as it is believed that over 70% of information stored in computer systems is never reproduced in hard copy form
It is estimated that over 90% of all documents are now created electronically, although most of them are never printed; therefore, legal professionals are being challenged by a drastic increase in electronic evidence
R. Kevin Smith PE, BSME, MMAE, has been a specialist in Engineering Forensic Safety and Design for 35 years. He has consulted on over a 1,000 matters nationwide. Mr. Smith is a registered professional engineer and holds a BSME and MMAE from the Illinois Institute of Technology in Chicago. He is board certified forensic engineer through the National Academy of Forensic Engineers. He specializes in Material Handling Equipment Safety, including lift trucks, dock safety, truck loading, conveyors, and aerial work platform safety. Mr. has been actively involved as a member of the committee that writes the Safety Standard for Low Lift and High Lift Trucks (ASME/ANSI B56.1) for over 30 years. He also serves on the B56.6 committee (rough terrain lift trucks) and the ANSI A92.5 and A92.6 subcommittees (self-propelled elevating work platforms). Litigation Support - Mr. Smith formerly worked for Triodyne, Inc. for over 15 years as a forensic engineer/principal engineer. As President of R. K. Smith Engineering Inc., for over 25 years, he currently has a laboratory for examination and testing, and owns or has access to varied testing equipment and tools. Kevin Smith has testified at depositions and trials on several hundred matters. He has performed hundreds of investigations into product failures involving injury and property damage, and has reconstructed numerous accidents. His expertise is available to counsel representing both Plaintiff and Defendant. Mr. Smith also was previously on the Adjunct Math faculty at Prairie State College for 13 years. Areas of Expertise:
Quality Forensic Engineering, LLCis a full-service forensic engineering firm, providing engineering support to clients in the areas of accident reconstruction, premises liability, and product liability. With over 25 years of experience for each of our senior engineers, we utilize the latest technology for documenting evidence and retrieving data including FARO 3D scanning, aerial drone imaging, and black box downloads. Additionally, we use industry proven and court accepted techniques and methodologies for the analysis of slip resistance, changes in elevations, and stair geometry. Combined with application of appropriate codes, standards, and guidelines, we provide thorough analysis and conclusions for your most difficult engineering questions. Our forensic engineers are mobile, supporting clients throughout the U.S. We are headquartered in Tallahassee, FL with remote locations in Jacksonville, FL; Tampa, FL; San Diego, CA; and Tucson, AZ.
Dr. Brian Pfeifer, P.E. - Dr. Pfeifer is an Engineering Expert with over 25 years of experience investigating thousands of cases involving a variety of forensic engineering issues. He is a leading expert in accident reconstruction, roadside safety, maintenance of traffic, commercial vehicle accidents, pedestrian accidents, bicycle accidents, and the analysis of mechanical systems and product failures.Dr. Pfeifer has a strong background in the design, development, and implementation of roadside safety hardware including guardrails, bridge rails, and crash cushions. Over 33 patents have been filed worldwide on behalf of Dr. Pfeifer and associated colleagues who invented safer guardrail systems, vehicle storage systems, shipping container handling systems, and material handling and storage methods. He has also utilized his technical knowledge and understanding of patents to assist in a number of matters involving patent litigation.
Dr. Pfeifer has published numerous papers to various organizations, covering topics such as new guardrail systems, energy absorbing guardrail terminals, breakaway sign mechanisms, and material handling technology. He has shared his expertise with many organizations on topics including vehicle collisions, bicycle accidents, roadway construction zones, and accident reconstruction expert witness utilization. Dr. Pfeifer is a registered Professional Engineer in three states and he continues to refine his skills and knowledge of accident reconstruction and roadside safety by staying current with new technology and best practices. Dr. Pfeifer has extensive experience with providing deposition and trial testimony as an Engineering Expert.
Guardrails / Bridge Rails
Airbag Control Module (ACM) Analysis
Tractor Trailer Electronic Control Module (ECM) Analysis
Product Failure Analysis
Maintenance of Traffic (MOT) Evaluation
Restraint System Analysis
Patent Litigation Technical Analysis
Ms. Traci Campbell, P.E., CXLT - Ms. Campbell has over 22 years of experience investigating, analyzing, and testifying in matters involving a variety of forensic engineering issues. She is a leading expert in the following: industrial accident reconstruction and human factors; slip, trip, stumble and fall analysis; application of standards, codes, and guidelines including OSHA, ANSI, ASTM, Life Safety, ADA and Building Codes; workplace safety related issues; forklift and material handling devices; construction machinery and workplaces; manufacturing equipment; and the analysis of workplace systems and product failures.
Ms. Campbell has a strong background working in manufacturing and industrial workplaces including the design, development, and implementation of solutions to ensure safe work environments. She has also been credited as part of a team holding a patent related to safeguarding power hand tools with rotating discs. Her special interests include amusement park and theme park accidents and safety related issues. Ms. Campbell is also a CXLT - Certified XL Tribometrist (slip index evaluation) and a certified counter balance forklift operator.
Ms. Campbell has served as a presenter with the American Society of Safety Professionals (ASSP) regarding slip, trip, stumble, and fall incidents. She has shared her engineering expertise with many organizations on topics including: slip, trip, stumble, and fall incidents; electronic data in the realm of accident reconstruction; safety engineering and the engineering hierarchy; photogrammetry and other accident reconstruction techniques; OSHA compliance; and Industrial Engineering. Ms. Campbell is a registered and licensed Professional Engineer in five states and she continues to refine her skills and knowledge of premises liability and safety engineering by staying current with new technology and best practices.
Mike Wakshull is a civil and criminal court-qualified document examiner who partners with legal clients to dissect the evidence presented in handwritten and computer-generated questioned documents. His valid approach often produces winning arguments during the trial. Wakshull applies his scientific training to examine questioned documents which is a court requirement. He uses generally accepted practices such as SWGDOC and ANSI/ASB standards. His laboratory is well-equipped with high powered digital microscopes, VSC80, ESDA, high quality digital scanners, and software. He has built a large forensic reference library. Wakshull is skilled at creating and explaining complex exhibits in easy-to-understand language and pictures. His courtroom approach is to teach and engage the trial participants—opposing attorney, judge and jury.
Mike Wakshull holds a graduate school certificate in Forensic Document Examination. Since 2010 Mr. Wakshull has worked and studied in the science and discipline of Document Examination and Handwriting Analysis. He is one of only a handful of forensic document examiners with graduate school training in the science of forensic document examination. His opinion is always based on sound fundamentals of evidence. Mr. Wakshull has spoken at International and local conferences and seminars and also holds professional certifications that bring unique skills to your case. As a Certified Quality Engineer, Mr. Wakshull studied the science of variability and applied this to the analysis of handwriting and documents. As a Certified Information Systems Auditor, he applies his knowledge of information systems and technology to the analysis of documents.
Q9 Consulting, Inc. Has both an extensive research library and laboratory. Q9 Consulting, Inc. serves Southern California counties of Riverside, San Diego, Orange, San Bernardino, and surrounding regions. Mike has worked cases from 29 states and five countries. Work is accepted from all other locations.
You have hired a forensic examiner to analyze evidence for your civil case. After a thorough examination of the evidence, the forensic examiner delivers a weak forensic opinion toward favoring your theory of the case. Will the examiner's weak opinion help you in trial?
Generally, document examiners state that a source signatures is needed to show that the signature on a document is cut from another document then pasted onto the document in question. In this case study, a technique is presented to demonstrate how a cut-and-paste was discovered without the source signature.
When she was a girl, the young woman had emigrated with her family to the United States from her home country in Africa. She grew up in the northeastern USA and was now attending college. As part of her application for United States citizenship she must present her birth certificate. Her father sent the birth certificate to her. The birth certificate had apparent alterations. Government officials refused to accept the birth as valid because her appearance did not match the age on the birth certificate. She was born in 1994 yet birth certificate appears to state her year of birth as 1984.
The divorce had been finalized 15 years earlier. The husband had moved on with his life. He was happily remarried and enjoying his retirement years. The ex-wife could not let go. She sued in the Superior Court of Los Angeles claiming the husband would not relinquish rights to real property and other interests that had been part of the divorce settlement.
The decedent signed a life insurance beneficiary form a few weeks after having brain surgery. The plaintiff claimed the signature was not executed by the decedent. The defense claimed that the decedent had signed the document and the differences are attributed to the effects of brain surgery.
As with any other profession, document examiners have a range of expertise and experience. As important as it is for your client to make a clear assessment of your abilities, it is up to you to determine in advance, with a high degree of accuracy, whether the document examiner you plan to hire will perform the most accurate assessments and be ready to back up those assessments with a scientifically repeatable methodology in court.
None of us wants to feel that our opinions are tainted by bias. The ability to recognize when bias is an influence in an expert's opinion and the skill of an expert to overcome his or her biases is integral to an expert's credibility.
The Most Dangerous Animal of All was co-written by the estranged son of California’s infamous Zodiac killer to reveal his father’s true identity. When the book hit the streets the skeptics were in full force. Just like those who mocked the boy who cried wolf, no one could blame them. Too many people had already claimed to either be the killer or to know who he really was.
Forensic document examination, performed correctly, is a reliable discipline that can demonstrate the innocence of your client or the guilt of your opponent. Used strategically, it can help you settle out of court. When court is necessary, your document examiner can present a case so clearly that the outcome is beyond doubt. To achieve this, your document examiner must be proficient in the latest techniques and adept at reporting results.
" Q9 Consulting, Inc. announces the release of a new book, The End of the Zodiac Mystery, How Forensic Science Helped Solve One of the Most the Most Infamous Serial Killer Cases of the Century by Michael Wakshull."
Audio Video Forensic Analysis Expert Witness Nick Barreiro
Principle Forensics is a national Media Forensics Laboratory. They Recover, Authenticate, Enhance, and Analyze all types of recorded evidence, including Video, Audio, and Digital Images. Principle Forensics backs all their work with experienced, highly trained, expert testimony.
Nick Barreiro, BAC, AVFA, DIVRT, Chief Forensic Analyst, is a Certified Audio Video Forensic Analyst and an FBI-trained member of the Digital Imaging and Video Recovery Team. During his 15-year law enforcement career, he was a patrol sergeant, technology project manager, media forensics expert, detective, digital evidence specialist, and patrol officer. Prior to his career in law enforcement, Mr. Barreiro was an audio engineer and producer in California. He also worked for KBMB radio in Sacramento and has extensive experience and training in audio enhancement and analysis.
Litigation Support - Mr. Barreiro works with attorneys representing plaintiffs and defendants in civil or criminal matters in which Audio, Video, or Image Evidence plays a key role. He has tremendous technical knowledge and training, but also extensive experience on the witness stand.
Mr. Barreiro has enhanced and analyzed digital media from simple slip-and-fall cases and minor traffic accidents to complex investigations such as homicides and officer-involved shootings. He has testified 100s of times in criminal cases, civil cases, arbitration, and depositions. A highly trained and experienced forensic analyst, he provides technically detailed and precise results with expedited turnaround times.
Timothy W. Monsees, is a partner with the firm of Monsees & Mayer, P.C. For over 30 years, he has focused his practice on litigating complex Personal Injury cases.
Background - Mr. Monsees graduated with honors from the University of Missouri-Columbia School of Law in 1981. He is admitted to practice in Missouri, Kansas and Texas. Mr. Monsees is recognized by Best Lawyers in America, Missouri Super Lawyers, Kansas City Business Journal “Best of the Bar”, and for many years has been recognized by Martindale-Hubbell with an “A/V” rating. He regularly presents at seminars helping to instruct other attorneys on trial practice skills.
Mr. Monsees restricts his practice to representation of injured parties in litigation of product liability, construction & industrial accidents, professional negligence, and medical malpractice. Mr. Monsees’ firm has received national recognition for litigation related to injuries from defective sporting equipment and from defective firearms.
Litigation Support - Mr. Monsees provides expert witness services for counsel representing injured parties. He addresses issues related to rules violations, time limits, discovery omissions, trial strategies, procedure, standard of care, and ethical violations.
This book is a great resource for personal injury victims, familiarizing readers with the general process and providing answers to commonly asked questions. Written by a personal injury attorney with more than thirty years of trial experience in this area, who has also handled cases in more than twenty-five states, this book summarizes the important considerations for personal injury victims. As an attorney who has worked both for, and now against, insurance companies and big corporations, the author poses and answers the questions you should ask before becoming a party to personal injury litigation.
Mr. V C Misra is a leading Forensic Handwriting, Finger Print and Document Examiner with over 21 years of experience. He has solved and given opinion on thousands of cases in India, UK, USA, Canada, Japan, Australia, Germany, Italy, France, Russia, South Africa and UAE.
Mr. Misra's Expertise Includes:
Examination of Handwriting, Signatures, Fraudulent Additions and Alterations
Approximate Age of Documents
Photo Static and Scanned Transplantations of Signatures
Traced, Freehand and Impersonation Forgeries
Denial of Normal or Disguised (Changed) Signatures
Body Writings on Account Opening Forms
Denial of Withdrawal of Money
Development of Latent Finger or Palm Prints from the Cheques
Bank Documents by Ninhydrin (Chemical) Method Used for Impression Sweat on Paper
Opinions on Folds
Sequence of Strokes and Distinction Between Inks
Insertion of Typed or Printed Matter
Fake Currency Notes
Credit Card Forgeries
Identification of Computer Typed Documents
Fake Seals and Rubber Stamps
Mr. Misra's Expert Opinion is Available in the Following Languages: English; French; German; Russian; Spanish; Hindi; Gujarati; Urdu; Marathi; Regional Languages of India or Abroad.
Air Force Police Bank of Tokyo Bechtel (India) Bennett & Coleman Birla Soft C.R.P.F. Delhi Police Delhi University Duncan Industries Electrolux I.C.I. Fertilizer IIT New Delhi & Kanpur
Industries & MNC's J & K Bank JNU New Delhi L.I.C. Main Detective Agencies Private Parties Punjab National Bank Skanska Standard Chartered Bank State Bank of India U.P. Financial Corporation U.P. Police
With training from Harvard, Yale, Columbia, and other top-tier institutions, Dr. Daniel Cousin is a dual-boarded fellowship-trained expert in Diagnostic Radiology in active clinical practice who offers same-day (<24 hr) turnarounds on radiology consultations.
Dr. Cousin has served as a Medical Director in private practice, and also as a Program Director for a residency program where he was responsible for teaching newly minted doctors to be radiologists. He has nearly two decades of experience in the field including both academic and private practices and both clinical and administrative positions. Dr. Cousin is currently the Clinical Director for BayView Radiology in Florida. He is board-certified by both the American Board of Radiology and also by the National Board of Physicians and Surgeons.
Litigation Support - Dr. Cousin is a pioneer in 4D demonstrative evidence, has an impressive lecturing and public speaking experience, presents well before juries, and has testified as an expert over 60 times in the last 4 years. As of 2021, his plaintiff defense split is approximately 50/50. Dr. Cousin offers Independent Medical Reviews (IMEs), Utilization Reviews, Medical Malpractice Reviews, Personal Injury Protection, Bodily Injury Reviews, Second Opinion Imaging Reviews, Re-Reads, and Worker's Compensation Reviews.
Marc Glickstein, MD, FACR, is a partner in a large private practice radiology group, on the senior medical staff of 8 area hospitals, and an assistant clinical professor of Radiology at University of CT School of Medicine. He has over 27 years of active clinical involvement in Neuroradiology, as well as General Radiology including MRI, Mammography, CT, and Ultrasound.
Dr. Glickstein is a Fellow of The American College of Radiology and a Past President and Officer of The Radiology Society of CT. He is the author of over 25 peer-reviewed articles.
Dr. Glickstein offers litigation support services to attorneys for both Plaintiff and Defense. He has testified as a medico-legal expert over 20 times in the past five years. With his medical background and experience in photography, Dr. Glickstein specializes in providing Medical Demonstrative Evidence to attorneys in personal injury and medical malpractice cases.
Areas of Expertise:
CT & CAT Scan
Demonstrative Evidence - medical
Personal Injury Evaluation
Education: MD, Yale University School of Medicine; University of Pennsylvania; Yale-New Haven Hospital; BA, Brandeis University.
Radiology is a critical component of most medical care. As a consequence of this, legal cases in which individuals are claiming injuries will frequently have imaging studies as a central aspect of the record. Demonstrative evidence can be used as an important instrument in helping to lay the proper foundation for creating a compelling and memorable argument in the presentation of a legal case
Florida Office: Andrew Avalon, PE, PSP Chairman & CEO 8633 Willow Kane Court Orlando, FL 32835 firstname.lastname@example.org T: (407) 445-0825 F: (407) 650-3399
Long International provides expert engineering and construction claims analysis, expert testimony, project management consulting, and insurance claims analysis services. 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.
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.
Construction projects involve risks. A well-structured construction contract allocates certain risks to the party that is best able to control those risks. Delay is a common risk that construction contracts allocate. A delay may increase costs for owners, contractors, and subcontractors to complete a project.
The purpose of this paper is to provide an explanation of the methodology and resources that Long International uses to arrive at its opinions on allocation of the responsibility for various problems, and the impact of those opinions on the parties’ entitlement to damages or extensions of the time of performance allowed under a Contract.
The equitable allocation of responsibility for project delays is essential to the resolution of many construction disputes. Contractors frequently assert that they have been delayed for reasons beyond their control. Owners often remain unconvinced that the Contractor is legitimately
Sound contract administrative practice requires keeping records in an orderly fashion and periodically reviewing those records, as needs dictate. While preparing and maintaining documentation involves effort, ready access to factual data affords management a variety of benefits. Conscientious record keeping can preclude confusion and subsequent disagreements, and, therefore, can help to prevent claims
Changes can occur on almost every project and they often lead to delays and other negative impacts to the schedule and cost of a project. Large and complex engineering, procurement, and construction (EPC) projects are particularly susceptible to the negative impacts caused by changes. Changes can cause delay and disruption to engineering, procurement, fabrication, transportation and delivery
Concurrent delay is a vexed and complex technical and legal issue. Construction contracts often do not expressly provide direction as to the parties’ agreement when there is concurrent delay. Most simply require the contractor to provide notice and specifics when an owner-responsible delay event occurs.
Most construction contracts require written notice for changes, differing site conditions, extra work, or other events which may affect the contractor’s time and cost of performance. The process of giving “notice” is vital to triggering the contract mechanisms that allow the contractor to pursue additional time and cost and to reserve its rights to recover for any unforeseen...
The COVID-19 pandemic has changed the internal and external project execution environments. The pandemic has caused impacts of varying degrees to nearly every aspect of projects involving the activity of people. Ordinary practices in the creation of project documentation are robust and are utilized to support the analysis of construction claims. Although project productivity losses may be demonstrable, providing compelling evidence and proof that the losses were caused by the pandemic may not be as easy to demonstrate.
An As-Built But-For Schedule Delay Analysis (ABBF) is a retrospective CPM schedule delay analysis technique that determines the earliest date that the required mechanical completion activity, project completion activity, or various milestone activities could have been achieved but-for the owner-caused compensable delays that occurred during the project.
Contractor’s claim submittals and expert reports are often deficient in proving causation, i.e., the cause-effect linkage. These claims generally outline the owner-caused impacts and separately calculate quantum; however, the two are often not linked in any meaningful way. Most claims are settled prior to a decision by a panel, court, or board, and therefore these deficiencies are not made apparent. Yet, a well-prepared claim document which includes a persuasive and accurate causeeffect analysis can greatly improve the contractor’s chances of a successful recovery, either through negotiations or in arbitration/litigation. This analysis is difficult and often costly to prepare, and is therefore not performed in many disputes, which may be the reason why the claims fail.
The leader of a corporation or project is the individual who must ultimately be willing to take responsibility for results. Within the context of an organization or team made up of individuals, it is the collective performance of the individuals, as a team, that defines the results of the whole. While it can be said that the best motivation is internal motivation as opposed to external motivation, the leader is ultimately the one responsible for creating the conditions where motivation can thrive.
Time is money especially on engineering and construction projects. Because delays in the completion of the project usually result in increased owner, engineer, and contractor costs, the overall time of performance is vital to the financial success of the project. The importance of time is evidenced by the significant role played by CPM schedules, completion dates, and milestones in the bidding and awarding of engineering and construction contracts. The desire to minimize costs and the time of performance often causes the occurrence of acceleration.
In the construction industry, it is largely agreed that overtime work adversely affects labor productivity. However, there is no universally accepted method for estimating the resulting loss of productivity, and many of the studies commonly used to estimate such losses have been subject to criticism by industry experts and the courts.
The Collapsed As-Built Windows Schedule Analysis (AACE® International Recommended Practice 29R-03, Method Implementation Protocol 3.9) is a modeled, subtractive, multiple-base method. It is a retrospective CPM schedule analysis which is typically used to prove entitlement for compensable delay and assess concurrency of delay within a window of time. The analysis simulates the as-built conditions within a schedule window and then delays are removed from the CPM model. If the forecasted project finish date “collapses” but-for or absent compensable delays, then entitlement for compensable time-related costs can be demonstrated. This article addresses the usage of the Collapsed As-Built Windows protocol and the advantages and disadvantages of the methodology.
The "discrete damages/cost variance analysis method" for quantifying construction claim damages involves the specific distribution of all costs incurred on the project rather than quantifying only certain parts of the cost or damage analysis as may be used in the other methods.
ABSTRACT - This paper provides guidelines to commercial construction cost engineers for the development of a plan for obtaining and utilizing subcontractor cost information for use in bidding, procurement, scheduling, change order management, and claim management. The paper is based upon personal field experience gained in cost engineering, scheduling, bidding, planning, contracting, and claim analyses.
A component of a construction claim often relates to the cost, quantity, and quality of the materials that the contractor installed on a project. The contractor frequently purchases these materials and agrees to install the quantities of materials on a unit price basis, i.e., a unit price that includes both the cost of the materials and the cost to install them.
Most construction contracts, whether they are standard or customized forms, usually contain specific provisions related expressly to the process of giving "notice." The notice generally refers to an obligation on the part of the Contractor to notify the relevant party administering the contract, normally the architect, resident engineer, or owner's representative, of a claim or change event that gives rise to possible additional entitlement for time and/or cost.
The equitable allocation of responsibility for project delays is essential to the resolution of many construction disputes. Contractors frequently assert that they have been delayed for reasons beyond their control. Owners often remain unconvinced that the Contractor is legitimately entitled to a time extension or delay, acceleration and loss of productivity damages.
Laurie Hoeltzel, PhDc, a Forensic Document Examiner, has studied handwriting examination and apprenticed under some of the leading court-qualified Forensic Document Experts in the United States. She spent 11 years serving her country in the United States Air Force, including three tours of duty in Iraq, while obtaining a Bachelors degree and Document Examination Certificates. Laurie Hoeltzel has been 100% court-qualified and her testimony has always been allowed.
Litigation Support - Ms. Hoeltzel has reviewed numerous signatures and handwritings, examined case documents, and rendered an opinion on cases in AZ, AL, CA, CO, DE, FL, GA, IN, IA, IL, KS, KY, LA, MI, MD, MO, NV, NJ, NM, NY, NC, NY, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, WV, WI, WA, Washington D.C.; Montreal & Quebec Canada; Freeport & Nassau, Bahamas. She is court-qualified and attorney-recommended. With over 20 years of experience, she is available for depositions and court testimony when necessary, Ms. Hoeltzel offers her expertise to counsel for both plaintiff and defendant NATIONWIDE!
Areas of Specific Training:
Distinguishing Forged Signatures Techniques
Factors that Affect Writing
Disputed Documents or Signatures Analysis on: Wills, checks, contracts, deeds, account ledgers, mortgages, loans, notary disputes, and medical records. Investigation and Analysis for: Questioned signatures, suspect documents, forgeries, identity theft, robo-signing, anonymous letters, bond authentication, alterations, obliterations, erasures, typewritten documents, altered medical records, graffiti, handwritten numbers, suicide notes, and computerized and handwritten documents.
George Reis is the president and owner of Imaging Forensics, Inc., and has been providing expert witness services and training in Forensic Image Analysis, Forensic Video Analysis, and Forensic and Technical Photography through Imaging Forensics since 2004. He is Certified in Forensic Photography and Imaging by the International Association for Identification, and is certified in Forensic Video Analysis by the Law Enforcement and Video Services Association (LEVA). He is a member of the editorial review board for the Journal of Forensic Identification.
Litigation Support - Mr. Reis has testified more than 80 times in depositions and in Federal, State, and Military Courts. He has provided training throughout the United States to individuals and agencies including the FBI, Secret Service, US Army Crime Lab; and internationally in England, Hong Kong, Singapore, Qatar, Canada, and Australia.
Mr. Reis worked from 1989 to 2004 at the Newport Beach Police Department in Southern California, as a forensic photographer, image analyst, crime scene investigator, and latent fingerprint examiner. He introduced digital imaging to that agency in 1992, making them one of the first law enforcement agencies in the world to utilize this technology.
Image Analysis Services:
Image and Video Analysis, Image and Video Authentication, Image and Video Enhancement, Comparative Analysis
Over 1,000 police agencies have taken advantage of digital imaging training by Imaging Forensics — either through regional workshops or in-house training. Imaging Forensics offers regional workshops throughout the United States as well as in-house training to meet the needs of your agency.
When attorneys get a copy of opposing counsel's expert reports, sometimes they are quite surprised by what they read - it's just bad science. And, in these cases they will then retain their own expert to counter, and possibly quash, the other experts opinion. I've been retained in numerous cases to do this, and I'll discuss four to illustrate the benefit this has, and to help illustrate the kind of work that I do.
I was recently retained on a civil case just a month before the trial date. When called about the case, I was told that the firm never thought of hiring a forensic photographer until one showed up in opposing counsel’s expert list. In this case, I needed to photograph the scene of an accident to depict what could be seen from a specific perspective, at a specific time of day, under specific lighting conditions.
My post on Synchronizing Video has generated a few comments related to image resolution. Three people, all of whom have a significant background in forensic imaging, have made rather divergent comments. Multiple topics are being addressed, from crime scene, accident and evidence photography to latent print photography to SWGFAST guidelines/requirements to the resolution of video security camera systems.
California Main Office: 793A East Foothill Blvd., #200 San Luis Obispo, CA 93405
Global Forensic Services, LLC (GFS) is a Forensic Consulting, Laboratory and Investigative Firm offering over 37 years of experience and training in a wide range of forensic science and private investigation disciplines.
Larry Stewart has personally examined tens of thousands of individual items of evidence from sources such as state, local, and federal agencies (e.g. Federal Bureau of Investigation, Secret Service, Bureau of Alcohol, Tobacco and Firearms, Central Intelligence Agency, and others), and foreign governments. On several occasions he has examined cases involving international disputes between governments.
Mr. Stewart has testified as an Expert Witness in state, federal and military courts of law, as well as in foreign court systems to include; Austria, Australia, Canada, Germany, Sri Lanka and Thailand. He has also testified at The Hague in the Netherlands and three times as an expert before the U.S. Congress.
This book can be purchased directly from the author, It covers the Document Examination profession, tools of the trade, documents defined, interviewing, examination, handwriting analysis, covert and overt investigations, and other related areas.