James T. Geier is an independent consultant, author, and entrepreneur with 40 years experience planning, designing, analyzing and implementing Mobile Devices, Communications Systems, and Wireless Networks. Mr. Geier is the author of over a dozen books on mobile and wireless topics including, Designing and Deploying 802.11n Wireless Networks (Cisco Press), Implementing 802.1X Security Solutions (Wiley), Wireless Networking Handbook (New Riders), and Network Re-engineering (McGraw-Hill). Mr. Geier has been an active participant within IEEE standards organizations, such as the IEEE 802.11 Working Group, and the Wi-Fi Alliance. He has served as Chairman of the IEEE Computer Society, Dayton Section, and various conferences.
Litigation Support - James Geier has been an expert witness, written expert reports, been deposed, and testified in court as an expert during numerous patent litigation cases involving communications systems and protocols, Bluetooth, Wi-Fi, security, encryption, authentication, IoT, transmit power control, network addressing, transmission protection (CTS-to-self), transmission priority, quality of service (QoS), frequency hopping, multi-modal radios, OFDM, application data updates, sensor networks, and location technologies. Mr. Geier has provided the following services dealing with patent litigation:
Patent Invalidity / Validity Analysis
Infringement / Non-infringement Analysis
Patent Claims Interpretation and Analysis / Claim Construction
Gain a practical understanding of the underlying concepts of the 802.11n standard and the methodologies for completing a successful wireless network installation. Practical, start-to-finish guidance for successful deployment of 802.11n wireless LANs. With the ratification of the 802.11n wireless LAN standard, thousands of companies are moving rapidly toward implementation.
You know it's essential, and you've heard that it can be tricky implementing the 802.1x standard. Here is a road map that will enable you to approach 802.1x implementation with confidence so that you can conduct successful implementation of 802.1x in both wired and wireless networks. Complete with step-by-step instructions, recommendations to help you choose the best solutions, and troubleshooting tips, it lets you benefit from the experience of others who have met the challenge.
Dr. Tal Lavian holds a Ph.D. from the University of California, Berkeley, in Computer Science, specializing in Networking and Communications. He is an expert in network communications, telecommunications, Internet Protocols (TCP/IP), LAN/WAN, Streaming media, VoIP, mobile wireless, and Internet/Web technologies. He has over 30 years of experience, has invented over 120 patents, and has co-authored over 25 scientific publications. For 20 years, Dr. Lavian has researched, studied, and lectured at UC Berkeley Engineering. He has served as an industry fellow and lecturer with UC Berkeley’s Industrial Engineering IEOR, Berkeley Engineering’s SCET, UC Berkeley’s start-up accelerator, and SkyDeck, as principal investigator for CRadar.Ai and CTO for Aybell.
Areas of Expertise:
Network Communications - Telecommunications - Internet Protocols (TCP/IP) - VoIP - Streaming Media - Mobile Wireless:
Communication Networks: Internet protocols; TCP/IP suite, TCP, UDP, IP, Ethernet, 802.3, network protocols, network software applications, data link, network, and transport layers (L2, L3, L4), packet switching, data center network architecture.
Mobile Wireless: Wi-Fi, 802.11, Bluetooth, MAC, PHY, Wireless LAN (WLAN). Cellular systems, SMS, instant messaging (chat), mobile devices, and smartphones.
Internet/Cloud: Internet Technologies, Web applications, HTTP, e-mail, SMTP, POP, IMAP, Java, C/C++, file transfer FTP, client-server, cloud computing, distributed computing.
Routing/Switching: LAN, WAN, VPN, routing protocols, RIP, BGP, MPLS, OSPF, multicast, DNS, QoS, network infrastructure, and network communication architectures.
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.
Shawn H. Malone, CISSP, CTPRP, CTPRA, is an award winning Information Security and Cyber RiskExpert. He has over 35 years of experience delivering Cybersecurity Solutions and Third-Party Risk Management Programs to the financial services, insurance, consulting / advisory, and defense industries.
Mr. Malone has degrees in Electrical Engineering Technology and Network Security. He co-developed industry leading Third Party Risk Management professional certification. He is a Certified Information Systems Security Professional (CISSP), Certified Third Party Risk Professional (CTPRP) and Certified Third-Party Risk Assessor (CTPRA).
Litigation Support - Shawn Malone provides effective consulting and advisory support including expert witness services in Cybersecurity and Third Party Risk matters. His service are available to attorneys for plaintiff and defendant and include high quality reports, depositions, and trial testimony.
Since 1988, Real-World Forensic Engineering, LLC ("RWFE") has provided engineering services to industries and government labs, as well as litigation support to both plaintiff and defense attorneys practicing in many areas.
RWFE Areas of Expertise Include:
Components & Machinery
Metallurgy & Corrosion
Dynamics of Impact & Collisions
Friction Analysis / Slips, Trips and Falls
Intellectual Property & Patent Review
Accident Reconstruction / Animation
Computer Aided Design
Education & Training
Electrocution & Switch Malfunction
Grounding & Lightning Protection
Lightning Impulse Testing
Products and Premises Liability & Safety
High-Voltage & Current Power Systems
Bridge Design and Safety
Fire & Explosion Cause and Origin
And Much More...
At RWFE, we proudly distinguish ourselves by our Four C's:
B.S., M.S., M.Eng., M.B.A., J.D., and Ph.D. Degrees Licensed Professional Engineers in Mechanical, Electrical, and Civil Engineering Tenured University Professors and Professionals NAFI Certified Fire and Explosion Investigators (CFEI) Licensed Master Electricians
Over 80 Combined Years of Experience in Engineering R&D, Industry, Academia, Consulting, and Expert Witness Litigation Support Over 120 Combined Deposition and Court Testimonies
Internationally Recognized in Our Areas of Expertise More Than $19 Million in Peer-reviewed and Funded Research Grants Over 200 Combined Scientific Publications and Journal Articles
Over 20 Different Undergraduate and Graduate-level University Courses Over 30 Invited Short Courses, Talks, and Lectures
Expert Background: Dr. Thomas L. Read is the Principal and CEO at A. Read Consulting, LLC. He received his PhD. from Stanford University in 1972 and has over 25 years of manufacturing experience in electronics, metallurgy, factory safety, failure analysis, glass fracture, glass failure and bottle failure. As a member of the electronics industry, he has earned process patents and has an extensive background in manufacturing techniques.
In parallel, Dr. Read has spent over twenty five years as a consultant to attorneys and engineers. He has given more than 100 depositions and has appeared in court numerous times.
Company Profile: Read Consulting, LLC is a full service laboratory providing services in the following areas:
Failure Analysis; Factory Safety and Personal Injury (including machine guards and manufacturing safety)
When this type of valve is open a rubber seal around the valve stem prevents leaking. In this case, the poly acetate stem deteriorated due to the presence of hot chlorinated water This allowed water to leak out. Over time the leak rate increased.
Read Consulting Failure Analysis Laboratory was engaged to determine the cause of failure of two titanium surgical screws used in corrective back surgery. These were both 6.5 mm diameter, 40mm long screws that were surgically implanted. in a patient, and they subsequently failed.
The fatigue failure initiated on the outside bottom where the carafe had been scratched with the abrasive scrub pad. As a result of cyclical thermal shock (between 195°C and 15°C), the cracks grew progressively till it reached a critical length. Glass thickness at the origins is approximately 3 mm. One failed after 12.
The annealed borosilicate glass pie plate failed as a result of “thermal shock”. There were multiple origins for the failure, and these all initiated at damage sites on the bottom of the Pyrex baking dish. It appears that the bottom of the pie plate was convex. Thus, setting the dish down and moving it on hard (abrasive) surfaces such as tile or granite counters created bottom “rim” damage.
During normal operation, the arm on an automatic wafer test station failed. Root cause failure analysis determined that the drive shaft on the right angle gear motor used to raise and lower the manipulator arm had failed first.
This grinding wheel was part of a product liability and personnel injury case. It was claimed that the subject wheel had unexpectedly failed (i.e. flown apart) and an escaping piece had hit the plaintiff in the face causing serious injuries. According to the user, the grinder with the wheel was purchased approximately one hour before the grinding wheel failure.
A failed plastic lawn chair was examined to determine the cause of failure. This chair failed on the premises of a restaurant In this study the subject chair is examined and compared to several exemplar purchased at the same time. The objective of this study is to determine the cause of failure.
Glass Failure Analysis Expert Witness performs a failure analysis of a several tempered glass doors that had "spontaneously" failed at a construction site. The objective of this glass failure analysis is to determine the cause of failure and make recommendations to the contractor.
Before expending the effort necessary to reverse engineer a device or object, it must be definite that the object under study is not covered by one or more patents. This avoids a dispute over patent violations. Once it has been established that no patent coverage exists, one can use multiple techniques to reverse engineer a product. These are summarized below:
The cracked tank was first inspected in the "as received" condition. In this condition it was cracked, but it was still whole. Next, the failed tank was separated by pulling it apart. This was done to expose the fracture surfaces of the main crack. This allowed for a complete failure analysis and for a determination of where the crack initiated.
Glass fractography is the most effective method for determining why a glass object, such as a bottle, failed. This technique consists of examining the fracture surfaces of the failure for artifacts such as Wallner lines and using them to trace the crack back to its origin. Once the origin has been identified, it can be examined in detail with a microscope to determine the cause of the failure.
Note: Glass Fractography is the most effective method for determining why a glass object, such as a bottle, failed. This technique consists of examining the fracture surfaces of the failure for artifacts such as Wallner lines and using them to trace the crack back to its origin
Rapperport Associates, Inc., provides exceptional capability in Failure Analysis, Fire and Explosion Investigation, Accident Reconstruction, Structural Analysis, Mechanical and Electrical Engineering, Metallurgy and Materials Science. We have provided superior technical support for litigation since 1974, and possess an extraordinarily talented technical team with impeccable academic and industrial credentials and proven analysis capability. Our team of distinguished scientists and engineers is drawn principally from Massachusetts Institute of Technology (M.I.T.) and Stanford University.
Robert O. Peruzzi, PhD, PE, DFE is a Licensed Professional Electrical Engineer with a focus on electronic and electro-mechanical systems and mixed-signal integrated circuits (silicon chips). He provides expert witness services to both plaintiff and defense counsel in matters regarding intellectual property, patents, failure analysis, product liability, injuries, and product specifications. Areas of expertise include:
Behavioral Modeling and Verification
Analog and Mixed-Signal Integrated Circuits
Communications and Control Systems such as:
Internet of Things (IOT) systems
Audio amplifiers and recording systems
Telephones, mobile phones, cell phones
Voltage regulators, battery chargers, and Lithium-ion battery management systems
Data transmitting/receiving systems such as serializer/de-serializers (SERDES)
Radio transmitters/receivers and components such as amplifiers, filters, oscillators, frequency synthesizers and phase-locked loops
Traffic light control and emergency preemption systems
Remote control systems for hobbyist aircraft and vehicles
Pressure sensors for reading depth of fluid column
Quality Forensic Engineering, LLC is a full-service forensic engineering firm, providing engineering support to clients in the areas of accident reconstruction, biomechanics, fire investigations, patent litigation analysis, premises liability, product liability, and tire failure analysis. We use the latest technology and industry proven techniques to provide thorough analysis and conclusions for the most difficult engineering questions. Our forensic engineers support clients throughout the U.S. Our locations include Tallahassee, FL; Jacksonville, FL; Tampa, FL; New Orleans, LA; San Diego, CA; and Tucson, AZ.
Dr. Brian Pfeifer, PhD, PE - 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 seven 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. See Full Bio & CV.
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
Dr. Ian M. Zeller, PhD, ACTAR, is an accomplished engineer with more than 10 years of experience in Biomechanics and Computational Dynamics fields. He has investigated hundreds of cases ranging from motor vehicle accidents, recreational incidents, medical device designs, as well as injuries from product liability all across the United States.
Dr. Zeller has graduate level experience in computational dynamics and orthopedic biomechanics with a specific emphasis in dynamics, vibrations, joint contact mechanics, and muscle control during static and dynamic loading applications. Dr. Zeller’s past research includes clinical and computational analysis of the human body with respect to the design and implantation of orthopedic devices for the knee, hip, and spine. He has published in peer-reviewed journals and presented research at both technical and surgical conferences in North America, Europe, and Asia. Dr. Zeller also worked with surgeons across the United States in the design and assessment of knee replacement devices, including personalized and prototype devices to optimize for efficacy and safety.
Dr. Zeller is also accredited as a traffic accident reconstructionist and continues to conduct research as well as maintain a current knowledge of developing trends and best practices in the biomechanics and engineering fields. Dr. Zeller has published to various organizations on topics ranging from knee replacement design, forward solution modeling, joint mechanics, personalized joint replacements, material structures and properties as well as biological modeling of disease distributions. He also has an extensive testifying history including depositions, trials, and arbitrations.
Michael R. Hill, PhD, PE, is a Biomechanical Engineer passionate about applying biomechanics techniques to solve diverse problems in forensics, medical research, engineering, biology, science, and mathematics. He is an expert in experimental, theoretical, and computational Tissue Biomechanics, with a focus on injury mechanisms, human tissue damage, and nonlinear soft tissue mechanics.
Dr. Hill’s core strengths are in orthopedic and cardiovascular biomechanics, vehicle accident reconstruction, injury consistency analysis, mechanical design, instrumentation, experimental analysis, numerical methods, simulation, statistics, and image processing. Dr. Hill has lectured in the field of biomechanics and numerical methods, and his research has been published in 16 academic articles and presented at 40 international and national scientific conferences.
Dr. Kanellakopoulos is a technology leader with 25+ years of experience in R&D and engineering management in both academia (former UCLA Professor of Electrical Engineering) and industry, and a seasoned expert witness with a perfect success record.
He has designed and built telecom products such as DSL and Carrier Ethernet hardware and software, as well as a prototype fully automated electric vehicle. He has conducted applied research in adaptive control of nonlinear systems, with applications to automotive driver assistance systems (adaptive cruise control, blind-spot monitoring, vehicle collision avoidance) and active suspensions. He has significant experience with international telecommunication standards (ITU-T SG15/Q4), and has directed collaborative projects with several automotive/truck manufacturers and vendors (Ford, Mercedes-Benz, DaimlerChrysler, Freightliner, Gentex, Visteon).
He has significant experience as an expert witness in patent infringement(including IPR) and product liability cases in the automotive and telecommunication areas; the vast majority of his cases have resulted in a win or a very favorable settlement for his clients. In 2017, he was the lead expert witness in a product liability case against Nissan that resulted in a $25M jury award for his clients; this decision was later upheld on appeal. His deep technical expertise allows him to analyze patents and products in detail, and explain clearly (in expert reports, depositions, and court testimony) the main issues that the judge and jury need to internalize in order to comprehend the essence of the case. His extensive educational experience allows him to help judges and jurors understand the topic they are dealing with, instead of confusing them with unnecessary technical details.
After all, it takes excellent teaching skills and a deep understanding of a complex technical concept to convey the essence of that concept to non-experts without talking down to them.
Using a pedagogical style along with detailed proofs and illustrative examples, this book opens a view to the largely unexplored area of nonlinear systems with uncertainties. The focus is on adaptive nonlinear control results introduced with the new recursive design methodology--adaptive backstepping. Describes basic tools for nonadaptive backstepping design with state and output feedbacks.
Abstract: A systematic procedure for the design of adaptive regulation and tracking schemes for a class of feedback linearizable nonlinear systems is developed. The coordinate-free geometric conditions, which characterize this class of systems, do not constrain the growth of the nonlinearities. Instead, they require that the nonlinear system be transformable into the so-called parametric-pure feedback form...
Mobile Wireless Technology Expert Witness Jacob Sharony
Jacob Sharony, PhD, MBA, has over 25 years of experience in Mobile and Wireless Technologies. He is currently an adjunct professor at Columbia University, teaching wireless technologies and applications. He also served as a faculty member of the electrical and computer engineering department and director of the Center of Excellence in Wireless and Information Technology at Stony Brook University. Dr. Sharony held engineering and management positions in diverse technology disciplines at Time Warner Cable, Motorola, BAE Systems, NEC Research Institute, and IBM Research. He has over 50 US patents (pending and issued) and has served on several government expert panels.
Litigation Support - Dr. Sharony provides Patent and Class Action litigation support and expert consulting in mobile and wireless technologies. This includes patent infringement and invalidity analysis, FRAND analysis, writing expert reports, and deposition, and testimony in court. His deep knowledge of target markets, including telecom, healthcare, logistics, transportation, government, hospitality, mobile commerce and supply chain management, combined with extensive expertise in wireless and mobile technologies ensure innovative and successful solutions.
Lloyd Marks, MD, MBA, FACC, is an MIT trained Electrical Engineer, Johns Hopkins trained Pediatric Cardiologist, and Inventor. Always active in both medicine and medical engineering, Dr. Marks has been granted 22 Medical Device Patents. He currently gives advice to academic institutions, investors, and corporations regarding the commercialization of medical technology.
Background Experience - Dr. Marks was in academic medicine for 15 years, as the Director of the Cardiac Cath Lab at St. Christopher's Hospital for Children and the Division Chief of Pediatric Cardiology at the Children's Hospital of New Jersey. He was then in private practice for 18 years. In 1997 he opened his clinical practice, specializing in Pediatric and Adult Congenital Heart Disease, where he provided clinical evaluation, electrocardiography, echocardiography, stress testing, Holter/event monitoring, diagnostic cardiac catheterization, and interventional cardiac catheterization.
After closing his clinical practice in 2015, Dr. Marks went to business school and obtained an MBA from the Haslam School of Business, University of Tennessee. While there, he wrote a business plan with financial projections for his startup company, MGI Medical, LLC, commercializing a non-invasive patient monitor for the detection of post-operative bleeding. Dr. Marks has successfully licensed 9 of his inventions to industry and assigned 8 to MGI.
Litigation Support - With his unique background in the field of medical device commercialization, Dr. Marks has been involved in protracted Patent Infringement litigation with a successful outcome. He is adept at explaining to a jury in lay terms complex medical technology and terminology, ranging from MRI readings to the difference between "clinical" and "statistical" significance. Dr. Marks' cases include all matters pertaining to:
Pediatric Cardiology Medical Malpractice
Medical Devices Standard of Care
Intellectual Property Protection
Areas of Expertise:
Medical Devices / Medical Monitors
Cardiology / Pediatric Cardiology
Medical Record Review
Medical Technology IP, Patents, Licensing, Royalties
[Inventor] has developed a highly accurate robotic phlebotomy device. It was first described in 2013. The current version of the device uses ultrasound guidance and 3D near-infra-red (NIR) stereoscopy markedly improve accuracy. (The technology is patent pending).
Matthew J. Hartley is a noted expert in Lighting, Lighting Design, Product Development, AGI32, and Photometry He has been in the Lighting Industry since 1995. In that time, he has held positions in design, product management, customer service, and design engineering. Mr. Hartley has been employed by manufacturers, lighting software companies, and lighting agencies. He has immersed himself in different facets of the industry including indoor and outdoor lighting, safety and security, lighting and human health, and lighting standards.
Mr. Hartley has been involved with several standard writing committees within the Illuminating Engineering Society of North America, producing over six standard documents. Since 1999, he has taught Lighting and Lighting Design to diverse groups, from students to seasoned lighting professionals.
Litigation Support - With such diverse experience, Matthew Hartley brings a unique perspective to the legal industry. His has field experience with commissioning, field survey and verification, and troubleshooting of field designs and equipment issues. Mr. Hartley's services are available nationwide to attorneys representing plaintiff and defendant and include site reviews, written reports, depositions, and trial testimony as needed.
Florida Office: Andrew Avalon, PE, PSP Chairman & CEO 8633 Willow Kane Court Orlando, FL 32835 email@example.com T: (407) 445-0825 F: (407) 650-3399
Long International provides expert engineering and construction claims analysis, expert testimony, project management consulting, and insurance claims analysis services. 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.
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.
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.
LECS (UK) Limited is an International Engineering Firm specializing in Lifts, Escalators, Facade Access and Funiculars (cable cars). With over 20 years of trading history, their specialized engineers are qualified, experienced and carry full professional insurances. Members of the engineering team have all worked for major contractors and have held positions including Senior Engineer, Project Manager and Commissioning / Test Engineers. As a result, LECS has over 150 years of accumulated experience within the key staff of the engineering team and currently employs 10% of the world’s graduates of the MSc in Lift Engineering from the University of Northampton.
LECS (UK) Limited is a member of independent bodies such as ACE, BSI and ConstructionLine. They have an accredited Quality Assurance scheme to ISO 9001 (2008) and are regularly audited. They provide services for many market sectors including overseas projects, hotels, retail, commercial health, local authority and heritage. The engineers at LECS (UK) have extensive experience as Expert Witnesses and Consultants in litigation involving lifts and escalators. Their services include preparing expert reports in accordance with Regulation 35 of the Civil Procedure Rules and also in Criminal cases. They are also available for adjudication and arbitration cases. LECS (UK) expert witness services have been called on in overseas situations including Gran Canaria, Dubai, Hong Kong, Spain and Turkey.