Expert 381188 - CA(S)

Expertise Description

With over 30 years experience as a contractor in Construction, my career has specialized in the building envelope, sheet metal and waterproofing industries. I have extensive experience in the design, fabrication and installation of all types of composite cladding, metal siding, metal roofing, flashings and specialty building components. I have also spent time offering my services as a construction expert witness.

Expert 518671 - AL AK AZ AR BC CA(N) CA(S) CO CT DE DC FL GA HI IA ID IL IN KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA QC RI SC SD TN TX UT VT VA WA WV WY WI

Expertise Description

With more than 25 years experience in civil infrastructures, I have spent my career working with building systems, balconies, parking garages, bridge piers, and decks. I have additional knowledge in forensic and failure investigation and litigation support on building envelopes; roofing systems; balconies; pavements and runways; parking structures; as well as material testing, including concrete, aluminum, steel, anchor bolts and asphalt. Through investigation and engineering analysis, I am able to determine the causes of structural performance issues, such as structural distress, excessive displacement, or excessive vibrations to partial or total structural collapse. I have also spent over 25 years offering consultations, deposition, and courtroom testimony as a Buildings Construction Expert Witness in Illinois.

Insurance Expert Witness’ Supplemental Reports Excluded When Not in Compliance with Pretrial Order

Expertise Description

Insurance ExpertThe Eighth Circuit Court of Appeals recently heard an appeal from a district court's denial of a motion for new trial on the basis of excluded expert evidence.A jury awarded an insured under a commercial-property insurance policy $76,000 for covered hail and wind damage to the exterior of two properties, but it found that the policy didn’t cover the water damage to the interiors.A hail storm damaged Appellant’s properties, and she sought coverage replacing the damaged portions of the homes. Insurance Company disputed the claims, and they went to trial on two of the properties. The parties didn’t dispute that hail and wind damage to the properties' exteriors constituted a covered loss under the policy. However, they disagreed on the amount of coverage and whether the policy covered water damage to the properties' interiors. Appellant claimed that damage to the roofs and windows let water seep inside and that the resulting interior water damage was a covered loss. Insurance Company said that water leaked into the properties because of deferred maintenance, not hail damage. As such, it refused to cover the interior damage.Appellant enlisted a public adjuster and a roofing consultant to assess the damage. The insurance expert inspected the properties and issued a written expert report, which described hail and wind damage to both properties' exteriors, particularly the roofs. The insurance expert observed interior water damage at both properties, and based on its location and its appearance shortly after the storm, he opined that it was from water entering the homes through the external damage. He also said that the roofs and other items at both properties should be replaced. Appellant’s roofing expert issued an expert report based solely on his review of the insurance expert's and Insurance Company's reports and photographs of the properties. In that report, he opined regarding on property that "[w]ater intrusion within the home may be the result of defects within the . . . roof caused by wind and hail impact." The report didn’t mention water damage to one of the property's interior but did note that the roof was damaged and that it required major repair or replacement.Appellant’s roofing expert wanted to take a core sample of the property's roof to determine how it was constructed, but snow and ice kept him from doing so at the time of his initial report. But he went to the property later to take the samples, which showed the presence of moisture both within a top roof layer and an older layer beneath it. The expert believed this indicated that the roof needed to be replaced rather than repaired. The parties deposed the roofing expert, and he mentioned these findings. However, Insurance Company’s counsel objected to his mentioning those findings without a supplemental report. Appellant’s roofing expert did draft a supplemental report, but Appellant didn’t disclose it at the time.The original deadline for Appellant to disclose expert witnesses and reports was postponed, largely on stipulation of the parties, six times, and the final amended progression order set the deadline. Appellant subsequently served Insurance Company with supplemental expert reports from both of her experts. The supplemental report from Appellant’s insurance expert included updated damages calculations for each property based both on updated pricing for materials and on the inclusion of interior water damage not presented in the insurance expert's original report. The supplemental report for Appellant’s roofing expert was the as-yet-undisclosed report her roofing expert drafted addressing the core-sampling results. At that time, jury trial was set, and the supplemental reports were thus untimely not only regarding the progression order but also under Federal Rule of Civil Procedure 26(a)(3)(B)'s requirement that such disclosures be made at least 30 days before trial. Subsequently, the trial was postponed because of Appellant's counsel's illness.Insurance Company moved to exclude the supplemental insurance and roofing experts’ reports. The district court noted that, although Appellant's disclosure was untimely under the federal rules at the time it was served, it wouldn’t exclude the reports based on this because Insurance Company had at least 30 days' notice due to the extension of the trial date. But the district court excluded any new items of damage in Appellant’s insurance expert's supplemental report, holding that it was “far too late for Appellant to raise new items of damage she has not previously claimed."The district court also excluded from the Appellant’s roofing expert’s report evidence concerning the moisture in the roof as a justification for her insistence that the roof be replaced. The district court observed that Appellant offered no credible excuse why she didn’t provide the supplemental report to Insurance Company at the time it was drafted. The lower court concluded that it would be prejudicial to Insurance Company to allow Appellant to raise a new theory on why replacement rather than repair was required because it didn’t have the opportunity to explore the moisture-in-the-roof theory of replacement during discovery. The trial judge also noted that, although the results of the roofing expert's core sample were discussed at his deposition, Insurance Company was not obligated to presume the issue of replacement due to roof moisture would be raised without a supplemental report.Appellant argued that she was so prejudiced by the incorrect exclusion of certain portions of the supplemental reports by her insurance and roofing expert that the district court should’ve granted her a new trial. Circuit Judge Clarence Beam wrote in his opinion that Federal Rule of Civil Procedure 16(f)(1)(C) allows a district court to "issue any just orders" to sanction parties for failure to follow a pretrial scheduling order and includes "prohibiting the disobedient party from . . . introducing designated matters in evidence" under Rule 37(b)(2)(A)(ii). Further, Judge Beam noted that in Patterson v. F.W. Woolworth Co. (8th Cir. 1986), the Court of Appeals stated that the factors that a court should consider in deciding whether to exclude the testimony of a witness not made known in a manner complying with a pretrial order include: (i) the reason for failing to name the witness; (ii) the importance of the witness's testimony; (iii) opposing party's required time to prepare for the testimony; and (iv) whether a continuance would be useful. These factors, the judge explained, have also been applied to supplemental expert reports disclosed later than provided for in a progression order.The Circuit Court held that the district court was within its discretion when it excluded certain portions of the supplemental expert reports and did consider the Patterson factors. As to the roofing expert’s supplemental report, the district court noted Appellant had no reason for the extreme delay of her disclosure—despite the fact that she had the report six months earlier; the lack of opportunity for Insurance Company to develop evidence and respond to the roof-moisture theory of replacement at the property; that she did not request a continuance; and that "[a] continuance at the eleventh hour was not appropriate." As to the supplemental report of her insurance expert, the district court again noted its "egregiously untimely disclosure" and observed that the new claimed damage was less than 5% of the total damages Appellant sought.Also, the Court held that Appellant wasn’t prejudiced by the exclusion of this evidence resulting in fundamental unfairness, as she could’ve called her roofing expert to support her interior-water-damage theory, which was included in both his original and supplemental reports. Appellant’s insurance expert's original report likewise presented similar opinions and even included the opinion that the roof of one of the properties needed to be replaced. The roofing expert's original report acknowledged that possibility.The Eighth Circuit agreed that the jury clearly rejected Appellant's claim to any interior damage whatsoever, and thus, the exclusion of the new items of interior damage didn’t prejudice that claim. The district court applied the law correctly under the federal rules and acted within the scope of its discretion in excluding certain portions from the supplemental expert reports. The decision was affirmed. Amplatz v. Country Mutual Insurance Company, No. 15-2645, 2016 U.S. App. LEXIS 9540 (Cir. 8 (Minn.) May 25, 2016).

Expert 518791 - IN KY OH

Expertise Description

I am an Architect expert with expertise in forensic architecture and liability issues, building envelope, roofing design and failures, masonry and concrete failures and restoration, intrusive moisture problems including mold and fungal growth, and waterproofing issues. I have more than 50 years of experienc in my industry and 30 years expert witness can consulting experience.

Expert 513338 - MA

Expertise Description

I have more than 45 years of experience in the field of Civil Engineering with expertise in building technology. My background involves hands-on construction experience, managing various projects, with considerable experience in all aspects of the building envelope. I have particular expertise with single ply membranes, windows and veneer construction. I have over 35 years of expert witness experience with consultation, deposition, and courtroom testimony.

Expert 321437 - AZ CA(N) CA(S)

Expertise Description

I have more than 25 years of experience in Civil Engineering with multiple engineering emphasis such as: Soil, Transportation and Traffic, Architectural Design, and I am also a licensed General Engineer and Building Contractor. I have built and designed custom homes, highways and roadways, and traffic signals and interchanges. I have experience with traffic control, and also retaining walls, slope repairs, townhomes, apartments, single-family homes, expansions and retrofits, and railroad construction. I have expertise in the California Building Code, seismic retrofits, manual uniform traffic control devices, cost estimating, scheduling, highway design manual, traffic manual, and public works standard plans and specifications. I have more than 5 years expert witness experience with consultations, deposition, and courtroom testimony.

Expert 166003 - CA(S)

Expertise Description

I have 25 years experience as a Licensed General Building Contractor specializing in construction defects. My areas of expertise include: defect and accident litigation; building code enforcement; field inspections; estimates for correction defects; and expert testimony for deficiencies and injuries. My additional experience includes: destructive testing and water intrusion; management of commercial and residential projects; customer bids; proposals; presentations and drawings; liaison to contractors; millwork-cabinetry manufacturing; ceiling defects; and quality control. I have more than 10 years expert witness experience with consultations, deposition, and courtroom testimony.

Expert 128085 - FL

Expertise Description

I have over 25 years experience as a professional engineer licensed in Florida, Connecticut, and New York, including managing and performing civil, structural, and environmental investigation, development, and construction projects. I have managed numerous asbestos and lead surveys from New York to Florida. I also performed over 100 due diligence and condominium conversion investigations. I have experience performing forensic failure analyses, including structural, roofing, foundation, waterfront, underwater, geotechnical, water infiltration, product defect, production piping, and slip / trip and fall investigations. My Environmental Engineering expertise includes asbestos, lead-based paint, underground contamination, indoor air quality, hazardous waste, water and air quality, and PCBs. I have over 5 years expert witness experience with consultations, deposition, and courtroom testimony.

Expert 43290 - CA(S)

Expertise Description

I have more 35 years experience in the field of Residential Real Estate. My experience includes commercial roof construction, residential construction, and maintenance. I am part owner of a Property Management company, which manages 8,500 units of apartments and condominiums. My expertise includes all aspects of property management, including financial, maintenance, leasing, security, and landlord / tenant disputes. I have over 10 years expert witness experience.

Expert 42235 - FL

Expertise Description

I have over 40 years experience in engineering. My expertise includes forensic engineering, structural design and analysis, specifications and project manual preparation, veneer, property condition reports, manufactured product design, code consulting, and solutions to water intrusion problems. I have more than 20 years expert witness experience with consultations, deposition, and courtroom testimony.

Expert 40613 - IL

Expertise Description

I have over 45 years experience in parking and general architectural matters, including commercial architecture, exterior, water, roofing, solar energy, energy analysis, insect structural, structural (wood), building layout, apartment building, parking, expansion/cracking, and ADA accessibility.

Expert 351554 - CT NJ NY PA

Expertise Description

I have more than 40 years experience in the field of Civil Engineering with expertise in Forensic Engineering. I have experience with Construction Management for large public works projects; heavy construction, buildings, schools, highways, wastewater treatment plants, LNG bus garages, and landfills. I have been an engineering consultant to sureties for surety issues, construction bond matters, building movement, building envelope defects, codes, construction disputes, and have provided engineering investigations into construction accidents, defects, and damage. I have over 5 years expert witness experience with consultation, deposition, and courtroom testimony.

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Expert 310229 - CA(S)

Expertise Description

I have more than 35 years experience in Construction. My areas of expertise include roofing, decking, wall and water intrusion, and the entire building envelope, above and before grade, as well as warranty inspections for several major SPF manufacturers. I have additional experience with the reconstruction of apartment and commercial unites and working in the waterproofing industry. I have prior expert witness experience with consultations, deposition, and courtroom testimony.

Expert 323972 - CA(S)

Expertise Description

I have over 40 years experience in Roofing, I have experience applying roofing materials, patching, construction testing and evaluation, repairing and maintaining roofs and exterior fixtures. I have knowledge of methods, materials and tools used in replacement and repair of variety of surfaces and drainage systems. My areas of expertise include leak detection, wood repair, mineral cap, cement tiles, metal, on-site survey, scaffold, and aluminum coating.

Expert 381188 - CA(S)

Expertise Description

With over 30 years experience as a contractor in Construction, my career has specialized in the building envelope, sheet metal and waterproofing industries. I have extensive experience in the design, fabrication and installation of all types of composite cladding, metal siding, metal roofing, flashings and specialty building components. I have also spent time offering my services as a construction expert witness.

Expert 430186 - CA(N)

Expertise Description

I have more than 15 years experience as a roofing contractor with expertise in all aspects of residential, commercial, and industrial roofing. I have extensive experience with the installation of a wide variety of roof materials for both steep-sloped and low-sloped roof systems; remedial repairs, restoration, and seasonal maintenance of roofs and related components; establishing priorities; developing schedules for remedial work, restorative activity, and/or roof replacement; repair and replacement cost analysis; sourcing and acquiring materials; developing bid specifications; assigning, inspecting and directing the work of employees; computing time and material costs; site-work; performing on-site survey of work to be performed; and estimating labor.

Expert 426834 - NY

Expertise Description

I have over 10 years experience in Building Inspection. My extensive experience includes property inspections, including mechanical (HVAC), plumbing, electrical systems, structural condition, structural design, basement/crawlspace moisture seepage, ceiling defect, NYS DEC certified wood boring insect inspection, and attic insulation and ventilation. I have additional experience in interior / exterior conditions, including: walls, ceilings, floors, windows, fireplaces, appliances, siding, garages, desks, driveways, windows, trim, and roof. I have 5 years expert witness experience with consultations, deposition, and courtroom testimony.

Expert 423752 - NJ

Expertise Description

I have over 30 years experience in the field of Architecture. I have experience in professional engineering, architectural design, architectural engineering, architectural assessment, design planning, master planning, conceptual design, feasibility planning, and project management. I have more than 15 years expert witness experience with consultations, deposition, and courtroom testimony.

Expert 165981 - CA(S)

Expertise Description

I have over 25 years experience in the field of Architecture. My areas of expertise include city planning and design, private enterprise, and residential construction projects. I have experience with architectural assessment, architectural homes, forensic architectural investigation for design professionals, developers, contractors, subcontractors, material manufacturers, and suppliers. I specialize in analysis of water-intrusion issues related to roofing, sheet metal, and waterproofing systems.

Expert 385935 - MA

Expertise Description

I have more than 45 years experience in the field of Physical Chemistry and Chemical Engineering. I have broad and extensive knowledge in the chemical, thermal, mechanical, physical, and environmental sciences. My experience includes arson, failure analysis of materials; reverse engineering and quality control of products; environmental testing; and chemical analysis. I have prior expert witness experience.

Expert 107629 - CA(S)

Expertise Description

I have more than 25 years experience in the field General Contracting and Construction Inspection. My expertise includes Roofing, Concrete Tile Roofing, Tile Failure, GE Plastics / American Sheet, and Noryl Roofing System (Armorlite). I have over 10 years expert witness experience with consultations, deposition, and courtroom testimony.

Expert 353399 - AL AK AZ AR BC CA(N) CA(S) CO CT DE DC FL GA HI IA ID IL IN KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA QC RI SC SD TN TX UT VT VA WA WV WY WI

Expertise Description

I have over 40 years’ experience in the field of Occupational Safety and Health with expertise as a Corporate Safety Director for two decades developing health and safety standards in Construction and Transportation, Fleet Safety, Confined Space, Hazardous Materials, and Technical Rescue. I am a board-certified safety trainer, and emergency responder knowledgeable in OSHA-DOT-ANSI-NFPA standards. I have testified in cases involving wrongful death, personal injury in construction, gas exploration, and trucking safety and health. I also testify in roofing construction safety cases; I served five years as principal safety engineer for a union roofing association, performing safety audits on commercial-residential roofing, waterproofing projects. My emergency response background includes chief of operations for a technical rescue team serving government agencies and private firms since 1999. My safety engineering background includes Heavy Civil Construction, Paving (Hot Asphalt), Building, Pipeline, and Roofing. My transportation background as a licensed CDL driver, with over 40 years’ experience working in the trucking, charter bus, and construction transportation sector. I have extensive experience in driver safety, safe carriage and loading of construction and roofing materials, military ordnance and cargo, interstate trucking, bulk liquids, passenger transport, and applicable OSHA-DOT-FDA safety regulations, safety best practices, and national safety consensus standards, US and Canada. I have over 10 years expert witness experience with consultations, deposition, and courtroom testimony as a workplace safety expert witness in California, Utah, Nevada and Louisiana for numerous clients. Fluent in Spanish and English, Dual Citizenship (US-Canada)

Expert 344807 - TX

Expertise Description

I have over 30 years experience in building envelope systems. I provide complete exterior building envelope consulting services, such as for roofs, walls, below grade, and any and all waterproofing related construction details. My expertise includes: roofing / waterproofing evaluations, surveys, analysis, ASTM field testing, infrared moisture surveys, building envelope defects, building envelope issues, cross sectional waterproofing analysis, budgetary forecasting, conceptual design, purchases specification and drawing development, cost estimates, scheduling, and monitoring services. I have more than 15 years expert witness experience with consultations, deposition, and courtroom testimony.

Expert 341985 - NY

Expertise Description

I have over 25 years experience in various engineering and construction capacities. My experience and work assignments include various aspects of the main disciplines of Engineering and Environmental consulting including but not limited to: building sites; building and safety codes compliance; facility assessments; cost of repair; windows installation; construction and project management; carbon monoxide formation; physical condition surveys; reserve funding analysis; thermal expansion and contraction; plumbing; electrical; heating, ventilating, and air conditioning design inspection and evaluation; and preparation of contract documents and specifications for repairs and restoration of buildings and site items. I have more than 20 years expert witness experience with consultations, deposition, and courtroom testimony.