Materials Failure Analysis Expert Witnesses: 22

Randy Phares is an expert in Packaging, specializing in Corrugated, Crating, Baling, Shipping, Warehousing, Manufacturing Safety and Load Securement. He has over 30 years of progressive leadership experience in Packaging, Procurement, Shipping, Lean Manufacturing, Quality, Safety, Productivity, and Business Improvement.

Since he began his career in 1990, Mr. Phares has held almost every job in packaging operations. These include manufacturing, distribution, sales, design, safety, transportation, and running entire multinational business units for a Fortune 1000 Corporation. He has worked on projects in Asia, Jamaica, Afghanistan, Latin America, Eastern and Western Europe, USA, and Canada.

Mr. Phares has run packaging testing labs, design centers managed fleets of trucks, manufacturing machinery, and managed world class packaging manufacturing operations. He is a published international author, and speaker who was the President of the South Texas Manufacturers Association. He is a Packaging and Procurement Subject Matter Expert since 2019 saving over $10 million for SGS-Maine Pointe the #1 Supply Chain Consulting Firm according to Consulting.us and one of America’s Best Management Consulting Firms of 2022 according for Forbes Magazine.

Honors and Awards - Best Achievement of Organizational Business Improvement in Manufacturing Award presented by the Global Six-Sigma and Business Improvement Awards for an extensive plant turnaround for Temple-Inland (now International Paper). Best Performing Plant Award for 4 consecutive years out of 26 plants for Gaylord Container (now International Paper).

Litigation Support - Randy Phares is a leading Packaging and Load Securement Subject Matter Expert relied upon for his experience, knowledge, and in-depth understanding of packaging, logistics, manufacturing, distribution, freight, and intellectual property. He performs forensic analysis and testing of packaging failures, loading, unloading and distribution failures that caused damage or injury. His services include thorough reporting, depositions, consulting, and trial testimony as needed.  

Cases involve crated, palletized, banded or boxed products, or boxed products loaded in railcars, trucks, vans or parcel trucks, warehoused, transported (loaded, or unloaded), or injury using a pallet jack, forklift, or by hand.

 Areas of Expertise: 

Corrugated Packaging Folding Carton Packaging Boxes Crates Pallets Pallet Jacks Warehousing   Packaging Logistics

Packaging Distribution Manufacturing Load Securement Freight - Rail, Trucking, Air Packaging Workplace Safety Packaging Product Liability Packaging Intellectual Property Packaging Design

View Randy Phares' Consulting Profile.

David Morris has over 30 years of deep understanding and hands on experience of Construction and Construction Processes that give him a unique perspective in the industry. Having worked in many roles, Mr. Morris has the ability to formulate conclusions based on practical experience. Staying abreast of new technologies, he is able to apply them to outdated construction processes.

Mr. Morris has welding certifications in nearly all processes (MIG, TIG, Stick) and most materials, (Carbon Steel, Various grades of Stainless Steel, Aluminum, Chrome,). He has extensive experience in Instrumentation, Controls, Building automation Systems, HVAC, Refrigeration, Plumbing Codes and Design, Drafting and Detailing, layout and quantity take-off, medical gas installation, Plumbing and Piping Detailing, Computer Aided Drafting, and BIM

Litigation Support - Mr. Morris serves as an expert witness for attorneys representing both plaintiff and defendant.  Cases include:

Construction Scheduling Root Cause Analysis Construction Defects and Delays Planning, Designing, Managing Construction

Mechanical, Electrical, Plumbing Coordination (MEP) Building Information Modelling (BIM) Computer Aided Drafting Initial Design, Construction, Operations, Maintenance

Select Background Mr. Morris served as Director of Virtual Construction for EMCOR Construction Services from 2008-2016. His scope of work included drafting contract language for BIM and pre-construction, setting up new projects in lean and BIM delivery methods, and reviewing new construction technologies among other duties

• From 2001-2008, Mr. Morris worked with University Mechanical and Engineering Contractors as Director of Virtual Construction. He was responsible for estimating Plumbing, HVAC Piping and Process Piping for numerous research laboratories and healthcare facilities valued at over 100mm + each. He also delivered conceptual estimates for numerous Biotech, Power, and Co-Generation plants.
• Select Project Participation: San Joaquin County Hospital, City of Gilroy Waste Water Reclamation Plant, Shafter Prison, Vandenberg Air Force Base HVAC Replacement, Space Shuttle Launch Complex Project, Tehachapi State Prison Level-4 High Security Prison Housing, Cal Poly San Luis Obispo Co-Gen Facility, Kern Medical Center New Hospital Wing Expansion, Anheuser Busch Yeast Plant Expansion, and multiple Piping, Petrochemical, Hospital, and School projects.

*This Mechanical, Electrical, Plumbing, and Fire Protection Systems (MEP) Spatial Coordination Requirements for Construction Installation Models and Deliverables is a derivative work of a best practice guideline written by David Morris in 2003 and modified for the AGC BIMForum in 2009. It is the result of capturing ten years of practical methods on real world construction projects and reflects continual feedback and improvement gained from that process.

View Dmorris.consulting's Business ConsultingProfile.

Michael A. Pollock, PE, USPTO, is a Mechanical Engineer responsible for the design and engineering of commercial, industrial, manufacturing, institutional, and residential venues, as well as efforts relating to services and products used in and around these facilities. Mr. Pollock's full CV can be viewed at cogentexpert.com.

Business and industries include electronics, safety and construction, building materials, polymers and plastics, instrumentation manufacturing, petrochemicals, chemicals, pharmaceuticals, colleges, athletic facilities, textiles, coatings and resins, food storage, biosciences, supermarkets, inks & pigments, automotive, facility and real estate operations, agricultural, transportation, nuclear, healthcare, nutrition, retail, distributors, pulp and paper, packaging, utilities, apparel, and R&D centers.

Litigation Support - Mr. Pollock is a subject matter expert in Commercial and Industrial Engineering Applications and Projects, as well as engineering standards and applicable codes (ASHRAE, ASME, NIST, NFPA, NBIC, ASTM, SAE, LEED, ASCE, GMP, ISA, BOCA, and EPA Regulations.) He has engaged with local, state, and governmental officials and agencies regarding numerous matters over his commensurate years of experience.

Areas of Expertise:

Investment Engineering Economics Mechanical Engineering Standard of Care Architectural Standard of Care Construction Delay Construction Defect Construction Schedule Analysis Accident Analysis Metallurgical Failure Rotating Equipment Electrical Failure Chemical Failure Processes Instrumentation and Controls

Chillers Coatings Refrigeration Thermodynamics Water Treatment Steam Systems and Boilers   Power and Utilities Energy Conservation Environmental Impact Safety HVAC Project Management Product Development

Registrations

• Professional Engineer: PA (PE075410)
• American Bar Association (ABA) – Construction Forum
• Environmental Protection Agency (EPA) Clean Air Act Certification – Universal (includes Chillers, HVAC & Refrigeration)
• United States Patent & Trademark Office Registered (USPTO)                              

Forensic Consulting Experience

Warehouse Distribution Facility – Maryland - Evaluated a $10M (million) claim relating to purported construction defect claims by the 600,000 sq. ft. facility owner against the facility construction contractor and an original equipment manufacturer relating to installed infrastructure in the facility. Developed an expert opinion and expert report regarding the analysis of the purported defects and a proposed repair solution to correct said defects. 

 Psychiatric Hospital Facility – North Carolina – Evaluated a $28M (million) construction claim by the general contractor against a hospital facility concerning a $100M facility construction project.  Developed an expert opinion and report for general construction issues, constructability, design revisions, and corresponding delay analysis for mechanical, HVAC, electrical, smoke and fire, structural, security and building automation systems. 

Forensics Consulting Work-in-Progress 

• 2022 – International Trade Commission (ITC) Matter – Resin Manufacturing Facility Construction Delay / Completeness Analysis
• 2022 – Mechanical Systems Coatings Matter Analysis
• 2021 – Industrial Manufacturing Facility Standard of Care Matter, Construction Defect, Construction Delay     
• 2021 – Electrical Distribution System Construction Defect Matter, Standard of Care
• 2021 – Hotel Facility HVAC Materials of Construction Related Defect Matter

Dr. Rolf Biernath, PhD, Chemical Engineering, University of California, Berkeley, and BChE, Georgia Institute of Technology) has over 35 years of experience in the Chemical Industry with a concentration on Polymer Science and Engineering and Material Science Fracture Mechanics. He worked in Materials and Processes at 3M for 31 years in senior technical roles developing materials, processes, and systems. His 58 US patents span a broad range of scientific and engineering disciplines.

Litigation Support - Dr. Biernath is a Patent & Civil Liability Expert Witness having worked with in-house and outside attorneys in prior art searches. He's drafted claims and strategized claims in a variety of fields. He has written Expert Reports for Civil Liability, including material failure analysis, computer simulation, and manufacturing assessment. He is known for his ability to explain complex technical problems simply.

Areas of Expertise:

Adhesives and Tapes Polymer Engineering Failure Analysis and Prediction Electronic Displays (LCD, ePaper) Light Sources (LEDs, LASERS) Short-Wave InfraRed (SWIR) imaging

Applied Physics Metrology Optical Sensors Optical Films Mid-IR Sensors and Emitters Physics-based Digital Twins, Computer Modeling

Background Experience - Dr. Biernath has 58 Issued US Patents on new products and processes, including:

• Industrial Adhesives and Tapes – materials selection, development, automation, and tape application processes
• Electronic Materials – epoxy thermoset adhesives & application process, high speed electronic connectors
• Electronic Displays and optical display films, outdoor digital displays
• Microreplication and textured adhesives and processes, microfluidics, e-Paper
• Signage – retroreflective signage, license plate recognition, ADAS, and Human Invisible, Machine-Readable Coding System
• IoT and IIoT / Automatic and predictive selection and replacement

Dr. Biernath has expertise in stresses in planar systems due to a range of causes including, thermal expansion mismatch, humidity and solvent uptake or loss, and cure shrinkage. He understands assembly processes for tapes and adhesives including interpreting Technical Data Sheets, Application Data Sheets, developing test methods, and selecting materials.

View Biernath Consulting, Inc.'s Business Consultant Profile.

Dr. Charles R. Anderson has long specialized in the Characterization of Surfaces, Interfaces, Thin Films and Coatings. Since 1972 he has applied surface and near-surface analysis techniques such as x-ray photoelectron spectroscopy (XPS or ESCA) and Auger microprobe to the solution of surface chemistry and coating problems. 

Dr. Anderson worked for the U.S. Navy and Lockheed Martin Laboratories prior to starting his own laboratory in 1995. He served as an officer of the ASTM Committee E-42 on Surface Analysis and as U.S. Expert on several sub-committees of the ISO Technical Committee 201 on Surface Chemical Analysis. He especially enjoys integrating the results of multiple analytic techniques (surface analysis, thermal analysis, FTIR, SEM/EDX, optical microscopy)to solve tough materials problems.

Litigation Support -  Dr. Anderson has extensive experience in materials science as a result of solving the materials problems of many industries with the aid many analytical techniques. He is available to provide Expert Witness Services for legal matters involving Materials Failure, Intellectual Property Theft, Misrepresentation, Failure to Meet Contract Specifications, Materials Identifications and Characteristics, or Quality Issues. To ensure the accuracy and integrity of his testimony, Dr. Anderson and his staff independently analyze the relevant materials in most cases.

 View Consulting Profile.

Dr. Adam K. Aleksander, PhD, PE, CSP, has over 40 years of experience in the areas of Mechanical Engineering, Human Factors, and Safety Engineering. He combines both academic credentials and active work in industry to provide a grounded perspective in Product Liability, Industrial Incidents, Warnings, and OSHA related issues. He is also a VP of an Energy Services firm, with over 35 overseas assignments related to forensic services, power utility issues, and equipment failures.

Dr. Aleksander has been a practicing engineer since 1972, focusing his Manufacturing, Consulting and Forensic investigations on Problem Definition and Root Cause Analysis of complex problems in confidential issues. His firm has experience encompassing an enormous variety of claims, from large $45 million dollar dam claims, to environmental clean-up claims, to small road construction claims. His litigation services often involve reconstruction, perception reaction studies, warnings, equipment operation, mechanical failures, industrial accidents, skiing, and bicycling injuries.

As an Expert Witness, Dr. Aleksander has worked with many clients, including plaintiff's and defendant's attorneys, both civil and criminal, attorneys representing corporations, corporations in the power utility area, and corporations that produce products. His services are also available to insurance executives with complex claims issues that involve industrial or utility related losses. Dr. Aleksander has been retained over 125 times in a wide range of technical investigations.

Litigation Expertise:

• Product Liability - Design, Manufacturing and Marketing Defects, Involving Damage, Injury or Fatality
• Equipment Failures - Proximal Cause of Failure with Contributing Factors
• Human Factors, Visibility, Ergonomics, and General Research Issues - Product Usability, Warnings, Instructions, Perception, Reaction Time, Visibility and Conspicuity Issues
• Construction, OSHA, and Safety Engineering - Regulatory and Safety Issues
• Industrial Projects
• Power Utility - Service and Equipment Failures

View Dr. Aleksander's Consulting Profile.

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Litigation can be stressful enough without knowing where you stand.

At Preeminent Solutions, our structural engineers use clear, visual and audio presentations to break down complex structural failures, determine cost, and bound repairs.

Our firm was founded by Ms. Vanessa Malone, P.E., a licensed professional civil / structural engineer with almost 20 years’ experience in civil/structural design, forensics, and expert work.

Ms. Malone has worked with a myriad of firms including NASA, Thornton Tomasetti, Westinghouse, Bechtel, General Electric, NIST, and NOAA. She has specialized in industrial structures, nuclear structures, earthquake analysis, wind load analysis, and finite element analysis (FEA), in addition to other specialties. She is licensed in multiple states including Florida, California, Texas, Washington D.C., Virginia, Maryland, New York, New Jersey, Louisiana, Georgia, Mississippi, North Carolina, and Tennessee. She is a graduate of Carnegie Mellon University.

Here at Preeminent Solutions we specialize in the analysis and design  and investigation of commercial, defense, aerospace, industrial, and structures. We also specialize in residential structures.

Preeminent Solutions, Inc.
Email: info@psengrinc.com
Phone: (407) 901-0133
Website: www.psenrginc.com

Call or Email for a complimentary initial consultation.

Areas of Expertise

I. Construction-Defect and Design-Defects

Structural Peer Review
Standard of Care Analysis
Standard of Cause
Origin and Cause

II. Building Performance / Code Violations

Forensic Investigations
Building Code Review
Construction Safety Review

III. Industrial Structural Failures

Structural Collapse
Tower Collapse
Structural Steel & Building Failure Studies

IV. Disaster Related Property Damage

Hurricane Damage
Tornado Damage
Wild Fire Damage
Flood Damage
Earthquake Damage
Hail Damage

V. Material Defects

Concrete Defects
Steel Section Loss

View Vanessa Malone's Consultant Profile.