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n Appraisal Review in a Litigation Support Role real estate expert witness Jack P. Friedman, Ph.D., MAI, CPA, ASA, CRE, describes how the appraisal review process and review appraiser are used effectively in litigation support.

When engaged, or rather enmeshed, in litigation, an attorney will often solicit support from a review appraiser. Typical areas of assistance the attorney needs are:

3. To provide other forms of litigation support, such as preparing courtroom exhibits and helping to frame questions to ask appraisal experts on both sides at depositions and during trial testimony.

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Cambridge Advisory Group, a financial consulting firm whose president has a murky CIA past, has earned more than $900,000 in consulting fees through Milwaukee County. Milwaukee County paid the pension adviser almost $1 million including at least $214,000 through the county’s law firm as a pensions expert witness in the county’s federal malpractice case against its former pension adviser, Mercer Inc. But after more than 2 1/2 years of work on the case, the firm’s president, Stuart S. Piltch, dropped out last month as one of the county’s key witnesses. JSOnline reports:

Mercer has been ratcheting up demands for details on Piltch’s actuarial training, efforts the county and Piltch have resisted. Though he’s not a licensed actuary, Piltch told county lawyers he received advanced training while working for the CIA and passed tests equivalent to those required for a professional license. In attacking Piltch’s credentials, Mercer appears to be aiming to discredit the county’s entire malpractice case. In one filing in the federal lawsuit, Mercer argues that a bogus expert could spoil the county’s case.

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In Appraisal Review in a Litigation Support Role real estate expert witness Jack P. Friedman, Ph.D., MAI, CPA, ASA, CRE, describes how the appraisal review process and review appraiser are used effectively in litigation support.

When engaged, or rather enmeshed, in litigation, an attorney will often solicit support from a review appraiser. Typical areas of assistance the attorney needs are:

1. To review appraisal(s) prepared at the request of opposing counsel, identifying areas of strength or weakness as an aid to the attorney in preparing the case, and to provide rebuttal testimony.

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Medical expert witnesses are called to testify when patients file lawsuits against physicians or HMOs alleging that capitation played a causal factor in medical malpractice. In Physicians Win Lawsuits Over Inadequate PMPM Rates, Capitation Management Report describes two scenarios:

Non-referral to specialists:

Patients file lawsuits against physicians or HMOs because the primary care physician failed to refer, or to refer in a timely manner, the patient to a specialist. The reason for the non-referral generally cited in the lawsuit is that the doctor received a financial incentive to withhold care.

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Expert witnesses from both sides agreed in testimony Thursday that Joseph E. Dodick’s failed brake system contributed to the crash that took the life of Michael Mikulin, 20, in Geneva, Ohio two years ago. Two accident reconstruction experts as well as a forensic engineering expert witness testified in the case.

Ashtabula County deputy engineer LeRoy McNeilly and Cuyahoga County coroner Dr. Frank Miller were also among witnesses called by attorneys. Dodick is charged with vehicular homicide.

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The home inspection expert witness’s report may cover the condition of the heating system, air conditioning system, plumbing, electrical systems, roof, attic,walls, ceilings, floors, windows, doors, the foundation, basement, and structural components.

The American Society of Home Inspectors (ASHI) recommends:

Do not let cost be a factor in deciding whether or not to have a home inspection or in the selection of your home inspector. The sense of security and knowledge gained from an inspection is well worth the cost, and the lowest-priced inspection is not necessarily a bargain. Use the inspector’s qualifications, including experience, training, compliance with your state’s regulations, if any, and professional affiliations as a guide.

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In Guaranteed Maximum Contracts construction expert witness Paul Gogulski explains the the G-Max contract:

How do they work? In the following example, the best bid price received from a qualified general contractor for a major renovation is $2.5 million. The owner’s budget is $2.2 million, but modifications and changes are anticipated for an additional $500,000 estimated construction costs. Time is of the essence. The project must start immediately. The owner wishes to cut $300,000 from the base contract without changing the scope of work and at the same time control cost of the additions without giving away the $500,000. The contractor already dropped his price on the first round of negotiations and won’t budge off his $2.5 million. This project is an ideal candidate for G-Max conversion.

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Certified Professional Agronomist Dale Softley serves as an agricultural expert witness in agricultural fraud cases. He writes:

Many agronomists use GPS and GIS technology when possible to increase the precession of their work. Placing a GPS in one’s pocket produces an exact map of where in the field the person had traveled, and can note specific points on a computerized map for future reference or application. As part of our practice I normally use a GPS when making aerial observations of fields or locations. The use of aerial observations and photography of a subject site often provides new or different insights of a specific problem not readily apparent from ground observations.

When working loss problems an Agronomist may use a variety of sources, from government’s documents, public records, and personal knowledge, to solve a given problem.

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In Guaranteed Maximum Contracts construction expert witness Paul Gogulski explains the the G-Max contract:

Guaranteed Maximum Contracts or G-Max are becoming more popular as a corporate vehicle to control cost and integrate the diverse interests of a complex project. Not to be confused with cost plus, the G-Max contract is bid exactly the same as lump sum. The contractor assumes the same risk, with a big stipulation: he’s willing to share in the savings on the basis of the owner’s guarantee of fee and prompt payment of net cost.

There’s no difference in cost or risk between Lump Sum and Guaranteed Max, but a big difference in results, particularly on the owner’s side of the fence. Don’t let anyone tell you that G-Max cost more. They don’t! In fact, Lump Sum contracts are sometimes converted to G-Max for the same price or less.

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Certified Professional Agronomist Dale Softley serves as an agricultural expert witness in agricultural fraud cases. He describes his forensic agronomist job as being “like ‘CSI’, but for plants.” The Softleys test soil, stems, or anything they can find to solve problems that include why crops are not growing, how plants became diseased or any other conditions farmers and their insurance companies want explained. Softley states:

Forensic agronomy normally is used to investigate issues over damage to crop or soil by a second or third party, such as chemical drift, livestock invasion, range fires, water drainage obstructions, and a host of other events.

Production problems pertaining to the loss of yield, including hail are covered by specific policies, and are adjusted by specialized personal. Once in a while someone can slip things past these adjusters and they need some expertise to help solve problems.

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