ELLIOTT DUDNIK + ASSOCIATES

Architecture Engineering Planning Forensic Services

FORENSIC ANALYSIS AND LITIGATION SUPPORT SERVICES

Litigation requires professional services that can differ markedly from those of construction. However, the same expertise that is used to develop strategies for remediation or repair and to analyze building failures is often called upon when we are called upon to identify the causes of material and building failures, water infiltration and damage, and personal injury accidents. This also true when we are asked to assist in helping to resolve claims and disputes arising from incidents of faulty design, collapse and construction failures or violation of building standards, codes and regulations. Typically our procedures and services in such cases consist of the following three phases.

1. INVESTIGATION AND REVIEW OF EVIDENCE OR CASE MATERIALS
In this initial phase of services, we consider all of the information that is available and, where necessary, collect or assemble additional materials as may be deemed necessary for our investigations and analyses. The process begins with the following:

• Review of available depositions, reports, photos, and other documents or exhibits, as well as any other relevant data or information that has been submitted or produced.

• Site visits, field measurement, photography, surveys and any other necessary investigation and documentation of the existing conditions or materials and any other available evidence that is necessary to develop reports, analyses and opinions.

• Review of all applicable codes, ordinances and standards, laws or regulations, and any relevant technical publications, reports or other authoritative sources relating to the case and to the nature of the specific incident or event.

• Destructive or non-destructive testing or other investigations of materials, components and assemblies, as appropriate or needed for this case

2. ANALYSIS AND PREPARATION OF REPORTS OR OPINIONS
Once all information is made available or has been collected, collated, and reviewed the process of determining possible causes for a construction-related failure, accident or other event, or to assess whether building codes or regulations have been violated, the process of assessment includes:


• Analysis of all materials and documents that have been provided or collected during the investigation

• Formulation of possible failure mechanisms, deterioration or collapse, causes of personal injuries or property damage and verification, if necessary, of possible scenarios for the events that have occurred or the regulations and compliance procedures that might have or might not have been followed

• Preparation of reports or expert opinions applicable to the case or matter including supporting documentation, citations, and materials.

3. EXPERT WITNESS TESTIMONY AND LITIGATION SUPPORT
Where necessary, we also extend the results of our analyses and opinions to evidence depositions and trials, as the case might require. These services extend the process to include:


• Assistance with preparations for evidence depositions, trials, arbitrations or mediations.

• Testimony at evidence depositions and at trials


• Preparation of drawings, models or other graphic or physical exhibits for use in the litigation process

• Assistance with formulating settlements or other post-adjudication or post-trial activities