Expert Witness and Consulting

David R. Olson, PE, LEED AP – Curriculum Vitae (1985 – 2015)

March 3, 2016

 

Professional

Project Manager – Sturm + Ballard, Inc., 1979 – 1986

President – Integrated Mechanical Systems, Inc., 1986 – present

 

Education

University of Colorado, Boulder, B.S.C.E., 1979

University of Colorado, Denver, College of Engineering, Mechanical Engineering Staff Member, HVAC Design, 1993, 1994 & 1995

 

Professional Registration

Professional Engineer by Examination: Colorado, 22286, 1984

Current Professional Engineer by Reciprocity: Arizona, California, Kansas, Montana, Nebraska, New Mexico, Utah, Wyoming

Leadership in Energy Efficient Design Accredited Professional, LEED AP, 2008

International Code Council Mechanical Plans Examiner, by examination, 2008

International Code Council Plumbing Plans Examiner, by examination, 2008

 

Professional Societies and Trade Organizations

American Society of Heating, Refrigeration and Air Conditioning Engineers,

President, Rocky Mountain Chapter, 1994-1995

Regional Vice Chairman, Chapter Programs, Region 9, 2000-2003

Director and Regional Chairman, Region 9, 2005-2008

American Society of Plumbing Engineers

International Code Council, Mechanical Plans Examiner, 5076352-M3

International Code Council, Plumbing Plans Examiner, 5076352-P3

National Fire Protection Association

Tau Beta Pi National Engineering Honor Society, 1978

Chi Epsilon National Civil Engineering Honor Society, 1978

 

Honors and Awards

ASHRAE Technology Award, Rocky Mountain Chapter, 1994

ASHRAE Vic Johnson Distinguished Service Award, Rocky Mountain Chapter, 2001

ASHRAE Region 9 Hall of Honor, 2011

ASHRAE Distinguished Service Award, 2013

 

Legislative Appointments

State of Colorado Department of Regulatory Agencies, State Electrical Board, 2013 – 2016

 

Publications

ASHRAE Insights, ASHRAE Leaves Helpful Footprint in Denver, February 2014

 

Forensic Consulting/Expert Witness Experience

Brenner Residence – Construction Analytics, LLC – Consultant for Homeowner

  • 2016
  • Silverthorne, Colorado
  • Insured: Matthew Brenner
  • Client: William Vogel
  • Consulting to evaluate boiler and heating system capacity for remodeled 900  sf residential structure with 900 sf addition.
  • Prepared written report via email on January 29, 2016

Meridian Tower  – Cardi, Schulte & Ford, LLC – Attorney for Defendant

  • 2015
  • Greenwood Village, Colorado
  • Defendant:      MKK Consulting Engineers, Inc.
  • Counsel:          Timothy M. Schulte, Esq.
  • Plaintiffs seek relief from engineer regarding value engineering items implemented by contractors, allegedly with engineer’s approval.
  • Prepared written report, submitted November 2, 2015

 Breen vs. Front Range Refrigeration – Cardi, Schulte & Ford, LLC – Attorney for Plaintiff

  •  2015
  • Adams County, Colorado
  • Plaintiff:           Breen Design
  • Defendant:      Front Range Refrigeration
  • Counsel:          Andrew S. Ford, Esq.
  • Plaintiff seeks relief from former client in effort to gain payment for services rendered.
  • Prepared written report, submitted October 5, 2015
  • Prepared affidavit, submitted November 11, 2015
  • Case settled February 12, 2016

Glasshouse Contribution Action Consulting, – Berg Hill Greenleaf Ruscitti, LLP – Attorneys for Plaintiff

  • 2015
  • Denver, Colorado
  • Plaintiff:           Design Mechanical, Inc.
  • Defendant:      Goodman Manufacturing Company, LP
  • Counsel:          Giovanni M. Ruschitti, Esq, Jack P. Storti, Esq.
  • Plaintiff is seeking relief from equipment manufacturer due to receipt of faulty installation instructions from manufacturer and subsequent settlement during previous arbitration.
  • Prepared written report, submitted October 2, 2015
  • Prepared written report, submitted November 20, 2015
  • Case settled without further testimony January 25, 2016

 Cheyenne Liquor Warehouse  – Weil & Drage, APC – Attorney for Defendants

  • 2015
  • Cheyenne, Wyoming
  • Defendant:      MKK Consulting Engineers, Inc.
  • Counsel:          Jeremy R. Kilber, Esq.
  • Defensive forensic investigation of make-up air system specified by defendant and installed at project site. Fatal accident occurred when the owner of the mechanical contractor entered the interior of an operating fan plenum and subsequently accidentally fell into fan resulting in his death. Equipment manufacture was responsible for providing fan inlet guards, included in project submittal, but failed to do so when constructing the make-up air handler.
  • Prepared written report, submitted June 15, 2015
  • Case settled in July, 2015

Cache at Union Creek  – Bodin & Gaity, LLC & Sweetbaum Sands, PC                                                                  Co-Counsel for Defendents

  • 2015
  • Copper Mountain, Colorado
  • Defendant:      TCD, Inc.
  • Counsel:          Steven L. Heisdorffer, Esq., Thomas L. DeVine, Jr., Esq., Carin Ramirez, Esq.
  • Defensive forensic investigation of allegations of improperly installed hydronic heating system and anti-freeze fire protection systems in multiple building condominium complex near the base of major ski resort.
  • Prepared written report, submitted July 15, 2015
  • Prepared rebuttal report, submitted October 7, 2015
  • Case settled during week of December 7, 2015

744 Whale Drive Consulting – Gordon & Rees, LLP – Attorney for Defendant

  • 2015
  • Lake George, Colorado
  • Defendant:      Cash Acme
  • Counsel:          Daniel E. Evans, Esq.
  • Investigation into responsibility for boiler malfunction resulting in significant water and mold damage to single family residence.
  • Prepared written report, submitted June 18, 2015

Eagle County Airport Consulting – Rocky Mountain Trane

  • 2015
  • Gypsum, Colorado
  • Defendant:      Ingersoll-Rand Company
  • Counsel:          Nicole M. Brunson, Esq.
  • Cause and origin investigation to determine cause of fire within recently installed nominal 5-ton rooftop HVAC unit.
  • Case resolved without written report or testimony

Peaks Hotel Consulting – Yates Law Firm – Attorney for Plaintiffs

  • 2014
  • Telluride, Colorado
  • Defendants:    Johnson Controls, Inc., Trane Company
  • Counsel:          Scott Baker, Esq.
  • Dispute regarding culpability for discharge of freezing airflow by make-up air unit following failures by heating water pump and installed freeze-stat.
  • Case resolved without written report or testimony.

Atrium Place ConsultingHall & Evans, LLC – Attorney for Defense

  • 2014
  • Greenwood Village, Colorado
  • Defendant:      Burkett Design, Inc.
  • Counsel:          Benton J. Barton, Esq.
  • Dispute regarding responsibility for underperforming HVAC system following remodel of atrium and replacement of skylight glass.
  • Performed review of construction documents and provided expert consulting services for attorney.

 National Archives and Records Administration – Kelly & Walker, LLC, Attorney for Defendant

  • 2014
  • Broomfield, Colorado
  • Defendant:      Wiegmann Associates, Inc.
  • Counsel:          Julie M Walker, Esq.
  • Dispute regarding performance of direct fired heating and ventilating system designed and installed by Wiegmann Associates.
  • Prepared written report, dated September 8, 2014
  • Arbitration is currently scheduled.

 680 Hawn Lane – Western Engineering and Research Company, Forensic Representative for Hoffman Crews Nies Wagener & Foster, Attorney for Plaintiff

  • 2014
  • Telluride, Colorado
  • Defendants:   Tandem, Inc., Reid Rutherford Plumbing & Heating, Inc.
  • Counsel: Kato Crews, Esq.
  • Consulting to determine potential legal proceedings regarding sizing and performance of radiant heating system, solar thermal domestic hot water heating system and associated controls
  • Prepared written summary report, submitted July 29, 2014
  • Prepared written report, submitted April 15, 2015

Johnson Sport & Ski ConsultingCozen O’Connor, Subrogation Attorney

  • 2014
  • Pueblo, Colorado
  • Insured:           Johnson Sport & Ski
  • Counsel:          Richard Rardin, Esq.
  • Subrogation investigation into cause of property and contents destroying fire, alleged to have resulted from the repair of HVAC equipment at site. Performed site investigation as part of a team of experts and concluded that HVAC system repairs did not likely contribute to the initiation of combustion during the event.
  • Cause of fire is undetermined.
  • Case completed without further involvement.

University of Colorado Student Recreation Center Consulting – Construction Analytics, LLC.

  • 2014
  • Boulder, Colorado
  • Insured:           Saunders Construction, Inc.
  • Client:              Stephan K. Tobias
  • Consulting to assist in the review of insurance claim for damages and construction delay resulting from September, 2013 weather event and subsequent flooding at ongoing construction project.
  • Prepared written report, submitted January 19, 2015
  • Claim settled, January, 2015

373 Penstemon RoadWestern Engineering and Research Company, Forensic Representative for Sweetbaum Sands Anderson, PC, Attorney for Plaintiff

  • 2014
  • Dillon, Colorado
  • Defendants:
    • Colorado Real Estate Company – Barbara J. Schneeman
    • Remax Properties of the Summit, RLLP
    • David L Petersen
    • Glenn Montgomery, Jr.
  • Counsel:          Alan Sweetbaum, Esq.
  • Dispute regarding performance of existing hydronic heating system and conditions not disclosed during sale of property to current homeowner.
  • Prepared written report, dated August 6, 2014
  • Deposed by defendant’s legal team, Laura M. Martinez, Esq., October 17, 2014
  • Case Settled, February, 2015

Village Plaza Lofts – Murphy & Decker, PC, Attorney for Defendant

  • 2013
  • Greenwood Village, Colorado
  • Defendant:
    • Village Plaza Lofts, LLC
    • Friedman Properties, LLC
    • David Friedman
  • Counsel:          Greg Lindsay, Esq.
  • Dispute regarding claims of undersized deck drainage.
  • Prepared written report, submitted October 15, 2013
  • Case settled without further testimony

 Palomino Ranch Consulting – McKenzie Rhody Hearn – Attorney for Plaintiffs

  • 2013
  • Colorado Springs, Colorado
  • Defendant: Central Fire Protection Contractors
  • Counsel: Keith Hoagland, Esq.
  • Dispute regarding leaking fire sprinkler piping and resultant water damage allegedly caused by undersized expansion tanks and improperly installed sprinkler drops.
  • Provided site inspection and verbal report to attorney.

Fruita Recreation Center Consulting – Western Engineering and Research Company

  • 2013
  • Fruita, Colorado
  • Client:              Wyatt Bellman, Esq.
  • Cause and origin investigation of fire in controls compartment of packaged roof mounted HVAC unit.
  • Submitted written report, submitted December 28, 2012

 Grant Park Consulting– Holley Albertson Polk, PC, Attorney for Defendant

  • 2013
  • Denver, Colorado
  • Defendants:
      • CDS Investors, LLC
  • Counsel:          Scott D. Albertson, Esq.
  • Dispute regarding claims of various construction defects including defective temperature mixing valves, frozen domestic water piping, inadequate domestic hot water and space heating system, inadequate domestic water piping sizing and inadequate scald protection.
  • Prepared written report, dated June 30, 2013
  • Case settled, December, 2013

Nandi v. Frankland – Foster Graham Milstein & Calisher, LLP, Attorney for Defendant

  • 2013
  • Denver, Colorado
  • Defendant:     David A. Frankland
  • Counsel:          Laura M. Martinez, Esq.
  • Dispute regarding claims of inadequate heating furnace and air distribution system sizing.
  • Prepared written report, submitted May 9, 2013
  • Case settled without further testimony

 One Willow Bridge Road – Cozen O’Connor, Subrogation Attorney

  • 2013
  • Vail, Colorado
  • Defendants:
    • Frontier Fire Protection, Inc.
    • The Weitz Company
  • Counsel:          Sarah Kileen, Esq.
  • Dispute regarding responsibility for fire sprinkler piping freeze in attic space above residential storage area within top floor dwelling unit.
  • Case settled without further testimony

Charter at Beaver Creek – Cozen O’Connor, Subrogation Attorney

  • 2012
  • Beaver Creek, Colorado
  • Defendants:
    • InsulVail, LLC
    • Fire Sprinkler Services, Inc.
  • Council:            Thomas Dunford, Esq.
  • Dispute regarding responsibility for fire sprinkler piping freeze/thaw and resulting in a pipe fitting break and subsequent damage to condominium building. Focus on heat loss from dwelling unit to enclosed attic space where frozen sprinkler line resided.
  • Prepared written rebuttal report, submitted October 12, 2012
  • Deposed by defendant’s legal team, Richard A. Waltz, Esq., and Gale R. Monahan, Esq., March 4, 2013
  • Case settled, February, 2015

STEFProject Analytics Group, LLC, Consultant for Plaintiff

  • 2012
  • Colorado Springs, Colorado
  • Plaintiff:           MWH Constructors
  • Client:              David Norfleet, Principal – Project Analytics Group
  • Counsel:          Hubert Farbes, Jr., Esq. – Brownstein Hyatt Farber Schreck
  • Dispute between design architectural – engineering firm and plaintiff regarding responsibility for numerous change orders which occurred during construction of military facility. Reviewed numerous documents and photographs provided by others and developed opinions regarding responsibility for change orders.
  • Prepared written report, submitted September 28, 2012
  • Case settled January, 2013

 American Butchers Consulting – Continental Western Group, Insurance Company for Defendant

  • 2012
  • Beaver City, Nebraska
  • Insured:           Mr. Corey Chapman, Chapman Refrigeration, Inc.
  • Claimant:         Mr. Calvin Wineland, American Butchers
  • Insurance Company Representative: Ms. Teresa Gorton
  • Dispute regarding the sizing of replacement refrigeration equipment at existing meat processing plant and storage locker. Involvement included review of available documents and photographs and conducting telephone interviews of involved parties to develop opinions of responsibility.
  • Prepared written report, submitted September 27, 2012

Levy ResidenceBertram Law Firm, Attorney for Plaintiff

  • 2012
  • Denver, Colorado
  • Defendant:
      • S & R Mechanical
  • Council:            D. A. Bertram, Esq.
  • Dispute regarding design and installation of solar assisted gas fired heating plant intended to serve existing house and addition space heating, existing swimming pool, new snow melt area, and domestic hot water generation.
  • Prepared written report, submitted September 25, 2012

Park 100 Condominiums – McKenzie Rhody & Hearn, LLC, Attorney for Plaintiff

  • 2012
  • Denver, Colorado
  • Defendants:
    • Silverstone Development – Colorado LLC
    • Hearthstone Inc
    • SSCC Park 100 – Denver, LLC
    • Jeffrey A. Wikstrom
    • Tammy Sotomayor
  • Council:            Allan Mena, Esq.
  • Dispute regarding proper funding of reserve account during conversion of existing apartment building to individually owned condominium units. Focus on existing mechanical equipment and required maintenance and replacement history.
  • Prepared written report, dated September 14, 2012
  • Deposed by defendant’s legal team, Travis Campbell, Esq., and Melissa Shisler, Esq., February 4, 2013
  • Case settled, May 27, 2013

Park Hill Village Condominiums – McKenzie Rhody & Hearn, LLC, Attorney for Plaintiff

  • 2012
  • Denver, Colorado
  • Defendants:
    • Park Hill Properties, LLC
    • 1292 Management, LLC f/k/a Delwest Management, LLC
    • Joseph A. Delzotto
    • Park Hill Condominiums, LLC
  • Counsel:          Allan Mena, Esq.
  • Participated in initial site walk-through, performed HVAC load calculations and duct static calculations, reviewed mechanical equipment selection and installation, investigated combustion air system for swimming pool and spa heating systems, scrutinized heating system employed in mechanical and water service entry closets.
  • Prepared written report, submitted June 1, 2012
  • Case settled, December, 2012

 Simms Residence – Michael and Michelle Simms, Defendants

  • 2012
  • Greenwood Village, Colorado
  • Plaintiff:           Coggeshall Construction
  • Counsel:          Jean Arnold, Esq. – Arnold & Arnold, LLP
  • Dispute regarding final payment for non-approved revisions to crawlspace ventilation and natural gas piping system. Poor construction quality resulted in significant additional cost and modifications by Defendants correcting work performed by contractor.
  • Prepared multiple written reports dated:
    • February 10, 2012,
    • March 2, 2012,
    • March 19, 2012,
    • April 9, 2012
  • Provided expert testimony in Arbitration hearing, August 13, 2013

 Hyatt Cottages – Harris, Karstaedt, Jamison & Powers, PC, Attorney for Defendant

  • 2012
  • Highlands Ranch, Colorado
  • Defendant:      Friend Climate Control
  • Counsel:          Thomas Falivene, Esq.
  • Participated at initial site walk-through, performed duct sizing calculations and prepared written report. Alleged defect involves contractor modifications to specified return air system sizes and air device quantity and location.
  • Prepared Letter of Response, dated March 12, 2012
  • Case settled, Spring 2012

Glass House – McKenzie Rhody & Hearn, LLC, Attorney for Plaintiff

  • 2011
  • Denver, Colorado
  • Defendants:
    • Wood Partners, LLC
    • East-West Partners – Denver, LLC
    • Alta Riverfront, LLC
    • J.E. Dunn Construction Company
    • Design Mechanical, Inc.
  • Counsel:          Michael Hearn, Esq.
  • Participated at initial site walk-through and assisted with preparation of Description of Claims. Defects include deficiencies with installed dx air conditioning systems and associated refrigerant piping, domestic water heating systems and thermal expansion tanks. Conducted testing of mechanical system components within dwelling units. Organized and attended testing of electric water heaters at off-site forensic test laboratory.
  • Prepared rebuttal report on defendant’s response letter, dated February 21, 2012.
  • Prepared written report, submitted October 11, 2013
  • Prepared rebuttal reports dated January 25, 2014 & March 12, 2014
  • Deposed by defendant’s legal team, Giovanni M. Ruscitti, Esq., April 11, 2014.
  • Case settled, May 22, 2014

RiverGate Lofts – Solutions Before, Solutions After, Forensic Representative for Sullan, Sandgrund, Smith & Perczak, PC – Attorney for Plaintiff

  • 2011
  • Durango, Colorado
  • Defendants:
    • RiverGate Lofts Partners, LLC
    • Okland Construction Co, Inc.
    • Vendola Plumbing & Heating
  • Counsel:          Mari Perczak, Esq.
  • Prepared rebuttal report on behalf of SBSA following departure of staff engineer initially responsible for SBSA report. Alleged defects included faulty water source heat pump sizing and installation, air distribution installation defects, excessive system noise experienced within residential units and failure of HVAC system to adequately mitigate formation of winter condensate on fenestration.
  • Rebuttal report dated May 25, 2011.
  • Deposed by defendant’s legal team, Stephen Laman, Esq., Todd Fleckenstein, Esq., and Kristin Anderson, Esq., August 29, 2011.
  • Case settled, December, 2011.

 Cherry Creek Gun Club – Arnold & Arnold, LLP, Attorney for Defendant

  • 2011
  • Denver, Colorado
  • Defendant:      Westco Systems, Inc.
  • Counsel:          Jean C. Arnold, Esq.
  • Investigated construction defects alleged by plaintiff regarding construction at this indoor shooting range facility to replace aging HVAC system.
  • Prepared report, submitted May 25, 2011
  • Case settled, June, 2011

Lincoln Square Lofts – Western Engineering and Research Company, Forensic Representative for Harris, Karstaedt, Jamison & Powers, PC – Attorney for Defendant

  • 2011
  • Lone Tree, Colorado
  • Defendant:      Trammell Crow Residential Company
  • Counsel:          Thomas H. Falivene, Esq.
  • Dispute regarding frozen fire sprinkler piping and resultant water damage within residential condominium unit.
  • Prepared written rebuttal report, dated December 1, 2012

Goodman Residence Consulting – Bennington Johnson Biermann & Craigmile, LLC, Attorney for Plaintiff

  • 2011
  • Vail, Colorado
  • Plaintiff:           B. A. Goodman
  • Counsel:          Phillip E. Johnson, Esq.
  • Investigated construction defects resulting in excessively warm temperatures and resultant discomfort within condominium unit owned and occupied by plaintiff.
  • Prepared written report, submitted May 4, 2011

 STEFSolutions Before, Solutions After, Forensic Representative for Plaintiff

  • 2011
  • Colorado Springs, Colorado
  • Plaintiff:           MWH Constructors
  • Client:              David Norfleet, Director SBSA
  • Dispute between design architectural – engineering firm and plaintiff regarding responsibility for numerous change orders which occurred during construction of military facility. Reviewed numerous documents and photographs provided by others and developed opinions regarding responsibility for change orders.
  • Prepared written report, dated March 14, 2011

312 Benchmark Drive – Cozen O’Connor, PC, Subrogation Attorney

  • 2010-2011
  • Mountain Village, Colorado
  • Plaintiff:           Great Northern Insurance Company
  • Counsel:          Brad Breslau, Esq.
  • Home constructed with electrically driven steam generator located in unheated, insulated attic enclosure. Performed heat loss and energy balance calculations to substantiate cause of domestic water line freezing in residential ventilated attic.
  • Prepared report, submitted May 11, 2011
  • Case settled, fall 2011.

1024 Anaconda – Cozen O’Connor, PC, Subrogation Attorney

  • 2010-2011
  • Castle Rock, Colorado
  • Plaintiff:           Great Northern Insurance Company
  • Counsel:          Sarah Killeen, Esq.
  • Home constructed with electrically driven steam generator located in unheated, insulated attic enclosure. Performed heat loss and energy balance calculations to substantiate cause of domestic water line freezing in residential ventilated attic.
  • Prepared written report, submitted January 24, 2011 and rebuttal report dated March 21, 2011
  • Deposed by defendants legal team, David Bost, Esq., and Colin Campbell, Esq., March 25, 2011
  • Case settled, January, 2012.

McKenzie Place – Oakridge – Godin & Baity, LLC, Attorney for Plaintiff

  • 2010-2011
  • Fort Collins, Colorado
  • Plaintiff:           McKenzie Simms
  • Counsel:          Jerome Joseph, Esq.
  • Unresolved noise issues within residential dwelling units and common areas within complex, excessive sizing of mechanical equipment.
  • Prepared written report, submitted December 22, 2010
  • Case settled, May, 2011

 Merage Residence Consulting – Bennington Johnson Biermann & Craigmile, LLC, Attorney for Plaintiff

    • 2010
    • Grand Lake, Colorado
    • Plaintiff:           Lin Merage
    • Counsel:          Tami Sapp, Esq.
    • Conducted pre-settlement walk-through of property, previously litigated, to review terms of mechanical systems issues settlement.
    • Prepared written report, submitted March 4, 2010

 Simpson Residence – Bennington Johnson Biermann & Craigmile, LLC, Attorney for Plaintiff

  • 2009-2010
  • Newcastle, Colorado
  • Plaintiff: Pat and Julia Simpson
  • Counsel: Adam F. Aldrich, Esq.
  • Unresolved mechanical system operational issues such as faulty wiring, zoning boundaries, leaking components, Owners concerns regarding zoning requirements expressed during design were not complied with resulting in dissatisfaction.
  • Prepared written report, submitted March 25, 2009
  • Provided expert testimony in Arbitration hearing, April 14, 2010

 Hanabi Grill – Senter Goldfarb & Rice, LLC., Attorney for Defendant

  • 2008
  • Denver, Colorado
  • Defendant:      Norse Contractors, Inc
  • Counsel:          Russell W. Sinnett, Esq.
  • Grease exhaust duct system failure affecting fourteen hibachi style down flow exhaust systems.
  • Prepared written report, submitted September 2, 2008
  • Deposed by Third Party Defendants legal team, September 8, 2008, Philip B Cardi, Esq., Jackson Kelly, PLLC
  • Deposed by Architects legal team, September 8, 2008, Steven L. Heisdorffer, Esq., Godin & Baity, LLC
  • Deposed by Plaintiff’s legal team, November 11, 2008, Jeffrey M. Villanueva, PC
  • Litigation completed without further testimony.

Gore Creek Place Residences – Brownstein Hyatt Farber Schreck, Attorney for Plaintiff

  • 2007-2008
  • Vail, Colorado
  • Plaintiff:           Vail Resorts and Development, Inc.
  • Counsel:          Hubert A. Farbes, Jr., Esq.
  • Investigation into non-ventilated and overheating boiler rooms, mis-installed boiler piping systems, water treatment deficiencies leading to advanced premature corrosion within boiler systems.
  • Prepared written report, submitted February 28, 2008

Horizon Pass Lodge – Sherman & Howard, Attorney for Plaintiff

  • 2007-2008
  • Avon, Colorado
  • Plaintiff:          East – West Partners, Inc.
  • Counsel:          Durward E. Timmons, Jr., Esq.
  • Investigation into causes for excessive infiltration leading to cold space temperatures and inadequately venting gas fireplaces leading to spillage of products of combustion.
  • Prepared written report, submitted May, 11, 2007
  • Modifications to install make-up air equipment completed.
  • Negotiated settlement.

 Hanabi Grill – Dodson and Associates, PC, Attorney for Defendant

  • 2006
  • Denver, Colorado
  • Defendant:      Norse Contractors, Inc
  • Counsel:          Rocco Dodson, Esq.
  • Grease exhaust duct system failure affecting fourteen hibachi style down flow exhaust systems.
  • Prepared written report, submitted 1.16.07
  • Counsel relationship with defendant terminated

 Greko Residence Consulting – Cambell Bohn, LLC, Attorney for Plaintiff

  • 2006
  • Denver, Colorado
  • Plaintiff:           Barbara Greko
  • Counsel:          Armando Y. Aguilar, Esq.
  • Residential plumbing system failure
  • Investigated defective plumbing installation and recommended necessary repairs.
  • No further action taken

Red Rocks Health Care Facility Consulting – Icenogle, Norton, Smith & Blieszner, Attorney for Defendant

  • 2004-2005
  • Denver, Colorado
  • Defendant:      Colorado Department of Transportation
  • Counsel:          Edward J. Blieszner, Esq.
  • Plaintiff alleged that heat gain to residential care facility increased significantly as a result of elimination of shade trees during the TREX improvements to northbound Interstate I-25.
  • Prepared load calculations that proved the heat gain to building was not significant, and that plaintiff’s claims were overstated.
  • Case resolved without testimony

Embassy House – Antonio Bates Barnard, P.C., Attorney for Plaintiff

  • 2003-2004
  • Denver, Colorado
  • Plaintiff:           Dr. Robert Powers
  • Counsel:          Sandra A. Lilley, Esq.
  • Plaintiff claimed that poor indoor air quality within residential dwelling unit was damaging to his health, requiring plaintiff to vacate the property.
  • Prepared report that indicated that common area ventilation within area surrounding residential dwelling unit met the minimum standards set by the governing Denver Building Code at the time of construction. Exhaust ventilation from dwelling unit was sufficient to remove indoor pollutants generated in kitchen and restrooms. Neighbor immediately below plaintiff repeatedly violated building smoking ordinance and was believed to be responsible for plaintiff’s medical difficulties.
  • Prepared written report, submitted May 21, 2004

DPS Credit UnionWhite & Steele, P.C., Attorney for Defendant

  • 2003
  • Denver, Colorado
  • Defendant:      Levary Engineering Consultants
  • Counsel:          Joseph King, Esq.
  • Construction documents prepared by the Defendant included errors regarding the sizing of the heating water supply and return piping. Defendant initially hired to solve HVAC problems in the building but failed to solve the heating problems. Solution presented by Defendant resulted in temperature control difficulty and energy waste.
  • Prepared written report, submitted July 10, 2003

Clune Residence Consulting – Bennington Johnson Reeves, P.C., Attorney for Plaintiff

  • 2002
  • Wolcott, Colorado
  • Plaintiff:           Mrs. Eileen Clune
  • Counsel:          Kenneth R. Bennington, Esq.
  • Plaintiff claimed that propane usage for new residence was excessive. Prepared report and load calculations that proved that propane use was reasonable for the construction, location and heating system employed.
  • Prepared written report, submitted October 4, 2002

California Café – Park Meadows MallLee & Associates, P.C., Attorney for Defendant

  • 2001
  • Lone Tree, Colorado
  • Defendant:      California Café
  • Counsel:          Armando Y. Aguilar, Esq.
  • Initially, dispute was between California Café and furniture store immediately below. It was alleged that poor floor sealing had resulted in spilled wine leaking through floor and subsequently damaging furniture beneath. My investigation of site led to discovery of defective plumbing piping, leading to minute leakage and corrosion.
  • Case was settled prior to issuing final report.

La Quinta Inn Consulting – Lee & Associates, P.C., Attorney for Potential Defendant

  • 2001
  • Greenwood Village, Colorado
  • Potential Defendant:   Pahl, Pahl, Pahl, P.C.
  • Precautionary investigation into causes of boiler venting system failure that led to serious injuries to two hotel guests. Identified path taken by flue gas following catastrophic failure of boiler vent and combustion air systems.
  • Potential Defendant not named in litigation, engagement concluded.

Chars Restaurant – Montgomery Little & McGrew, P.C., Attorney for Defendant

  • 2001
  • Aspen, Colorado
  • Defendant:      Bill Poss & Associates, Inc.
  • Defendant was the architect of record for this failed restaurant project. Defendant argued that the use of the basement space was inappropriate for its intended purpose and that the owner (plaintiff) had insisted upon its use in this manner.
  • Prepared written report, submitted October 15, 2001

Chars Restaurant – White & Steele, P.C., Attorney for Defendant

  • 2001
  • Aspen, Colorado
  • Defendant:      Yoder Engineering, Inc.
  • Counsel:          Joseph King, Esq.
  • Plaintiff claimed that HVAC system was undersized for basement restaurant space with wood fired pizza oven. Defendant argued that existing HVAC system was utilized for new restaurant occupying space once used by previous restaurant. Prepared HVAC load calculations that confirmed that HVAC system was undersized for loads produced by new restaurant configuration.
  • Prepared written report, submitted February 10, 2001

El Sombrero Restaurant – Holly, Albertson & Polk, P.C., Attorney for Plaintiff

  • 2000-2001
  • Sheridan, Colorado
  • Plaintiff:           Motor Crane Services, Inc.
  • Counsel:          Howard R. Stone, Esq.
  • Plaintiff took legal action to recover lost rent due to Defendants abandonment of premises where they had a binding lease. Defendant argued unsuccessfully that plaintiff was responsible for sewer gas odor within restaurant. Investigation led to the discovery of numerous leaking and/or open sanitary vent lines within building and hidden and un-primed traps of floor drains below dining areas carpeted by Defendant. Allegations of sewer gas from nearby landfill and cracked floor slab were proven false.
  • Prepared initial written report November 28, 2000
  • Prepared report answering interrogatories, April 26, 2001
  • Deposed by Defendants attorney, Mr. Scott Levin, Esq., Fisher Sweetbaum & Levin, P.C., October 25, 2001
  • Case settled prior to litigation.

642 Skysail Street Consulting – Bennington Johnson Reeves, P.C., Attorney for Plaintiff

  • 2000
  • Fort Collins, Colorado
  • Counsel:          Kenneth R. Bennington, Esq.
  • Homeowner (plaintiff) of new home was concerned that HVAC system was undersized. Performed HVAC load calculations to prove that residential HVAC system was sized adequately.
  • Provide verbal report to plaintiff’s attorney.

Canyon Ranch Apartments – Burdman & Benson, LLP, Attorney for Plaintiff

  • 1998
  • Highlands Ranch, Colorado
  • Plaintiff:           Canyon Ranch Apartments HOA
  • Counsel:          Milo Miller III, Esq.
  • Plaintiffs argued that improper plumbing/heating system installation led to premature failure of water heater tanks. Investigation proved that reduced pressure backflow preventers were installed on the domestic water service to apartment buildings. This caused tank failure due to lack of thermal expansion device on water heaters.
  • Prepared written report, submitted January 19, 1999

Eben Ezer Lutheran Care CenterBertram and Associates, P.C., Attorney for Plaintiff

  • 1998
  • Brush, Colorado
  • Plaintiff: Eben Ezer Lutheran Care Center
  • Counsel: D. A. Bertram, Esq.
  • Investigated poorly functioning HVAC system within retrofitted building and made recommendations for corrective system modifications.
  • Following initial investigation and meetings, asked to design necessary modifications to convert indirect-direct evaporative cooling system in conjunction with variable temperature – variable volume (VVT) system to a direct expansion cooled variable air volume (VAV) system.
  • Recommended colleague to continue as HVAC Expert for ongoing legal case.

Peak Health Club Consulting – Chrisman Bynum Johnson, P.C., Attorney for Defendant

  • 1995
  • Nederland, Colorado
  • Defendant:      Peak Health Club
  • Investigated ventilation system in vicinity of indoor whirlpool to dispute allegation of indoor air quality deficiency brought by club member. Successfully argued that existing ventilation system was adequate and within standard of care for similar facilities.
  • Prepared written report.

Security Life Building – Bennington Johnson Reeve, P.C., Attorney for Plaintiff

  • 1993
  • Denver, Colorado
  • Plaintiff:           Security Life Building
  • Counsel:          Kenneth R. Bennington, Esq.
  • Prepared calculations proving that failure of PPG spandrel panels caused the building central cooling plant to be undersized.
  • Prepared written report.

Young Residence – Anderson Campbell Laugeson, P.C., Attorney for Plaintiff

  • 1990-1991
  • Evergreen, Colorado
  • Plaintiff:           Young
  • Investigated cause of propane explosion resulting after poor water heater repair.
  • Prepared written report.

Ridgehill Condominiums – Brownstein Hyatt Madden, P.C., Attorney for Plaintiff

  • 1990
  • Aurora, Colorado
  • Plaintiff:           Ridgehill Condominiums HOA
  • Counsel:          Kenneth R. Bennington, Esq.
  • Investigated cause of malfunctioning wood burning fireplaces within condominiums. Concluded that negative pressure caused by toilet and kitchen exhaust and laundry operation created a downdraft condition at wood burning fireplaces, causing smoke entry into dwelling units.
  • Prepared written report.
  • Testified at Arbitration hearing, October 23, 1990.
  • Arbitrator found for the Plaintiff.

Kelly Walsh High School Consulting – McKenzie & McPhail, P.C., Attorney for Plaintiff

  • 1990
  • Casper, Wyoming
  • Plaintiff:           Insurance Company for Natrona County School District
  • Counsel:          Michael McKenzie, Esq.
  • Investigated cause of failed asbestos abatement exercise. Following abatement of multi-pod high school facility, change in federal testing procedure resulted in failure of cleaning process. Successfully determined the source of unabated asbestos within HVAC outdoor air supply ductwork.
  • Prepared written report.

Silverthorne Comfort Inn Consulting – Forcon International, Inc., Forensic Representative for Defendant

  • 1990
  • Silverthorne, Colorado
  • Defendant:      Silverthorne Comfort Inn
  • Successfully investigated and identified the cause of a swimming pool boiler vent system failure which had previously resulted in the hospitalization of hotel guests.
  • Prepared written report.

The Trails ApartmentsBrownstein Hyatt Madden, P.C., Attorney for Plaintiff

  • 1989-1990
  • Aurora, Colorado
  • Plaintiff:           The Trails Apartments
  • Counsel:          Kenneth R. Bennington, Esq.
  • Investigated the cause of frozen piping and subsequent failure and water damage from domestic water piping designed for installation within exterior building walls.
  • Prepared written report.

Sable Cove Apartments Consulting – Forcon International, Inc., Forensic Representative for Plaintiff

  • 1989-1990
  • Aurora, Colorado
  • Plaintiff:           Sable Cove Apartments
  • Investigated the cause of frozen piping and subsequent failure and water damage from domestic water piping designed for installation within exterior building walls.
  • Prepared written report.

Cherry North Condominiums – Silver & Debosky, P.C., Attorney for Plaintiff

  • 1985-1986
  • Denver, Colorado
  • Plaintiff:           Barton Brothers Concrete
  • Counsel:          Bruce Debosky, Esq.
  • Investigated plaintiff’s claims that the designed and installed HVAC system was undersized for its intended purpose, leading to occupant discomfort.
  • Prepared written report
  • Deposed by Defendants legal team, Miller Associates, January 22, 1986
  • Case settled prior to litigation