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Expert Services
documentation, testimony, case preparation


 

C.L.I. can provide expert investigation of construction defect and environmental issues. Inspectors are code certified building inspectors and board certified environmental professionals.


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Cleveland, Ohio construction experts and investigations

 

C.L.I. Group, LLC can assist you in the preparation of cases involving construction defects and/or environmental hazards. Let us put over 28 years of construction and environmental experience to work for you. We can assist in finding research resources, pointing out false or weak assumptions provided by other experts, identifying investigative leads and performing any analytical procedures to prepare your case. We will work to begin immediately preserving and documenting evidence with digital photographs, testing or any measurements we feel necessary to preserve the facts in the case.

As experts, we understand the difference between acting as a consultant and becoming a testifying expert. As testifying experts, any written information can be discoverable and we try to take any precautions to avoid misleading statements. We will help in understanding both the strengths and weaknesses in the case. Remember, many qualified expert witnesses can have different opinions. We can help to point out those differences so that there is not unwarranted confidence in our opinions. It is always better to know the weaknesses of your case before it is in the courtroom.

If your case must proceed to the trial stage, we can assist in locating corroborative data which can support our opinions. We have large databases of information concerning construction defects, environmental hazards, building codes and excerpts from building, environmental and health journals. All of the above information helps us in becoming an advocate as opposed to simply an unbiased expert whose opinion happens to favor you or your client. We look over each case carefully to assure that the project we are hired to work on is within the boundaries of our expertise. If we should require outside assistance, we will promptly indicate that and provide potential candidates that we have worked with on other projects or we know to have good reputations and excellent credentials. If arbitration or mediation is an option, we will act as impartial third party to view the evidence and aid in the resolution of the case.

Many construction defect cases may involve different mitigating factors which must be assessed and documented. For example, mold in buildings is related to water damage the majority of the time. There are other cases where mold may be related to health concerns. In each specific case, it must be determined what type of specialists are required to gather the needed information and document it (e.g. roofing, foundation, building science, medical professionals, building science, etc.). Building a case properly from the beginning eliminates surprises later. It also allows the legal team to spot weaknesses in the case from the onset and adjust strategies accordingly. A qualified expert will provide valuable insight into the strengths and weaknesses of a particular case.

Another important service that a qualified expert will perform is examining evidence in the case and detailing the weaknesses in the opponents strategies and conclusions. Being prepared with the proper information and preparing rebuttal evidence through proper research in an important component to any case. Many so-called experts can provide smoke and mirrors. Our experienced investigator can uncover the facts about construction and material failures and provide the evidence needed to prove such claims. We will provide the facts, you decide if our services can benefit your client.

Is Your Expert Really an Expert

Today with new factors, including mold entering the picture it seems that everyone is an expert. It is our experience that many construction persons have an expertise that has little or nothing to do with most construction issues, yet they market themselves as experts. Finding experts in some arena's, such as mold, is much more difficult because of the science involved in mold issues. The evidence is inconclusive at best and many experts know little about the science that makes it inconclusive. We research each case so that the level of expertise that may be required is known before the trial stage. It is our background and experience that has introduced us to some of the nations leading experts in many fields related to construction and the environment. We will let you know which experts may best meet your needs and also point out the weaknesses of your opponents experts.

Having The Right Expert for the Job

There are many misconceptions that have made there way into the construction, legal and expert communities regarding credentials. The expert you hire should depend on each particular case. An honest and ethical expert will point out when your requirements may be outside of their abilities. This way, there will be no surprises later. There is no one person that has all of the abilities required when dealing with construction and/or environmental issues. We help you to determine the level and area of expertise required to uncover the facts in your case. Some things to consider:

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Engineering is a specialty degree. If an engineer is required, hire one that meets the needs of the project (e.g. mechanical for HVAC, electrical for electrical system, etc.). Remember, a civil engineer probably has little knowledge of energy engineering, electrical engineering, mechanical engineering, etc.

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Studying buildings and building them are two very different fields and should be considered such. It sometimes takes the knowledge of someone that has experience building to put things into perspective.

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If certain issues, such as mold is involved will only a Certified Industrial Hygienist do? C.I.H.'s have little, if any formal training in mold. Look for experts that have specialized training in this area. If air quality problems are of an unknown origin, a C.I.H. should be part of the investigative team. An expert with the CIEC designation has extensive education and experience dealing specifically with mold issues as well as other industrial hygiene and building science related issues.

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If your case involves moisture, mold, humidity, indoor air quality, etc. Did the company that documented and performed testing use properly calibrated equipment to perform such testing? The results of testing performed using equipment that was not verifiably calibrated with equipment which is NIST traceable may be worthless in court and place the entire case in jeopardy. Remember the saying from an infamous criminal case, "Garbage In; Garbage Out".

Many Daubert hearings have more to do with what the actual testimony is based on and less to do with credentials. Is your experts testimony based on sound science? We can help you to determine if theories, hypotheses, etc. are based on sound science and principals. This is another area where properly calibrated equipment will play a vital role in the success of your case.

Using The Proper Equipment for the Job ("Garbage In; Garbage Out")

The equipment used by the company you hire to investigate your case could bear on the success of your case. If the investigator is using old, damaged and inaccurate equipment, the results will be inaccurate and biased. Most equipment used to measure and document building and air parameters should be calibrated to N.I.S.T. Standards and have the capabilities to time stamp and datalog results. If the project is documented using equipment which is not verifiably calibrated to N.I.S.T. Standards, the results may be worthless when your case comes to trial. C.L.I. maintains N.I.S.T. Certificates on all applicable equipment and equipment is calibrated as needed to assure accuracy. This makes our results reproducible in court. We use N.I.S.T. traceable Primary Standards to calibrate our equipment. 

We have testified as experts or given depositions in Cuyahoga, Lake, Geauga and Franklin County Courts and acted as arbitrator in Cuyahoga County and testified before American Association of Arbitrators.

Power Point Courtroom Presentations

If required for the courtroom, we can develop a PowerPoint presentation of our findings for courtroom presentation. PowerPoint presentations can sometimes help to clarify items which may not be fully understood by jurors or the court.

Our Published Works

bulletWhat You Don't Know may Not Only Hurt You...It Could Cost You, MoldInc., Harris Martin Publishing, LLC, August 2004, p. 7
bulletPoor Flood Response Results in Added Cost to Insurers, MoldInc., Harris Martin Publishing, LLC, August 2004, p. 8-9

Other Reading

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Mold's Growing Impact on the Construction Industry

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Real Estate Experts Debate Mold Liability

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Suing Your Mold Remediator

bullet Experts: Eradicate moisture for permanent solution to mold
bullet Asbestos Legal News from Around the Web For Lawyers

 

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Board Certified; Indoor Environmental Consultant (CIEC), Indoor Air Quality Technician (CIAQT) , Indoor Air Quality Manager (CIAQM), Indoor Air Quality Investigator (CIAQI)
Association of Energy Engineers, American Indoor Air Quality Council, National Registry of Environmental Professionals

ICC Certified; Residential Combination Inspector (electrical, mechanical, plumbing, building); Residential Energy Inspector/Plans Examiner

Ohio Licensed: Asbestos Hazard Evaluation Specialist (#34024)

NBI Certified HVAC Balancing and Diagnostics

NCI Certified CO and Combustion Analysis

Roof Consultants Institute #31611

 

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