James I. Ebert, PhD, is a Certified Photogrammetrist (ASPRS) with over 31 years of experience in the analysis, evaluation, measurement, and mapping of data contained in ground-based and aerial photographs and other images (video, digital, etc.), in all areas of forensic investigations and litigation.
Dr. Ebert has an extensive background in preparing attorneys and their experts with the technical knowledge necessary to interpret and testify concerning Photographic and Mapped Evidence. Spanning all parts of the United States and Canada, he has worked on more than 500 cases of bite marks, injury patterns, accident scene mapping, footprints, fingerprints, tires prints, tire defects, product liability photo analysis, fire/arson evidence, bank/convenience store (with camera and ATM film), police excessive force, historical land claims and other litigation-related Aerial Terrestrial Photographs, and other evidential photographs.
Dr. Ebert is a court-qualified expert consultant in:
Introduction to Environmental Forensics, Second Edition, by Brian L. Murphy (Author, Editor), Robert D. Morrison (Author, Editor). helps readers unravel the complexities of environmental pollution cases. It outlines techniques for identifying the source of a contaminant release, when the release occurred, and the extent of human exposure. Written by leading experts in environmental investigations, the text provides detailed information on chemical "fingerprinting" techniques applicable to ground water, soils, sediments, and air, plus an in-depth look at petroleum hydrocarbons.
Archaeology is founded implicitly on the concept of the site, making a careful distinction between sealed sites—presumed to have complete temporal integrity—and the surface record, which is generally considered to be without chronological resolution. While most American archaeologists focus on reconstructing events and episodes at camps, pueblos, and villages, the authoer questions this distinction. Instead, he characterizes the archaeological record as an accumulation of many human events superimposed upon each other across time and distance.
John Afrides Photography is a full-service custom Demonstrative Evidence production firm specializing in litigation support for personal injury, products liability and medical malpractice attorneys. With 32 years' experience exclusively in the legal evidence field, Mr. Afrides has worked closely with both plaintiff and defense attorneys, experts, doctors and engineers and has worked on over 35,000 different cases. Services range from the creation of custom trial exhibits such as medical illustrations to day-in-the-life videos.
“Our full-service facililty and expert team is able to produce anything from huge trial exhibits 40”x100’ to 5x7 prints. Our state-of-the-art equipment enables us to digitize radiologic films at the highest resolution, capturing every nuance. This is especially critical with mammograms where the detection of breast cancer can be subtle.” “We take the evidence and create a concise simplified demonstrative that highlights the key points of the case.” “All work is done in-house” explains Mr. Afrides.
Mr. Afrides has a background in legal evidence photography and has been a Certified Legal Video Specialist (CLVS) since 1995 (through the NCRA). He also specializes in videotaped depositions, day-in-the-lives, settlement videos and discovery and inspections. Other credentials include lecturing at St. John’s University and at the NY State Judge’s Conference. He is frequently requested to provide expert testimony and do presentations in court. These presentations include video, audio, E-film, 3D and TrialDirector/Powerpoint with all equipment provided.
Also specialized in photo documentation of construction defects utilizing blueprints and building diagrams. High accuracy instruments used to record leveling, squareness and tolerances to 64" or smaller.
#1 "Best Demonstrative Evidence Provider" 8 years running NY Law Journal.
Long International provides expert engineering and construction claims analysis, expert testimony, project management consulting, and insurance claims analysis services. Our focus is on heavy industrial projects including oil and gas, petroleum refining, petrochemical, chemical, mining/mineral processing, power, cogeneration, and other industrial projects. We analyze claims, not limited to, disputed change orders, schedule delay, acceleration, time extensions, liquidated damages, loss of productivity, defective specifications, and deficient project management performance.
Richard J. Long, P.E., P.Eng., Founder and Chief Executive Officer of Long International, has over 50 years of U.S. and international consulting experience involving construction contract disputes analysis and resolution, arbitration/litigation support and expert testimony, project management, engineering/construction management, cost and schedule control, and process engineering. As an internationally recognized expert in the analysis and resolution of complex construction disputes for over 35 years, Mr. Long has served as the lead expert on over 300 projects having claims ranging in size from US$100,000 to over US$2 billion. He has presented and published numerous articles on claims analysis, entitlement issues, CPM schedule and damages analyses, cumulative impact claims, and claims prevention.
Rod C. Carter, CCP, PSP is President of Long International and has over 20 years of experience in construction project controls, contract disputes and resolution, negotiations, mediation, arbitration support, and expert testimony on scheduling, loss of productivity, and quantum issues. He has experience in entitlement, schedule, and damages analyses on over 30 construction disputes ranging in value from US$100,000 to US$7 billion, related to oil and gas, oil refinery, LNG, heavy civil, nuclear, environmental, chemical, power, industrial, commercial, and residential construction projects. Mr. Carter is proficient in the use of Primavera P6 and P3 software, and he has extensive experience in assessing the impact to engineering and construction works of RFIs, change orders and other events. Mr. Carter specializes in loss of productivity, cumulative impact, and quantum calculations, and had a lead role in assessing damages on more than a dozen major disputes. In addition, Mr. Carter has developed cost and schedule risk analysis models using Monte Carlo simulations to address the uncertainty of estimates and claims.
Michael J. Vallez, P.E., MBA, LEAN SIX SIGMA is a Senior Principal with Long International and has over 40 years of hands-on and leadership experience in project management, engineering/construction management, cost and schedule control, change management, claims, and dispute resolution. He has served in executive management roles for both the owner and contractor working on world-class oil and gas, power, and international mining projects. Mr. Vallez has a proven ability to organize, integrate and manage the work of multi-disciplined technical specialists and project construction teams to achieve corporate financial goals and objectives of return on investment, safety, operational performance, cost, and time. In all, he has provided leadership on several billion dollars’ worth of projects in the chemical, heavy civil, mining, power, oil and gas, industrial, and commercial sectors. Mr. Vallez has written several books on the subjects of construction management, safety, and effective project leadership.
Most construction contracts require written notice for changes, differing site conditions, extra work, or other events which may affect the contractor’s time and cost of performance. The process of giving “notice” is vital to triggering the contract mechanisms that allow the contractor to pursue additional time and cost and to reserve its rights to recover for any unforeseen...
The COVID-19 pandemic has changed the internal and external project execution environments. The pandemic has caused impacts of varying degrees to nearly every aspect of projects involving the activity of people. Ordinary practices in the creation of project documentation are robust and are utilized to support the analysis of construction claims. Although project productivity losses may be demonstrable, providing compelling evidence and proof that the losses were caused by the pandemic may not be as easy to demonstrate.
An As-Built But-For Schedule Delay Analysis (ABBF) is a retrospective CPM schedule delay analysis technique that determines the earliest date that the required mechanical completion activity, project completion activity, or various milestone activities could have been achieved but-for the owner-caused compensable delays that occurred during the project.
Contractor’s claim submittals and expert reports are often deficient in proving causation, i.e., the cause-effect linkage. These claims generally outline the owner-caused impacts and separately calculate quantum; however, the two are often not linked in any meaningful way. Most claims are settled prior to a decision by a panel, court, or board, and therefore these deficiencies are not made apparent. Yet, a well-prepared claim document which includes a persuasive and accurate causeeffect analysis can greatly improve the contractor’s chances of a successful recovery, either through negotiations or in arbitration/litigation. This analysis is difficult and often costly to prepare, and is therefore not performed in many disputes, which may be the reason why the claims fail.
The leader of a corporation or project is the individual who must ultimately be willing to take responsibility for results. Within the context of an organization or team made up of individuals, it is the collective performance of the individuals, as a team, that defines the results of the whole. While it can be said that the best motivation is internal motivation as opposed to external motivation, the leader is ultimately the one responsible for creating the conditions where motivation can thrive.
Time is money especially on engineering and construction projects. Because delays in the completion of the project usually result in increased owner, engineer, and contractor costs, the overall time of performance is vital to the financial success of the project. The importance of time is evidenced by the significant role played by CPM schedules, completion dates, and milestones in the bidding and awarding of engineering and construction contracts. The desire to minimize costs and the time of performance often causes the occurrence of acceleration.
In the construction industry, it is largely agreed that overtime work adversely affects labor productivity. However, there is no universally accepted method for estimating the resulting loss of productivity, and many of the studies commonly used to estimate such losses have been subject to criticism by industry experts and the courts.
The Collapsed As-Built Windows Schedule Analysis (AACE® International Recommended Practice 29R-03, Method Implementation Protocol 3.9) is a modeled, subtractive, multiple-base method. It is a retrospective CPM schedule analysis which is typically used to prove entitlement for compensable delay and assess concurrency of delay within a window of time. The analysis simulates the as-built conditions within a schedule window and then delays are removed from the CPM model. If the forecasted project finish date “collapses” but-for or absent compensable delays, then entitlement for compensable time-related costs can be demonstrated. This article addresses the usage of the Collapsed As-Built Windows protocol and the advantages and disadvantages of the methodology.
The "discrete damages/cost variance analysis method" for quantifying construction claim damages involves the specific distribution of all costs incurred on the project rather than quantifying only certain parts of the cost or damage analysis as may be used in the other methods.
ABSTRACT - This paper provides guidelines to commercial construction cost engineers for the development of a plan for obtaining and utilizing subcontractor cost information for use in bidding, procurement, scheduling, change order management, and claim management. The paper is based upon personal field experience gained in cost engineering, scheduling, bidding, planning, contracting, and claim analyses.
A component of a construction claim often relates to the cost, quantity, and quality of the materials that the contractor installed on a project. The contractor frequently purchases these materials and agrees to install the quantities of materials on a unit price basis, i.e., a unit price that includes both the cost of the materials and the cost to install them.
Most construction contracts, whether they are standard or customized forms, usually contain specific provisions related expressly to the process of giving "notice." The notice generally refers to an obligation on the part of the Contractor to notify the relevant party administering the contract, normally the architect, resident engineer, or owner's representative, of a claim or change event that gives rise to possible additional entitlement for time and/or cost.
The equitable allocation of responsibility for project delays is essential to the resolution of many construction disputes. Contractors frequently assert that they have been delayed for reasons beyond their control. Owners often remain unconvinced that the Contractor is legitimately entitled to a time extension or delay, acceleration and loss of productivity damages.
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
Coordinate with the Best Accident Reconstruction and Human Factors Experts for Technical Accuracy
PAUL KAYFETZ, INC. frequently helps plan complete technical testing, visibility study, computer simulation and demonstrative evidence strategy - coordinating a group of technical witnesses who are independently retained by counsel. This is requested by many clients because of Mr. Kayfetz' track record, his previous career as an attorney, his extensive contact with top experts from his 40 years experience as an Engineering Photography consultant working with the best forensic witnesses on many of the major cases during those decades, and upon his membership and participation in major engineering societies.
Each year. Mr. Kayfetz helps attorneys win and save hundreds of millions of dollars in verdicts and settlements. This results primarily from his experience and expertise. It also stems from his ability to discover measurements from existing photos. PAUL KAYFETZ, INC are ahead of everyone in their field because they invest in HD cameras costing $250,000 each, six figure computer systems, custom engineering computer programs, and staff engineers - not artists.
A major part of their work is evaluating and keeping out of evidence opponents' forensic photography, computer simulations, or computer animations which do not comply with the rules of evidence. This has swung multi-million dollar results several times in recent years.
The explanation then given is a basic, but little understood, fundamental of the presentation of a visibility study in court. A visibility study depicts what is available to be seen by a person with normal, unimpaired vision under defined conditions similar enough to those at issue to provide relevant information about levels of visibility, lines-of-sight, timing of visibility, and to demonstrate expert witness(es)' opinions.
Jurors jumped as the wild boar in the motorcycle headlights suddenly filled the large screen in front of them.A week later they awarded the motorcyclist several million dollars against Caltrans for not mitigating a chronic wild pig problem on Highway One in Monterey County. The jury found that the motorcyclist had a 0.10 blood alcohol level and was negligent, but that our HD-video visibility study showed that even an unimpaired driver could not have seen the pig in time to avoid it.
The objective of this article is to report on the integration of improved video and related computer technology into existing, long-accepted visibility study preparation and presentation methodologies. The result has been an incremental extension of the types of visual environments which can be reproduced with substantial similarity for admission as visibility evidentiary exhibits in court
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 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 ASTM standards. His laboratory is well-equipped and 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 the 1980s, 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. 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."
Quality Forensic Engineering, LLC is a full-service forensic engineering and accident reconstruction firm, providing engineering support to clients in the areas of collision reconstruction, premises liability, and product liability. With over 20 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. Our forensic engineers are mobile, supporting clients throughout the U.S. Headquartered in Tallahassee, Florida with a satellite office in Jacksonville, Florida, we look forward to serving you.
Dr. Brian Pfeifer, P.E.,
With over 20 years of experience investigating and testifying in cases involving a variety of forensic engineering issues, Dr. Pfeifer is a leading expert in accident reconstruction, roadside safety, maintenance of traffic, and 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 and terminals, vehicle storage systems, shipping container handling systems, and material handling and storage methods.
Dr. Pfeifer has published numerous papers to various organizations including the Transportation Research Board and Port Technology International, covering topics ranging from new guardrail systems, energy-absorbing guardrail terminals, and breakaway mechanisms incorporated in traffic signs to material handling technology. Dr. Pfeifer’s expertise has been shared with many organizations such as the Florida Justice Association, Palm Beach County Justice Association, American Bar Association, Defense Research Institute, and Alabama Defense Lawyers Association with presentations he’s made on topics including vehicle collisions, bicycle accidents, roadway constructions zones, and accident reconstruction expert witness utilization.
Dr. Pfeifer is a registered Professional Engineer in three states and stays current with learning new technology in the field of forensic engineering. He has refined his skills and knowledge of accident reconstruction and roadside safety by taking dozens of continuing education courses over the span of his career.
Tractor / Trailer Collisions
Black Box Analysis
Product Failure Analysis
Maintenance of Traffic (MOT) evaluation
Restraint System Analysis
Ms. Traci Campbell, P.E., CXLT,
Ms. Campbell is an Industrial engineer with specialties in industrial accident reconstruction, including slip, trip, and fall analysis, human and environment interaction, forklifts, applicable standards and guidelines, and workplace-safety issues. Her expertise also includes vehicular accident reconstruction involving automobiles, trucks, tractor-trailers, and recreational vehicles, as well as, product failure analysis.
Slip / Trip / Fall
Retail Facility Safety
Human and Environment Interaction
ANSI / ASTM / Building Codes
Guarding & Warnings
Forklifts and Construction Equipment
Theme Parks / Recreation Safety and Facilities
Tractor / Trailer Collisions
Airbag and Black Box Analysis
Product Design / Failure Analysis
Mr. Chris Yates, P.E.,
Mr. Chris Yates, P.E., is a Mechanical Engineer with specialties in accident reconstruction, including electronic module downloads for both automobile airbag modules and tractor-trailer electronic control modules. His expertise includes auto accidents, tractor-trailer accidents, bicycle accidents, pedestrian accidents, and other roadway accidents. His expertise also includes seat belts, occupant kinematics, product failure analysis, and other general engineering issues.
Bryan Neumeister, CEO of USA Forensics, is a court certified Audio and Video Forensic Expert. Mr. Neumeister has over 34 years of professional experience Clarifying Videos, Still Pictures (film and digital), and Audio Recordings so that jurors can better see and hear evidence. With studios and forensic equipment more advanced than most Federal Agencies, he is able video to large format still pictures for use as Exemplars.
Mr. Neumeister presents high resolution video in court to explain Procedure or Evidence of Tampering to juries. Using 3D Sonograph and Spectrograph printouts, he can also spot and visually explain the “altering of tapes." His Video Recreations have been honored at the Canne Film Festival and have received 39 Emmy Awards from the National Association of Television Arts and Sciences for Technical Excellence.
Mr. Neumeister has worked on over 200 Forensic Cases since 2010. His non-military court cases include: RICO, Murder, Murder for Hire, Fraud, Robbery, Armed Robbery, Assault with a Deadly Weapon, Arson, Kidnapping, Bank Robbery, DUI, DWI, Civil Cases...etc. He is certified in Military, Federal, State, Civil, and Aviation court.
Large Cases include:
US Government vs. Charles Keating - Retained as Video Expert
State of Arizona vs. Jodi Arias - Retained as Audio and Photography Expert
US Grand Jury: The Hope Steffy Case – Video Expert
US Government vs. Charles Keating III - Retained as Video Expert
US Federal Government vs. State of AZ. - King Case as Video Expert
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).