Expert Witness and Litigation Experience

Expert Witness & Litigation Support

Garcia & Milas
Poughkeepsie, NY

2015 to Present

I represent the interests of the general contractor in an effort to remediate the failed coating application on sheet pilings at the De Laval bulkhead located along the Hudson River in Poughkeepsie, NY. The case includes failure analysis, root cause determination, repair or replacement recommendations, material selection, and specification writing, repair procedures, and hold point inspections. The case is currently pending.

Coating Failure Analysis and Replacement Specification Writing

Private Residence
St. James, NY

2014 to Present

Field inspection and failure analysis for the owner of the largest private residence on Long Island, NY regarding the failure and yellowing of a clear coat applied over approximately 8,000 square feet of intricate, custom wood flooring installed over a radiant heat concrete slab. The analysis includes a comprehensive investigation of the temperature and humidity at the time of the initial installation, as well as determining the impact the radiant heating system had on the expected longevity and service life of the applied coating system. The failure analysis included the wood substrate inspection and recommended selective replacement procedures for portions of the original floor. My services are provided on behalf of the owner and the project is ongoing.

Forensic Failure Analysis and Litigation Support

The Van Winkle Law Firm
Etowah, NC

Etowah – Horseshoe Volunteer Fire & Rescue Department
V.
American Alternative Insurance Corporation

2013 to Present

The client purchased a used fire truck, and prior to the purchase, the truck was thoroughly inspected to UL standards by an accredited inspection agency and certified fit for service. During a routine fire suppression call, the ladder rungs on the truck developed serious weld cracks that were beyond repair, rendering the truck useless as a ladder vehicle. The client filed an insurance claim which was denied and the carrier asserted the weld cracks were painted over in an effort to conceal the damage, and hence had a preexisting condition. Provided a forensic coating inspection, analysis, and litigation support. This case is ongoing and my litigation support continues representing the best interests of the plaintiff.

Various Public and Privately Owned Light Pole Projects

Visionaire Lighting LLC
Rancho Dominguez, CA

2011 to 2013

Conducted a failure analysis at various locations throughout the US on newly installed fixed, elevated light poles in the parking lots of various public and private entities. Identified the root cause of the failures, wrote specifications for the field installation of new protective coatings, implemented QA/QC procedures, managed the project, and made recommendations regarding future coating selection and application at the customer’s factory. Represented the interests of the pole fabrication supplier and the coating contractor.

Expert Witness & Litigation Support

Klein Glasser Park Lowe & Pelstring, P.L.
Miami, FL

2015 to Present

I represented the best interest of the Defendant in litigation where a third party was injured when they slipped and fell on an applied flooring system which was designed to be anti-skid. Plaintiff alleged the flooring system was improperly installed by a third-party contractor hired by my client. My responsibilities including various field and laboratory tests, the analysis of the test results, and providing ongoing litigation support on behalf of the client. The case is currently pending.

Expert Witness & Litigation Support

FSM Residential, Inc.
Orlando, FL

2014 to Present

Performed a failure analysis for the client regarding the application of coatings applied to the interior of a 12 bay showering facility. I conducted destructive and non-destructive testing with a focus on determining the cause of water and vapor transmission through the applied coatings which caused severe damage to the property. Laboratory testing confirmed the applied coating was improperly applied and that thermal outgassing during coating application resulted in severe pinholes that were not apparent to the unaided eye. My litigation support for the owner continues as the case is ongoing.

Failure Analysis and Litigation Support on Coil Coated Metal

Plews, Shadley, Racher & Braun
Indianapolis, IN

Plascor, Inc
v.
Thyssenkrupp Materials North America, Inc., et al

2013 to Present

I provided the law firm representing the defendant in litigation involving coatings applied to coil carbon steel in Pennsylvania and used by the plaintiff in the fabrication of smart boards that were pre-assembled in Michigan and finally assembled in Budapest, Hungary. Reviewed, analyzed, and reported on various expert witness reports presented by the plaintiff indicating the applied coatings failed as a result of not being properly cured. I provided continuing litigation support throughout the mediation and pre-trial efforts. This case is ongoing and I represent the best interests of the defendants.

City of Chicago Bus Shelter Rehabilitation Project

JC Decaux
Chicago, IL

2012 to 2013

Conducted a failure analysis for over 2,000 recently installed bus shelters located in the Central Business District of Downtown Chicago. Identified the mode of failure, authored new specifications and installation instructions for the project including new coating selection. Managed all aspects of the project including QA/QC functions, field installations, and developed and implemented procedures for periodic inspections over an extended warranty duration. Represented the interests of the owner and the city of Chicago (Chicago Transit Authority).

Failure Analyst, Litigation Support and Expert Witness

Beatty Bangle & Strama, PC
Austin, TX

2014 to Present

The client owns a (12) building complex comprised of (224) residential units that had the building exterior repainted. The applied coating system failed after only two years in service and it exhibited signs of discoloration, delamination, and inter-coat dis-bonding. Services included physical destructive and non-destructive testing, sample collection, laboratory analysis, and cause and effect determination. Data collection evaluations indicated the coating system was applied when the temperature, humidity, dew point, and substrate moisture content were outside of the upper and lower control limit parameters as prescribed and recommended by the coating manufacturer. Further analysis revealed the project specifications were not congruent with the coating manufacturer’s explicit recommendations. My litigation support services continue in the best interest of the property owner.

Private Client Construction Litigation of an Ultra High-End Penthouse of a High Rise Condominium Complex

Kemp, Jones & Coulthard
Las Vegas, NV

2013 to Present

Interior coating application failure analysis including litigation support, expert witness, and project management functions. The project substrates consisted of finished gypsum board, wood, custom millwork, steel, and cabinetry products. Selected new coating materials and wrote the replacement project specifications including the delineation of hold point inspections. I performed the screening and selection of a replacement painting contractor for the rebuild portion of the project. An additional focus on the project was the environmental, health, and safety issues created during the rehabilitation process, and I worked closely with the HVAC contractor to design, build, operate, maintain and monitor dust and vapor collection systems. The project also included the inspection and analysis of waterproofing systems used in the construction of a very unique pool and wetted roof deck. The project is ongoing and I represent the best interests of the owner.

Expert Witness and Litigation Support

Killian & Davis, PSC
Georgetown, CO

Foster, et al
v.
RPI Coatings, Inc., et al

2011 to 2012

Expert witness for the plaintiff’s regarding an industrial coatings accident where 5 men were killed while relining the interior of a hydroelectric dam penstock. Identified the causal effects of the accident, delineated the various OSHA violations that occurred and enumerated the multiple instances regarding the willful misconduct of the various defendants that substantially contributed to the accident, and provided litigation support for an out of court settlement. I represented the interests of the deceased families.

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