1. EXPERT WITNESS CASE EXPERIENCE LIST: The following is a list of litigation cases where Gerald Spencer was commissioned to provide plaintiff or defense attorneys with expert witness and/or forensic investigation engineering services to support their facts in the litigation. My fields of expertise are the HVAC, electrical, plumbing, cryogenics, ventilation, contract compliance, construction cost estimating, construction contract acquisition, construction contract administration, and other MEP construction matters.
1.1. HONEYWELL V. BROWN & ROOT PIONEER CONSTRUCTION CONTRACT DISPUTE - AAA Arbitration - 70 Y 198 00463 00 - Gerald Roy Spencer, P.E. was retained by Mr. Charles Getman, Esq. with the Houston law firm of Cokins, Bosien & Young, P.C.; 1221 Lamar- 16th Floor; Houston, Texas 77010; (713) 535-5514; email@example.com as an expert witness for an assignment which he served as an expert witness for deposition and also an expert trial witness in support of the denial of a $32M counterclaim before an arbitration panel. The outcome for the counterclaim portion of the trial was that the arbitration panel ruled to completely deny 100% of the part of the counterclaim where Gerald Spencer's testimony was applicable. - March 2002.
1.2. PLUMBING INCOMING WATER SERVICE LINE FAILURE - Mississippi Civil Court 2005-0025-JC - D. Parkway Holdings, LLC v. Dale & Associates, P.A., et al. - Gerald Roy Spencer, P.E. was retained by Mr. D. James Blackwood, Jr., Esq. with the Mississippi law firm of Copeland, Cook, Taylor & Bush, P.A.; 600 Concourse, Suite 100; 1076 Highland Colony Parkway; Ridgeland, MS 39157; (601) 427-1252; firstname.lastname@example.org; as an expert witness for an assignment where he provided forensic investigation and a formal "Expert Witness" report opinion defining the cause for a structural foundation failure attributed to a plumbing waterline failure, in preparation for expert witness testimony in deposition and also testimony as an expert trial witness. - May 2008.
1.3. FIRE DAMAGE - Texas Court Case Number 06-11-11495-CV - Brock v. Strickling, Individually and d/b/a Restoration Services of Houston, and d/b/a Fire Restoration Services of Houston: and Gulf Restoration, Inc., also GBrock v. ASI Lloyds Gerald Roy Spencer, P.E. was retained by Mr. Michael Johnston, Esq.; with the Houston law firm of Johnston Legal Group PC; 5300 Memorial; Suite 375; Houston, TX 77007; (713) 830-4816; (713) 830-4816; email@example.com; as an expert witness for an assignment where he provided forensic investigation and a formal "Expert Witness" report opinion defining the cause for a smoke and fire damage, in preparation for expert witness testimony in deposition and also testimony as an expert trial witness.. - October 2008.
1.4. RESIDENTIAL HVAC FAILURE - Gulf Coast Air Conditioning v. Wyndam Builders - 3256 Chevy Chase HVAC Case No. 70 110 00623 09 - Mr. Daniel D. Kistler, Esq.; Gordon & Rees, LLP; 3D/International Tower; 1900 West Loop South, Suite 1000; Houston, TX 77027; (713) 490-4819; firstname.lastname@example.org - Gerald Roy Spencer, P.E. served as an expert witness and provided testimony at open deposition and mediation concerning the causes of formation of mold and mildew in the residence. May 2010.
1.5. SCURLOCK TOWER SURGICAL FLOOR ELECTRICAL EMERGENCY POWER SYSTEMS FAILURE - The Methodist Hospital - caused by building potable leakwater leak - Mr. Iain Simpson, Esq. - De la Rosa & Chaumette; 1330 Post Oak Blvd., Suite 2250; Houston, Texas 77056; (713) 395-0991; email@example.com; - December 2009 - Gerald Roy Spencer, P.E. served as an expert witness and prepared an expert witness Expert Opinion defining the responsibility for water pipe leak that caused electrical emergency power systems failure. - December 2009.
1.6. ROBERT NAVARRO & ASSOCIATES ENGINEERING, INC. and BATH ENGINEERING CORPORATION, Appellants, v. FLOWERS BAKING CO. OF EL PASO, LLC., Appellee. - No. 08-10-00236-CV - Mr. Henry J. Paoli, Esq., Associate; ScottHulse, PC; El Paso Office; 1100 Chase Tower; 201 East Main Drive; El Paso, TX 79901 - December 2009 - Gerald Roy Spencer, P.E. served as an expert witness and prepared an expert witness Expert Opinion in a sworn AFFIDAVIT defining the responsibility for engineers that failed to properly execute the facility design. - December 2009
1.7. STEAM VALVE FAILURE - The Methodist Hospital - Gerald Spencer has been retained to serve as a Forensic Engineer and possibly an Expert Witness in one case involving a 400 psi steam valve failure system at a recently completed new hospital in Tomball, Texas. Ms. Laura A. Edmiston, Esq., De la Rosa & Chaumette; 1330 Post Oak Blvd., Suite 2250; Houston, Texas 77056; (832) 485-5902 (direct); firstname.lastname@example.org. June 2011
1.8. ACCIDENTAL DEATH DUE TO HVAC EQUIPMENT FAILURE - Gerald Spencer has also been retained to serve as a Forensic Engineer and an Expert Witness in one wrongful death case in Texas where a tenant in a retirement home died during a HVAC equipment failure. Ms. Jan Woodward Fox, Esq., A Professional Legal Corporation, The Lyric Centre, 440 Louisiana, Suite 900, Houston, TX 77002, (713) 623-8600; email@example.com September 2011.
1.9. INTERIOR STORM DRAINAGE SYSTEM - Gerald Spencer is serving as a Forensic Engineer and an Expert Witness in Cause No: 2009-76361 involving an interior storm drainage system at a new HONDA automobile dealership. Mr. James D. Bertsch, Esq., Attorney / Mediator, Touchstone Bernays - Attorneys at Law, 4040 Renaissance Tower, 1201 Elm Street, Dallas, Texas 75270-2196, 214-741-1166 firstname.lastname@example.org June 2011.
1.10. POTABLE FLUSH VALVE LEAKING - Gerald Spencer is serving as a Forensic Engineer and an Expert Witness in Cause No: 2009-76361 involving flush valve leaking that was causing interior moisture and mold at a new automobile dealership. Mr. James D. Bertsch, Esq., Attorney / Mediator, Touchstone Bernays - Attorneys at Law, 4040 Renaissance Tower, 1201 Elm Street, Dallas, Texas 75270-2196, 214-741-1166 email@example.com January 2013.
1.11. PVC WATERLINE FAILURE - The Methodist Hospital - Gerald Spencer has also been retained to serve as a Forensic Engineer and possibly an Expert Witness in one PVC waterline failure at a fairly new hospital in Sugarland, Texas. Ms. Laura A. Edmiston, Esq., De la Rosa & Chaumette; 1330 Post Oak Blvd., Suite 2250; Houston, Texas 77056; (832) 485-5902 (direct); firstname.lastname@example.org. September 2011.
1.12. RESIDENTIAL HVAC FAILURE - Gerald Spencer has also been retained to serve as a Forensic Engineer and possibly an Expert Witness in one HVAC system failure to control temperature at a new large Houston (River Oaks) residence.
1.13. CHRISTIAN METHODIST EPISCOPAL CHURCH FIRE - Gerald Spencer, P.E. was commissioned by the church to prepare a construction cost estimate in support of a claim against the Insurance Company for fire damages for the replacement cost of the destroyed facility for the Metropolitan CME Church; 7553 South Freeway (288 at Holly Hall), Houston, TX 77021-5928; (713) 524-9556; Rev. Ed Lockett, Pastor. The initial insurance company offer of $2.2M was increased to $7.5M after the Spencer replacement construction cost estimate report was submitted. January 2003.
1.14. NEW HIGH RISE CONDOMINIUMS - TEMPORARY PLUMBING LINE FAILURE - Gerald Spencer has also been retained to serve as a Forensic Engineer and possibly an Expert Witness in one temporary potable plumbing water distribution system failure at a fairly new high rise at 191 Colorado in downtown Austin with individual condominium residences. Dugan, Brinkmann, Maginnis and Pace; 1880 John F. Kennedy Boulevard - 14th Floor; Philadelphia, PA 19103; Randy C. Greene, Esq., Attorney at Law; SPayne@dbmplaw.com ; (215) 563-3500 x3525 - Field investigation only at this time. June 2012.
1.15. PLUMBING SYSTEM INVESTIGATION and report of the Medina County Hospital located at 3100 Avenue E in Hondo, Texas - Ms. Joanna Lippman Salinas, Esq. email@example.com. Field Report only at this time. September 2012.
1.16. PROFESSIONAL ENGINEERING MALPRACTICE, NEW BARRACKS AT CAMP PENDLETON, CA . DESIGN-BUILD CONTRACT N62473-09-C-1233 in January 2013 just started and General Contractor client decided not to pursue litigation against plumbing and HVAC subcontractors after the initial investigation. Wood, Smith, Henning & Berman, LLP; 5000 Birch Street, Suite 8500; Newport Beach, California 92660; Sam L. McDermott, Esq., Attorney at Law & Jonathan A. Chen, Esq., Attorney at Law. Gerald Spencer, P.E. recommended that the client drop the litigation against the Engineer of Record for the MEP January 2013.
1.17. DESIGN BUILD ELECTRICAL SUBCONTRACTOR CLAIM DEFENSE - AARA Neche LPOE and the AARA Walhalla LPOE Border Crossing Control construction projects - Case 2:12-cv-00089-RRE-KKK Document 1 Filed 10/18/12 - ITSI Gilbane c/o Ms. Tamara L. Boeck, Esq.; Partner, Stoel Rives LLP; 500 Capitol Mall, Suite 1600; Sacramento, CA 95814 - (904) 319-4678 - Defending General Contractor against an Electrical Contractor claims totaling more than $1M for additional payment in relation to the construction of the Electrical work that is a part of the U. S. Army Corps of Engineers Contract W9126G-08-D-0085 Task Order. Final adjudication of this matter denied all of the subcontractor's 46 claims against the general contractor in an amount of excess of $1M. March 3013 based upon the expert witness report of Gerald Spencer, P.E.
1.18. ACCIDENTAL DEATH BY ELECTROCUTION - 4601 Willowbend. Houston, Texas; OSHA Involvement; Mr. Neal Evan Spielman, Esq., Griffin & Matthews - Houston, Texas (281) 870-1124; Field Report only at this time. Plumber in attic of residence electrocuted. September 2013.
1.19. PROFESSIONAL ENGINEERING MALPRACTICE actions that are a part of the creation of a VENTILATION SYSTEM TO SERVE AN INDOOR GUN FIRING RANGE in Katy, Texas for Tactical Firearms c/o Mr. Nicholas J. Reisch, Esq.; Zimmerman, Axelrad, Meyer, Stern & Wise, P.C.; 3040 Post Oak Blvd., Suite 1300; Houston, TX 77056-6560. Expert witness Report only at this time. Report to support gross negligence litigation against the Engineer of Record for the MEP. September 2013. Opposing side accepted the Expert Witness Report of Gerald Spencer, P.E. without comment.
1.20. RESIDENTIAL PLUMBING SYSTEM INVESTIGATION in Santa Fe, Texas, just started and performed field investigation only; The Busbee Law Firm. September 2013.3.21. HVAC reliability problems - Woodlands, Texas Residence letter report only. September 2013.
1.21. CRYOGENIC BIOLOGICAL MEDICAL SAMPLE STORAGE FAILURE - CIRCUIT COURT OF COOK COUNTY, ILLINOIS, COUNTY DEPARTMENT, LAW DIVISION, Case No. 13 L 009332; Gerald Spencer performed as a Technical Consultant to Mr. James Wideikis, Esq.; Lewis Brisbois Bisgaard & Smith, LLP; 312-462-3455 in this matter. Gerald Spencer observed, participated in and documented the procedures of the off-site laboratory testing of the cryogenic storage system. January 2014.
1.22. APARTMENT HOT WATER TEMPERATURE PERSONAL INJURY ISSUE - Rebecca L. Van Court. Esq.; Bush & Ramirez, L.L.C.; 5615 Kirby Drive, Ste. 900; Houston, Texas 77005; firstname.lastname@example.org; (713) 626-1555; Gerald Spencer performed an on-site field investigation and then the case settled. June 2014
1.23. RESIDENTIAL HVAC FAILURE - Multiple HVAC systems with multiple cooling coil failures due to evaporator coils freezing at several at of these systems at a large residence in The Woodlands, TX 77382. Forensic Analysis only February 2013.
1.24. AIRCRAFT HYDRAULIC SYSTEM TRAINING INFRASTRUCTURE CONTRACT DISPUTE - Kelly-Lackland AFB Design-Build contract dispute settled 2014 before forensic engineering completed. Danny Gurwitz with Atlas, Hall & Rodriguez, L.L.P.; 818 Pecan; McAllen, Texas 78501; 956.682.5501; email@example.com.June 2014
1.25. WATER SERVICE ENTRANCE FAILURE - A new underground building water service at failed a new Office Building shortly after building occupancy. Wesson Tribble, Esq.; The Tribble Law Firm; 3355 West Alabama - Suite 1200; Houston, TX 77098; (713) 622-0444. Design-Build contract dispute settled 2014 before forensic investigation completed. June 2014
1.26. OTHER MATTERS IN PROGRESS - There are approximately twenty other cases that are in progress at this time where the services of Gerald Spencer are not final.
2. DESCRIPTION OF EXPERT WITNESS SERVICES PROVIDED BY GERALD SPENCER, P.E.: With more than 50 years as the engineer of record responsible for the design and construction of more than 1300 mechanical, HVAC, electrical and plumbing construction projects, Gerald Spencer, P.E. has been providing expert witness services in support of litigation matters since 2001.
My Expert Witness philosophy is that all expert opinion reports that I generate should present overwhelming evidence as required to convince the opposing side to capitulate and agree to the demands of your client in this matter and grant all of your client’s demands if the facts of the matter are in favor of your client. I can also provide reports that mitigate damages caused by your clients as required to provide a "Softer Landing" for matters where your client is (possibly) liable for damages.
Gerald Spencer believes that Expert Opinion Reports should be prepared as required for trial by documenting any and all datum that will present all of the true facts and conditions concerning your litigation matter. These reports are prepared with the goal of having the report data written so that non-engineers will be able to understand the report as much as possible.
Gerald Spencer has provided reports and testimony that discredited the existing Expert Witness Reports that were prepared by opposing professional engineer expert witnesses.
Gerald Spencer has prepared reports that defined and documented incompetent engineering actions and also one report defining gross negligent engineering actions as defined by Texas law that were performed by other licensed engineers.
2.1. ENGINEERING MALPRACTICE: Gerald Spencer, P.E prepared one expert opinion report that defined engineering malpractice performed by a Texas Licensed Professional Engineer who is the Engineer of Record (EOR) responsible for the design and construction of an HVAC system for an indoor firing range that did not control the relative humidity in the occupied space and also did not provide the required air velocity for OSHA compliance at the firing line to protect the customers.
This existing HVAC system was configured to consume excessive amounts off electricity and required differential pressures in the duct work so high that this pressure differential caused structural failure of some parts of the ductwork.
This existing HVAC system also had other HVAC design deficiencies.
The Damage Model was prepared and documented by Gerald Spencer.
2.1.1. GROSS ENGINEERING MALPRACTICE: Gerald Spencer has provided documentation showing where the engineer of record did not provide services to the owner that are required by State Law for that engineer to protect the life, safety, health and/or property of the general public. This Expert Opinion Report documented a damage model total of $6,717,570.70.
2.1.2. NEGLIGENT ENGINEERING: Gerald Spencer has prepared Expert Witness reports that documented the design errors, provided a remedial design, calculated the cost of the required remedial construction, calculated the cost of the wasted energy consumption, and calculated the total cost of the damage to the owner that was caused by the faulty HVAC design engineering on this project.
2.2. EXPERT WITNESS DISCREDITED: Gerald Spencer has provided documentation showing where the opinion of the opposing expert Licensed Professional Engineer's formal Expert Opinion Report submitted to the court was in error, not valid, and not applicable to the matter in question. A Licensed Professional Engineer’s Expert Witness report and testimony concerning the roof drains and the roof drain piping was discredited by Gerald Spencer when Gerald Spencer documented the technical errors in the opposing side's Expert Witness Report.
2.2.1. This discreditation of the opposing engineer expert witness was a part of the Gerald Spencer Expert Witness report that was submitted after the opposing expert witness report was submitted and reviewed by Gerald Spencer, P. E.
2.2.2 Opposing side accepted Gerald Spencer's formal report without having Gerald Spencer defend his report in deposition or trial.
2.3. DAMAGE MODELS: Construction cost estimates prepared by Gerald Spencer are a part of the damage models on most of these cases, and this has contributed to the determination of the damage model amounts.
2.3.1. Gerald Spencer has extensive construction cost estimating experience as documented in the various "PRACTICE AREAS" listed in that hot link plus damage models for the construction costs of corrective modifications generated in the hot link “COST ESTIMATING” that are required to make the damaged party whole again. Gerald Spencer has more than 40 years of experience preparing multi-discipline General Contractor Construction Cost Estimates.
2.3.2. Gerald Spencer provides calculations as required to determine other financial damages caused by excessive energy consumption, contract deficiencies and omissions, unsolicited/unauthorized/illegitimate/improper/unfounded contract price modification change requests, deigns errors & omissions, construction contract administration/management errors, requests for change orders, and requests for information. Gerald Spencer has in-house computer programs for performing the energy consumption calculations.
2.3.3. Gerald Spencer is sometimes required to perform early preliminary MEP design as required to provide a documented basis for defining the construction modifications required for establishing a financial amount of damage to make the injured party whole again.
2.3.4. Damage models for HVAC damages will normally include the following items:
18.104.22.168. Costs for a reasonable HVAC engineer to create contract documents as required to define the SOW for solicitation of competitive bids to award a contract to replace the existing HVAC systems, including all design disciplines.
22.214.171.124. Costs for an HVAC engineer to create construction phase contract documents as required to define the construction sequences required to minimize IFR out-of-service time, including all design disciplines.
126.96.36.199. Costs for an HVAC engineer to create Critical Path Method Construction Sequence Schedule documents as required to define the define the construction sequences and the time frames required for each construction operation, including all design disciplines.
188.8.131.52. Construction Costs to replace the existing HVAC systems that were designed and installed under the license of the HVAC engineer. $5,839,323.15
184.108.40.206. Excessive maintenance costs to replace the HEPA filters for the IFR.
220.127.116.11. Excessive utility costs to operate the existing HVAC systems that were designed and installed under the license of the HVAC engineer, when compared to another HVAC system designed by another HVAC Engineer. Gerald Spencer can prepare Energy Consumption Cost Estimates with the existing system which can then be calibrated as close as practical to the existing energy bills in accordance with our in-house energy consumption computer simulation capability. Gerald Spencer can prepare Preliminary Construction Cost Estimates considering different HVAC systems that could have been initially constructed that would provide the required positive humidity control, and possibly have had different energy consumption costs. Gerald Spencer can prepare Preliminary Construction Cost Estimates with different HVAC modifications to the existing HVAC systems suggested and evaluated for construction that would provide positive humidity control, and possibly have different energy consumption costs.
18.104.22.168. Costs for motor replacement one Motor was selected to operate in an overloaded condition within an environment that is not sufficiently ventilated, and burnout should have been expected.
22.214.171.124. Costs for temporary repair for duct failure that was probably caused by absence of any SMACNA or other duct construction specifications
in the contract agreement.
126.96.36.199. Excessive repair and maintenance costs to operate the existing HVAC systems that were designed and installed under the license of the HVAC engineer.
188.8.131.52. Equipment damage due to facility infrastructure failure.
184.108.40.206. Lost revenue due to customer discomfort, infrastructure failure, and/or equipment malfunction;
220.127.116.11. Facility, furniture, fixtures, equipment and inventory damage due to rust, mold, and mildew.
18.104.22.168. Excessive insurance costs due to construction systems selected without insurance being considered as a factor in system selection.
22.214.171.124. Excessive Professional design fees.
126.96.36.199. Gerald Spencer can define an economic value on any past, present, and/or future design decision, casualty loss, energy costs, operational change, maintenance change, mechanical equipment malfunction/failure, and/or other similar considerations.
2.3.5. Gerald Spencer, P.E. will use our in-house computer simulation programs for preparing HVAC load calculations and energy consumption calculations, as he has done since about 1985. Gerald Spencer, P.E. has been doing energy consumption calculations manually since about 1964 before data processing programs for this analysis were available.
8.7. Gerald Spencer, P.E. will use our in-house computer simulation programs for preparing HVAC load calculations and energy consumption calculations, as he has done since about 1985. Gerald Spencer, P.E. has been doing energy consumption calculations manually since about 1964 before data processing programs for this analysis were available.
2.4. ENERGY CONSUMPTION DAMAGE AMOUNTS: The existing energy consumption cost of the HVAC system that was designed and constructed by a Texas Licensed Professional Engineer is compared to the energy consumption cost of a different HVAC system designed by Gerald Spencer, P.E. was a part of the damage model study, and that contributed to the determination of the damage model amount. This report is public record as a part of the report documenting the Engineering Malpractice performed by a Texas Licensed Professional Engineer is the Engineer of Record responsible for the design and construction of a faulty HVAC system.
2.5. SUBCONTRACTOR CLAIMS: An electrical contractor was denied each and every one of 46 separate change order proposal claims against the general contractor for the design/build contract based upon the Expert Witness report prepared by Gerald Spencer, P.E. where Gerald Spencer interpreted the RFP and provided a separate opinion on each of these separate (unfounded) claims. Gerald Spencer's expert report was the basis for the Federal court to deny each and every one of 46 separate claims against the General Contractor
2.6. RESIDENTIAL HVAC HUMIDITY CONTROL FAILURE: Gerald Spencer prepared an Expert Witness report that was essentially the same items that were included into another report prepared by Rodney Lewis, P.E. who was commissioned by the opposing side defining the causes of the resulting mold and mildew due to moisture in a Houston residence.
2.7. ELECTRICAL EMERGENCY POWER SYSTEMS FAILURE: Methodist Hospital, Scurlock Tower suffered a daytime catastrophic loss of electrical power to their operating rooms. Gerald Spencer prepared a report that defined the cause and the responsibility for a catastrophic power failure.
2.8. CONTRACT WORK REQUIREMENT INTERPRETATIONS: There was a $32M dispute on a design-build contract between two multi-national firms, where the technical testimony of Gerald Spencer contributed to the final adjudication in favor of all of the points that Gerald Spencer testified.
2.9. DESIGN BUILD CONTRACTS: The RFP documents for design build contracts are subject to much more interpretation than the conventional IFB contract documents, and this applies to General contractor’s contractual relations with the owner, and also to subcontractor contractual relations with the General contractor.
2.9.1. The successful contract awardee and his subcontractors are usually those that interpret the IFB contract requirements as being the least stringent during their contract bidding process, and this creates problems during construction when the RFP contact requirements are interpreted differently.
2.9.2. Gerald Spencer has provided formal written interpretations of contract document requirements on many occasions.
2.9.3. Gerald Spencer has provided one response to the CESWF RFP to construct 227 FAMILY HOUSING UNITS at Ft. Hood, Texas
2.9.4. Gerald Spencer was commissioned to prepere the RFP to construct 105 FAMILY HOUSING UNITS at Ft. Bliss, Texas for CESWF.
2.9.5. Gerald Spencer has participated in the "TEAM CONCEPT" design-build as the MEP EOR for the construction of many speculative office buildings in the Houston Area, Tampa, Florida and ine multi-story Hotel in Memphis, Tennessee.
3. EXPERT WITNESS QUALIFICATIONS: Gerald Spencer is very believable as an expert witness. His technical expertise along with his sincere honest appearance, his spontaneity, his forthright manner, his ability to present simplified explanations to complex issues, and his convincing arguments in support of his positions is hard to equal. Gerald Spencer, P.E. is the expert witness retained for nore than 15 completed litigation issues.
3.1. Gerald Spencer is the Engineer of Record responsible for the design and construction or more than 1300 HVAC, Electrical, and/or Plumbing construction projects during the past 45 years. As a result of his design experience history, Gerald Spencer’s credentials as an expert witness in the mechanical and electrical engineering fields concerning building facilities are impeccable.
3.2. Gerald Spencer, P.E. is unquestionably qualified to address any problem concerning the HVAC, Electrical, and/or Plumbing aspects of any construction project.
3.3. Gerald Spencer has a great amount of experience where he provided formal expert opinions and statements concerning the technical responsibilities and technical obligations of various parties in relation to their obligations to perform according to their contractual obligations.
3.4. Gerald Spencer has vast construction cost estimating experience that is very useful for preparing economic damage models for construction projects and for projects as required to correct existing design/construction deficiencies.
3.5. Gerald Spencer has vast experience performing economic life cycle cost analysis that can be very useful for preparing damage models to show that poor engineering design decisions created and contributed to damages that include excessive utility consumption, excessive maintenance, system unreliability, and other damages to be inflected upon various parties.
3.6. Damages caused by faulty engineering design can cause excessive utility consumption, excessive maintenance, facility infrastructure interruptions, data processing equipment performance interruptions, system unreliability, power failures, inventory damage, product damage, Data processing equipment failure and other damages to be inflected upon various parties.
3.7. Gerald Spencer has vast experience preparing formal energy consumption economic life cycle cost analysis that can estimate the energy costs when comparing the operating costs of various alternative plants being considered for construction, and formal analysis comparing the operating costs of existing plants to determine the energy consumption part of the damage model.
3.8. Gerald Spencer has represented both Plaintiff and Defense in these litigation matters, and is very comfortable supporting either side. There is not much difference of my services whether I am serving the Plaintiff or the Defense. Most of my expert witness commissions have had multiple parties filing counter claims against the plaintiff plus other parties to the extent that only the original party is defined the plaintiff. The other parties are usually defendants defending plaintiff's original allegations and also cross filing allegations against the plaintiff. Some of the expert witness reports prepared prepared by Gerald Spencer, P.E. defend the client against the plaintiff's allegations, document and comment on other expert witness reports, document and discredit the other opposing expert witnesses testimony if applicable, and provide damage models with construction cost estimates that I am able to defend under cross exsmination.
3.9. Gerald Spencer has testified under oath in a $32M arbitration matter and four times in deposition for other matters. In three recent matters, Gerald Spencer’s Expert Opinion Report was sufficient to overwhelm the opposition, and then the opposition did forgone deposing Gerald Spencer, P.E.
3.10. Gerald Spencer believes that testifying in a sworn legal venue is satisfying and maybe even fun when he is well prepared. Gerald Spencer also believes that situation could be a nightmare in the event that he was not well prepared.
3.11. Gerald Spencer previously turned down these types of expert witness commissions until 2002 when a colleague (Mr. Rodney Lewis, P.E., who also provides expert testimony) had a conflict of interest and requested (insisted) that Gerald Spencer represent his client in the $32M litigation matter that is listed as the first project below.
4. EXPERT REPORT PHILOSOPHY: Gerald Spencer, P.E. has prepared more than 15 Expert Opinion reports to support litigation matters in various legal venues.
4.1. Gerald Spencer’s Expert Witness reports are prepared with the ultimate goal that any non-technically oriented person should be able to pick-up, read and then understand the technicalities involved with the positions described in his report. This will cause or allow the judges and jurors to understand the technical aspects of the facts that we are presenting in our Expert Witness reports.
4.2. In the engineering design practice when either Gerald Spencer and/or another one of his other engineers prepared a “Design Analysis” or a “Life Cycle Economic Cost Analysis” to justify our design decisions, Gerald Spencer always instructs that engineer to take their report home and have his spouse review and comment on that document with the spouse being compensated separately as contract labor at that engineer’s overtime hourly pay rate. Gerald Spencer’s policy has always been that each of the documents that we produce should be written in that manner, and that these documents should be re-written as many times as necessary until that goal of easy "understantability" is achieved.
4.3. Payment to Gerald Spencer is normally paid in advance so that my opinions are independent of and entirely not subject to the results of Gerald Spencer’s efforts and/or the outcome of the legal remedy that our client’s are pursuing.
4.4. If Gerald Spencer discovers that the party paying for my services has committed some act that makes that party responsible for some of the damages, then that documentation of that action will also be documented and discussed in my Expert Witness report. I inform my clients of this policy before I accept their commission for my services.
5. HUMIDITY CONTROL PROBLEMS: I normally field investigate, determine, and then document why a building is affected by the design of the HVAC system causes damage and/or discomfort resulting from the high relative humidity created by the HVAC system. High relative humidity is caused by one or more of several possible conditions such as negative pressure on the entire building as evidenced by the large air flow entering the front door whenever the front door is open; lack of dew point control; lack of absolute humidity control, incorrect apparatus configuration, and/or other design criteria that are a part of the HVAC engineering design decisions for any project.
5.1. The Professional Engineers that are the engineers of record for designing the HVAC systems have obligations to serve their clients by providing an HVAC system that controls the relative humidity in the occupied and air conditioned spaces as required to protect the lives, health and property of the public in addition to controlling the temperatures in those spaces.
5.1.1. I will normally document and explain how that the Engineer of Record who sealed and certified the contract documents including the drawings and specifications is responsible for the HVAC design, construction and performance of the HVAC systems that are a part of the project.
5.1.2. I will also document and explain how that he is therefore responsible for any design deficiencies and any construction deficiencies in the HVAC system that he obligated himself to be responsible for when he sealed and certified the construction documents that were used to construct the HVAC system part of each project.
5.2. I will normally investigate, determine and document any design deficiencies, any construction deficiencies and any performance deficiencies in the HVAC system that resulted in the building operating improperly.
5.3. I will normally record temperatures plus relative humidity (with my own temperature and relative humidity recording instruments) in order to determine and document that the positive humidity control that should have been a part of the HVAC design was not providing the resulting relative humidity control that was desired, assumed, normally expected, and/or implied to be a part of the HVAC system.
5.4. I will normally document and explain how apparatus configuration is imperative for absolute humidity control.
5.4.1. I will normally document and explain how Apparatus Dew Point control is imperative for Absolute Humidity Control,
5.4.2. I will normally document and explain how pretreatment of outside ventilation air (OSA) is a normal design feature component for HVAC systems in humid regions, especially for projects that require large amounts of OSA.
5.4.3. I will normally document and explain how that eliminating or at least reducing re-heat is desirable in order to reduce energy costs when this is applicable.
5.5. I will normally document and explain how that almost all HVAC systems have inherent latent cooling, and now that is sometimes insufficient for humidity control, especially for projects requiring larger amounts of OSA.
5.6. I will normally investigate, determine, document, suggest, analyze and explain any additional humidity control measures that were not installed, that were improperly installed, and explain how that might have been provided to eliminate resulting high relative humidity.
5.7. Recovery from periods of HVAC system upsets caused by conditions such as leaving exterior doors open for lengthy periods of time should also be HVAC design consideration criteria.
6. ENGINEERING MALPRACTICE CRITERIA: As a condition of accepting a profession engineering license from the State of Texas, Professional Engineers agree to practice according to the “TEXAS ENGINEERING PRACTICE ACT,” including the following: “§137.55 Engineers Shall Protect the Public (b) Engineers shall not perform any engineering function which, when measured by generally accepted engineering standards or procedures, is reasonably likely to result in the endangerment of lives, health, safety, property, or welfare of the public. Any act or conduct which constitutes incompetence or gross negligence, or a criminal violation of law, constitutes misconduct and shall be censurable by the board.” "Engineering Incompetence" is also defined in this same act.
6.1. I normally document and explain the services required of Professional Engineers in order to define their duties required by law to protect the general public by certifying to the Authorities Having Jurisdiction (AHJ) that the facility as finally constructed and occupied will be in compliance with all of the codified requirements of the state, county, municipal and other AHJ.
6.2. Code compliance is only a minimum building permit requirement by the AHJ for code administration and enforcement. Common sense and experience dictates additional requirements that are required to protect the firefighters, to protect your property, to assist firefighters in their rescue of facility occupants, and to protect other personnel at this site during an emergency.
6.3. This is in addition to the Professional Engineers obligations to serve their clients by providing MEP systems as required to protect the lives, health and property of the public.
6.4. I will normally document any evidence that that Engineer of Record who sealed and certified the MEP contract documents including the drawings and specifications is responsible for the design deficiencies and the construction deficiencies of the MEP systems that he obligated himself to be responsible for when he sealed and certified the MEP construction documents.
6.5. I will sometimes provide a written overall simplified explanation of the various methods of construction contract acquisition, such as RFP, IFB, C+FF, etc. that is applicable to this project.
6.5.1. This explanation is needed in order to educate the jurors, mediators, arbitrators, judges and others as required to establish the responsibility and the normal standard of care for each party contracting to perform under each of these different types of construction contracts, including the design engineers and architects.
6.5.2. The fact that each Engineer of Record is hired by a contractor or some other party does not relieve that engineer from providing services in the manner that is required by law (the Engineering Practice Act).
6.6. I will normally investigate, determine and document my opinion of the professional liability on the part of the Engineer of Record for any design deficiencies and any construction deficiencies of the MEP systems that causes the building to operate improperly.
6.7. I will normally review the contract documents prior to any field investigations and then document the requirements to document the requirements for field investigations of the MEP systems.
6.8. I will normally review the contracts to determine and document the scope of work (SOW) required of each related contractor and design professional.
6.9. I will normally review of the completion of each of the contract SOW requirements each related contractor and subcontractor.
7. RECORDING TEMPERATURE AND THE HUMIDITY ON LOCATION:
7.1. A temperature/humidity log is required for scientific evidence documenting that the HVAC system does or does not maintain temperature and/or humidity in the occupied spaces. This temperature/humidity log is required to document a load profile of the results of the existing HVAC system performance.
7.2. A temperature log is required in order to provide economic life cycle cost considerations of various proposed modifications as required for this existing HVAC system or a replacement HVAC system to provide the proper temperature, humidity, and building pressurization control in the occupied spaces.
7.3. Gerald Spencer has the Omega temperature and humidity logging equipment that is available to provide an accurate record of the temperature and humidity that occurs in each of as many as eight locations simultaneously. (Additional recorders can be easily obtained to record at more than 8 locations).
7.4 About 6 weeks notice is required to have the recorders sent to and certified by the NIH laboratories if extreme accuracy of the datum is required.
8. LIFE CYCLE COST ANALYSIS & ENERGY MANAGEMENT EXPERIENCE: Gerald Spencer, P.E. has prepared more than 100 formal energy consumption analyses of federally-funded construction projects since 1968 in accordance with Energy Life Cycle Cost Analysis principals that comply with the DoD, GSA, DOS, and NASA guidelines.
8.1. Gerald Spencer, P.E. is familiar with the DoD Criteria, NASA-JSC Construction Criteria, Corps of Engineers Technical Manuals, Department of State Design Guidelines, General Services Administration, U. S. Postal Service, plus other rules and regulations governing energy management.
8.2. Gerald Spencer, P.E. has also prepared more than 80 formal computer generated Energy Consumption Analysis Reports for documentation proving compliance with ASHRAE 90 since 1980.
8.3. Gerald Spencer, P.E. has prepared reports and analyses of proposed buildings to indicate compliance with ASHRAE 90 in accordance with the requirements of the Texas Energy Code.
8.4. Prior to that Gerald Spencer, P.E. prepared hand calculated energy consumption analyses for many facilities including the FBI academy 1966 at Quantico, Virginia; Federal Courthouse and Office Building, San Antonio, Texas 1967; FAA control tower and TRACON facilities at DFW airport, Texas 1971; plus several commercial and privately funded reports for non-federally funded projects.
8.5. These reports compared various HVAC systems on a Life Cycle Cost Analysis (LCCA) basis to determine the most cost effective system to be constructed for each facility.
8.6. These reports take into consideration all capital investment, operating costs, taxes, interest, maintenance and replacement costs on a life-cycle cost analysis basis.
8.7. We also consider small subsystems such as adding capacitors to motors for power factor improvement and demand charges reduction.
8.8. We have in-house capability and experience in preparing energy budgets and energy analysis by computer modeling. Gerald Spencer, P. E. is experienced in the design of all types of energy management systems that control the cycling of energy consuming equipment according to a preset program for the optimum use of energy.
8.9. Often a project will require the preparation of a formal report to economically justify the expenditure of funds for improvements or for new construction. This report is used to justify and defend the design decisions.
8.10. Gerald Spencer, PE always approaches energy engineering with an open mind, and evaluates every conceivable energy savings option.
9. THE FOLLOWING IS A LIST OF FORENSIC ENGINEERING PROJECTS WHERE GERALD SPENCER WAS COMMISSIONED TO PERFORM MECHANICAL HVAC FORENSIC SERVICES:
9.1. FOOD STORAGE REFRIGERATION DESIGN DEFICIENCY: The U. S. Army (CESWF) hired Gerald Spencer, P.E. to investigate the refrigerated and frozen food storage facility at Ft. Polk Building 4366 which was a 12,000 sf refrigerated food storage warehouse for a refrigeration system replacement and then prepare a forensic engineering report with preliminary concept documentation for construction modifications.
9.1.1. The U. S. Army in-house engineers improperly changed the original refrigeration system configuration to cause Ice Build-up within the existing walls. This Ice Build-up was destroying the building walls.
9.1.2. Gerald Spencer prepared a report describing the design deficiency and then designed a bid package for these remedial system modifications to correct the deficiency and cause the system to operate properly.
9.1.3. The U. S. Army funded this construction and the system has since operated without ice build-up problems.
9.2. CHILLED WATER PLANT DESIGN DEFICIENCY: The U. S. Army (CESWF) hired Gerald Spencer, P.E. to investigate and then prepare an HVAC Study of the HVAC systems for the Lackland AFB, TX, chiller plant, 1994.
9.2.1. The U. S. Army CESWF in-house engineers improperly designed a 1500 ton Central Chilled Water Plant that would not pump water to the buildings that it was supposed to serve.
9.2.2. The original system was supposed to be a primary-secondary pumping circulation system. Gerald Spencer prepared a report describing the specific design deficiencies blaming the specific Engineer of Record who was a government employee for the economic damages to the US government, and then was commissioned to design a bid package for remedial modifications to correct the deficiencies and cause the system to operate properly.
9.2.3. The U S Army funded this construction and the system then operated without any of the previous chilled water circulation problems.
9.3. HUMIDITY CONTROL DESIGN DEFICIENCY: The U. S. Army (CESWF) hired Gerald Spencer, P.E. to investigate and then prepare an HVAC Study of the HVAC systems for the Thrift Building no. 6329 at Lackland AFB, Texas. The resulting high relative humidity caused mold, mildew and rust on the relatively new walls, ceiling grids, the ceiling supply air diffusers, and the return air grilles. Gerald Spencer, P.E. prepared a formal report defining the problem and criticizing the engineers who designed the systems.
9.4. HUMIDITY CONTROL DESIGN DEFICIENCY: The U. S. Army (CESWF) hired Gerald Spencer, P.E. to investigate and then prepare an HVAC Study of the HVAC systems for the Band Building no. 6359 at Lackland AFB, Texas. The resulting high relative humidity caused mold, mildew and rust on the relatively new walls, ceiling grids, the ceiling supply air diffusers, and the return air grilles. Gerald Spencer, P.E. prepared a formal report defining the problem and criticizing the Consulting Engineers who designed the systems.
9.5. HUMIDITY CONTROL DESIGN DEFICIENCY: The U. S. Army (CESWF) hired Gerald Spencer, P.E. to investigate and then prepare an HVAC Study of the HVAC systems for the office building 1251 at Lackland AFB, Texas. The resulting high relative humidity caused mold, mildew and rust on the relatively new walls, ceiling grids, the ceiling supply air diffusers, and the return air grilles. Gerald Spencer, P.E. prepared a report defining the problem and criticizing the Consulting Engineers who designed the systems. Gerald Spencer, P. E. has described remedial modifications to correct these design deficiencies.
9.6. HUMIDITY CONTROL DESIGN DEFICIENCY: The U. S. Army (CESWF) hired Gerald Spencer, P.E. to investigate and then prepare an HVAC Study of the HVAC systems for the office building 1355 at Lackland AFB, Texas. The resulting high relative humidity caused mold, mildew and rust on the recently constructed new walls, ceiling grids, the ceiling supply air diffusers, and the return air grilles. Gerald Spencer, P.E. prepared a report defining the problem and criticizing the Consulting Engineers who designed the systems. Gerald Spencer, P. E. has described remedial modifications to correct these design deficiencies.
9.7. HUMIDITY CONTROL DESIGN DEFICIENCY: The U. S. Army (CESWF) hired Gerald Spencer, P.E. to investigate and then prepare an HVAC Study of the HVAC systems for the office building 1254 at Lackland AFB, Texas. The resulting high relative humidity caused mold, mildew and rust on the relatively new walls, ceiling grids, the ceiling supply air diffusers, and the return air grilles. Gerald Spencer, P.E. prepared a report defining the problem and criticizing the Architect-Engineer firm who designed the systems. Gerald Spencer, P. E. has described remedial modifications to correct these design deficiencies.
9.8. HUMIDITY CONTROL DESIGN DEFICIENCY: The U. S. Army (CESWF) hired Gerald Spencer, P.E. to investigate and then prepare an HVAC Study of the HVAC systems for the office building 1352 at Lackland AFB, Texas. The resulting high relative humidity caused mold, mildew and rust on the relatively new walls, ceiling grids, the ceiling supply air diffusers, and the return air grilles. Gerald Spencer, P.E. prepared a report defining the problem and criticizing the Architect-Engineer firm who designed the HVAC systems. Gerald Spencer, P. E. has described remedial modifications to correct these design deficiencies.
9.9. EXXON PRODUCTION RESEARCH LABORATORY BUILDING: Gerald Spencer, P. E. performed an analysis of the HVAC system and recommended several energy conservation measures such as Variable Air Volume (VAV) Chemical Hood Exhaust, Chilled Water Reheat for the VAV OSA Make-up, and several other unique HVAC modifications for that project.
9.10. USPS SMALL HVAC ANALYSIS SYSTEMS: Gerald Spencer, P.E. has performed many (more than 20) analysis of small existing HVAC systems for the US Postal Service. Contact Mr. Marshall Cantor (713) 226-3471 with the USPS. Gerald Spencer, P.E. has all of the tools & instruments to analyze HVAC systems, and regularly uses these instruments to determine non operation problems, and operational problems with HVAC systems.
9.10.1. COLLEGE STATION PO - REPLACE CHILLER - 1994
9.10.2. VIDOR PO - REPLACE HVAC EQUIPMENT – 1994
9.10.3. MEMORIAL PARK STA - REPLACE CHILLER - 1994
9.10.4. BAYTOWN MPO - REPLACE COMPRESSOR 1993 LAKE JACKSON, TX
9.10.5. MPO - REPLACE HVAC EQUIPMENT – 1993
9.10.6. ROY ROYALE STA - REPLACE HVAC EQUIPMENT – 1993
9.10.7. GREENS NORTH STATION, TX - EMERGENCY GAS LINE REPAIR – 1993
9.10.8. LONG POINT STA - REPLACE HVAC EQUIPMENT – 1993
9.10.9. ORANGE, TX MPO - REPLACE CHILLERS – 1993
9.10.10. PASADENA COOLING TOWER REPAIRS - HVAC R&A REPAIRS – 1993
9.10.11. FOSTER PLACE STATION - HVAC EQUIPMENT REPLACEMENT – 1993
9.10.12. DENVER HARBOR STA - HVAC EQUIPMENT REPLACEMENT – 1993
9.10.13. S POST OAK STATION - HVAC EQUIPMENT REPLACEMENT – 1993
9.10.14. MISSOURI CITY STATION - HVAC EQUIPMENT REPLACEMENT - 1993
9.10.15. BEECHNUT STATION - HVAC EQUIPMENT REPLACEMENT – 1993
9.10.16. WESTFIELD STATION - HVAC EQUIPMENT REPLACEMENT – 1993
9.10.17. HOUSTON, TX MPO - CANTOR - CHILLED WATER SYSTEM MOD – 1992.
10. ELECTRICAL FORENSIC ENGINEERING SERVICE EXPERIENCE: Gerald Spencer, P.E. has performed many formal Forensic Engineering Reports and reviews of existing electrical systems to determine the cause of the malfunctions and usually to also recommend remedial corrective actions for these systems. The following is a list of these Forensic Engineering projects where Gerald Spencer was commissioned to perform electrical forensic services:
10.1. ELECTRICAL GROUNDING DESIGN AND OPERATIONAL DEFICIENCY: NASA Johnson Space Center hired Gerald Spencer, P.E. to investigate and then prepare a study of the electrical “MECCA” grounding systems at Building 16. Gerald R. Spencer, P.E. field analyzed ground loops were causing circulating currents on the single-point ground (Mecca grounding system) for the shuttle mock-up. This caused the zero reference for instrument calibration to float, or change when an item of equipment was turned off or on. We revised the electrical distribution system and the grounding system. Gerald R. Spencer, P.E. designed remedial corrections to minimize problems and set standards for technicians to minimize future problems.
10.2. ELECTRICAL FAULT AND CURRENT PROTECTION DEVICE STUDY FOR NASA-JSC MISSION CONTROL CENTER BUILDING: Gerald Spencer, P.E. provided a formal report that defined the device interrupting capacity, bus reinforcement bracing requirements, and breaker trip coordination criteria for the existing switchgear and controls serving the four existing 1350 KVA generators that are in parallel with two 3000 KVA transformers for the Mission Control Center at NASA-JSC. Gerald Spencer, P.E. has also provided new switchgear and controls for the four generators and the parallel transformers for the Mission Control Center at NASA-JSC power supply.
10.3. NASA-JSC - STUDY OF SITE ELECTRICAL SERVICE RELIABILITY TO ELECTRONIC DATA PROCESSING EQUIPMENT. RELIABILITY AND REDUNDANCY REQUIREMENTS: The reliability requirements for each building or load served needs to be determined and defined. Gerald Spencer, P.E. performed a study "DEFINING THE RELIABILITY OF THE EXISTING ELECTRICAL SERVICE TO FLIGHT CRITICAL DATA PROCESSING SYSTEMS AT NASA-JSC" according to U. S. Army Technical Manual "RELIABILITY REPORT REQUIREMENTS FOR COMMUNICATIONS NETWORKS." This involved a review of operational and maintenance logbooks to develop a database of power failures MTBF and disturbances MTBD (Mean Time Between Failures or Disturbances) to data processing equipment caused by the power supply. Some disturbances were unexplained and we were not able to determine the origin/cause of the disturbance. The data base was analyzed to mathematically determine the mean time between failures or disturbances for the power serving each critical system.
10.4. LIGHTNING/SURGE STUDIES: Gerald R. Spencer, P.E. is the AE of record for more than 10 new telephone company electrical services that have lightning/surge protection. Gerald R. Spencer, P.E. has performed trouble-shooting and has installed Dranitz and RPM equipment to record surges and other unknown disturbances. Gerald R. Spencer, P.E. has isolated and defined surge problems, and then provided or designed solutions to fix these problems. We normally install the current transformers and voltage connections ourselves at foreign locations and at secure locations. We have not had an accident in over 50 such locations.
10.5. GROUND POTENTIAL RISE STUDIES: Gerald R. Spencer, P.E. has performed ground potential rise teats in accordance with the methods and remedies in Electrical Transmission & Distribution Reference Book by Westinghouse.
10.6. NEUTRAL GROUNDING STUDIES: Gerald R. Spencer, P.E. has prepared formal written studies that economically documented proposals to modify the power systems at NASA-JSC Building 48. Gerald R. Spencer, P.E. is the EOR for modifying the source neutral-ground in order to reduce available fault current requirements of various items of interrupting equipment switchgear.
10.7. HARMONIC CIRCULATING CURRENT ANALYSIS: Gerald R. Spencer, P.E. uses Reliable Power Meter instruments and Reliable Power Meter Professional Power Recorder System (RPM) software to analyze output data and to determine the power condition at various points within building power systems. Our formal reports to Owner/User are written so that a layman can understand the data. We normally install the current transformers and voltage connections ourselves at foreign State Department locations and at other secure locations.
10.8. HAZARDOUS AREA ELECTRICAL DESIGN: Gerald Spencer, PE is the EOR for the design and construction of more than 40 separate electrical projects located in explosive and flammable environments in the Houston Petrochemical Plants and at various U S Army Ammunition Plants.
10.9. UNINTERRUPTIBLE POWER SUPPLY SYSTEMS: Gerald Spencer, PE is the EOR for the design and construction of more than 25 uninterruptible power supply (UPS) systems for Southwestern Bell Telephone Co., NASA Johnson Space Center, Exxon, the FAA, the Department of State, and the U.S. Army.
10.10. POWER CONDITIONING: Gerald Spencer, PE is the EOR for the design and construction of more than 15 power conditioning systems to correct power quality where improved power quality was needed.
10.11. POWER FACTOR CORRECTION: Gerald R. Spencer, P.E. has performed many power factor correction economic life cycle cost analysis to economically justify the cost of the installation of capacitors. These studies have included systems for entire buildings and sub-systems for individual motors. We have formally analyzed the operation of synchronous motors at the Houston Main Post Office because these motors require special care and analysis to minimize economic electrical demand charges by the power company.
11. PLUMBING FORENSIC ENGINEERING SERVICE EXPERIENCE:
11.1. FAILURE OF THE POTABLE WATER SERVICE PIPELINE serving the Parkway Holdings Office Building at 200 Concourse; 1062 Highland Colony Parkway; Ridgeland Mississippi 39157. Vance Daly' Esq. or D. James Blackwood, Jr., Esq.; Attorney; Copeland, Cook, Taylor & Bush, P.A.; 600 Concourse, Suite 100; 1076 Highland Colony Parkway; Ridgeland, MS 39157. Gerald Spencer, P.E. performed field measurements and designed corrective remedial modifications.
11.2. M D ANDERSON CANCER CENTER - SMITH RESEARCH BUILDING - HOUSTON, TEXAS: Gerald Spencer, P.E. prepared a formal report that studied and documented the existing HVAC, Electrical Service, Air, Vacuum, De-ionized Water, Instrument Air, Steam Supply, Chilled Water Supply, and other services to the laboratory. We documented the present, future, and ultimate requirements for these utilities as required to serve the existing and proposed laboratories, and the future ultimate building utility requirements for these services. Our study documented specific modifications to the building that allowed the building to be fully developed into laboratory space plus the addition of 60,000 SF of new research laboratory space.
11.3. NATIONAL IMAGERY AND MAPPING AUTHORITY (NOW NMA): Gerald Spencer, P.E. prepared a formal report that investigated, studied and documented the existing problems with the existing site sanitary sewer collection systems and designed solutions that solved that problems.
12. FIELD DATA ACQUISITION AND INSTRUMENTATION CAPABILITIES:
12.1. Gerald Spencer, P.E. has multiple temperature and humidity recording devices that can be downloaded to the Omega OM-CP software.
12.2. Gerald Spencer, P.E. has Fluke 62MAX IR temperature device, CMS AM50 "VELOCITOR" airflow velocity measuring device, multiple thermometers, pressure gauges, and similar equipment.
12.3. Gerald Spencer, P.E. has multiple amprobes, ampmeters, RMS and regular voltmeters, MegOhm measurement devices, light meters, plus various custom wiring devices to access, measure and detect various electrical power problems in the field.
12.4. Gerald Spencer, P.E. normally rents the RPM power analysis and logging equipment and analyzed the datum as required to determine and document disturbances to the electrical power. These investigations are usually to document electrical power transients that that cause interferences with the clients equipment (data processing) operations.
12.5. Gerald Spencer has carried his own tools and installed RPM (and Dranitz) equipment at secure foreign government electrical facilities located in foreign nations when government electronic communication security is a concern.
13. CONSTRUCTION CONTRACT INTERPRETATIONS: Gerald Spencer has 50 years experience preparing Construction Contract forms, General Contract Conditions, Special Contract Conditions, Construction Contract Drawings, Critical Path Method Construction Schedules, and other construction contract documents for Federal Funded construction projects and for Privately Funded construction projects. Gerald Spencer has more than 50 years performing construction contract administration as a representative of the owner in relation to the construction contractor for more than 1800 Construction Projects where he interpreted and enforced the construction contract documents. He can become available to perform as a legal expert witness for construction issues related to the following construction contract topics:
13.1. Construction Contract Document Interpretations to determine Contract Requirements and Scope of Work that the contractor agreed to perform as a part of the construction contract.
13.1.1. Construction Drawing Requirement Interpretations HVAC Systems Electrical Systems Plumbing Systems.
13.1.2. Construction Specification Requirement Interpretations Form of Contract General Contract Conditions Special Contract Conditions Technical Specifications Performance Specifications Design-Build Contract Requirements Turn-Key Contract Requirements.
13.1.3. Federal Government Contracts - Gerald Spencer has 40 years experience soliciting, executing, and administrating Federal Government AE Contracts and Construction Contracts in the following categories: Architect-Engineer Contract Requirements Lump Sum Contract Requirements Design-Build Contract Requirements.
13.1.4. Federal Construction Contract Clause Requirement Interpretations - Gerald Spencer has a working knowledge of DoD Criteria, Corps of Engineers Technical Manuals, Department of State Design Guidelines, and the rules and regulations governing military construction because he is the Engineer of Record (Engineer of Record) for the construction of more than 300 Federal Government Construction projects since 1966. Gerald Spencer is familiar with the following Federal Government Regulations that govern the acquisition and construction of publicly funded facility Construction: Federal Acquisition Regulations (FAR's). Defense Federal Acquisition Regulations (DFAR's) Federal Specifications (FS) CEGS - Corps of Engineers Guide Specifications Military Specifications Specsintact (Navy & NASA) CSI Specifications Dept of State Specifications GSA Specifications, and ETLs (COE Engineering Technical Letters).
14. FOREIGN NATION CONSTRUCTION PROJECT EXPERIENCE: Gerald Spencer is the prime professional and/or Engineer of Record for Foreign Construction Projects in the following foreign countries:
1 project in Bahrain -
1 project in Barbados -
2 projects in Denmark -
7 project in India -
5 projects in Nassau, Bahamas -
1 project in Jeddah, Saudia Arabia -
2 projecst at KAMA, Saudia Arabia -
1 project in Chile.
15. BUILDING CODE ISSUES: Gerald Spencer has 44 years continuous experience as a part time City of Houston building administration official serving on the City of Houston Plumbing Review Board. Gerald Spencer is now chairman of the City of Houston Plumbing Review Board. Gerald Spencer is available to perform as a legal expert witness for construction issues related to Building Code Compliance for Mechanical and Electrical Issues.
16. VARIOUS CLIMATE AND ALTITUDE DESIGNS: Gerald Spencer is the Engineer of Record for successful projects in every imaginable climatic region as follows:
16.1. HIGH ALTITUDE MOUNTAINS: Gerald Spencer was the Engineer of Record for several high altitude HVAC systems including the Plutonium Production Laboratory at Rocky Flats, CO @ 8150' el.; Buildings 147 & 149 at White Sands Missile Range @ 4000' elevation; and two projects at the NASA White Sands (Rocket Engine) Test Facility @ 4000' elevation.
16.2. ARID DESERTS: Gerald Spencer is the AE of Record for five Department of State projects in India; for several Corps of Engineers (CESWF and CESWA) projects at the White Sands Missile Range, New Mexico; three Corps of Engineers (MED) projects at KAMA in Saudia Arabia, and one project at Jeddah, Saudia Arabia. White Sands New Mexico, Saudia Arabia, and the NASA White Sands Test Facility are equally harsh environments where Gerald Spencer is the Engineer of Record for multiple projects.
16.3. PERMAFROST: Gerald Spencer is the Engineer of Record for the EXXON Unmanned Microwave Relay Station in Ignek, Alaska. The foundation was supported on the permafrost. We poured water instead of pouring concrete for the building foundations supported by the permafrost.
16.4. HURRICANE PRONE AREAS: All of our projects along the Gulf Coast and up to 50 miles inland are designed to comply with the Uniform Building Code or the South Florida/Dade County Building Code requirements for hurricane force winds. Our hurricane structural design calculations have been reviewed and approved by the Corps of Engineers, USAF, US Navy and NASA structural engineers. We are currently current with the UBC code requirements for hurricane structural design.
16.5. TORNADO PRONE AREAS: We are the AE for projects in the mid-West where severe weather threats occur on a regular basis. Gerald Spencer is familiar with the alarm warning systems that are required. The St. Louis NIMA project has an alarm horn system to advise the building occupants of the frequent severe weather threats.
16.6. BLOWING SAND AREAS: Gerald Spencer is the AE of Record for five Department of State projects in India; Saudia Arabia: and for U S Army projects at the White Sands Missile Range, New Mexico for several CESWF and CESWA; and the NASA White Sands Test Facility.
16.7. FREEZING ENVIRONMENT DESIGN: Gerald Spencer is the Engineer of Record for projects in Alaska, New Mexico, Colorado, North Texas, and other freezing climates. Even Houston has a hard freeze every ten years of so, and this requires the same design considerations that we employ in North Texas.
16.7.1. Freezing temperatures do not need much time to cause extensive damage. Some areas such as Amarillo, Texas which has 120 °F summers and -30°F winters. This 150°F temperature range creates some unexpected differential expansion problems, especially with masonry veneer buildings.
16.7.2. The Corps of Engineers masonry construction details and specifications are probably more stringent than any other masonry construction-design standards, but additional consideration over and above the Corps of Engineers' requirements is needed for this huge temperature range, where masonry tends to “walk off” of the masonry shelves in slab on grade construction.
16.7.3. Moisture entrainment in exposed concrete tends to freeze, cause concrete to splay off, and expose the reinforcing steel to the environment. We have designed custom construction details to minimize these occurrences.
16.8. SEISMIC DESIGN: Gerald Spencer is the Engineer of Record for Mechanical and Electrical portions of the seismic design retrofit projects in the central continental U.S. and India where we were the AE of record for the entire project. We usually design to exceed most building code requirements. We are familiar with the building code source documents, The National Earthquake Hazard Reduction Program (NEHRP) Recommended Provisions for Seismic Regulations for New Buildings and Other Structures, as well as building codes from The Building Officials and Code Administrators (BOCA) and The Uniform Building Code (UBC). Our seismic design experience includes the following:
16.8.1. Mechanical HVAC design for seismic event damage resistance.
16.8.2. Lighting Fixture support design for seismic event damage resistance.
16.8.3. Electrical equipment anchorage for seismic event damage resistance.
16.8.4. Elevator supplemental design modifications to increase seismic event equipment damage resistance.
16.8.5. Furniture, fixtures, and equipment (FFE) seismic movement resistance design.
16.8.6. Non-structural systems modification design to resist seismic event damage.
16.8.7. Non-structural masonry reinforcement design to resist seismic event damage resistance.
16.8.8. Design of bracing to support non-structural building portions such as masonry parapets in order to resist seismic event.
16.8.9. Structural protection design to reduce damage to essential equipment that will be needed for Immediate Occupancy (IO) after a seismic event.
16.8.10. Mechanical piping support design to resist movement during seismic events.
16.8.11. Non-structural heavy door movement shock absorber design and movement limitation design to minimize seismic event caused movement that might injure or kill office personnel.
17. BLAST RESISTANT DESIGN EXPERIENCE: Blast proof design experience includes:
17.1. Building 1172 remodeling - Red River Army Ammunition Depot
17.2. Building 1174 addition - Red River Army Ammunition Depot
17.3. Celanese Chemical Plant Control Room, Victoria, Texas
17.4. Small remodeling projects at Longhorn Army Ammunition Plant
17.5. Replaced electrical service and power in 108 munitions storage buildings at Lackland AFB, Medina Annex, Texas
17.6. FBI Academy, Quantico, VA Nuclear Fallout Shelter (while in the employ of Wyatt C. Hedrick 1965)
18. FALL SAFETY PREVENTION AND ARRESTING SYSTEM DESIGN EXPERIENCE: Gerald Spencer, P.E. is the Engineer of Record for the Design and Installation of fall safety, fall prevention and fall arresting systems at many buildings at NASA-JSC. Gerald Spencer has attended the Approved MSA Fall Protection Installer Training Course for certification, and is certified as in fall protection as a designer of fall protection systems and as a Latchways® installation and maintenance mechanic for fall protection installations. Gerald Spencer, P.E. is familiar with the requirements of Occupational Safety and Health Administration (OSHA) Standards 1910 and 1926, and specifically Regulations (Standards - 29 CFR) 1926.502 (b)-(e) Fall Protection Systems Criteria and Practices. - 1926 Subpart R App G and Appendix G to Subpart R -- § 1926.502 (b)-(e) Fall Protection Systems Criteria and Practices. Gerald Spencer, P.E. is the Engineer of Record for the following projects that required Life Safety fall prevention systems be installed for the roofs of the following buildings: 1
18.1. FALL SAFETY FOR BUILT-UP ROOFS: The design of the roof attachments to not produce water leaks during rainfall is of extreme importance since the objects below in the test cells are very valuable. The structural metal roof decks below the 6 inch average concrete fill will have a 2X16 pressure treated pine wood blocking added to the top of the concrete fill in order to evenly spread the load. The bottom ends of new through bolts for attaching the new roof anchors to the existing roofs metal panels for the Roof Fall Prevention system in buildings 32, 49 and 37 are exposed and available for easy access to apply nuts to the attachment bolts. The 12" long 3/16" bolts that are indicated on the drawings are available with special order. The 4" lead plumbing pipe flashings with 20" x 26" lead bases are not standard, but can be furnished by special order from the Oatey Co. The AE considered spare lead flashings but elected not to specify because the torn flashings can be repaired by wiping the lead. (Or at least while some older plumbers who know how to wipe lead are still alive). Built-up Roofing Roofs 1/8" per foot slope. Building 32 Building 37 Building 49
18.2. FALL SAFETY FOR SLOPED METAL PANEL ROOFS: The design of the roof attachments to pre-engineered metal building roofs should not produce water leaks during rainfall. If there is a fall prevention system operation, the attachment to the metal roof will probably deform and will need to be repaired to prevent rainwater from entering the building. The metal roof decks below the roof anchors for the Roof Fall Prevention system in buildings 920 and 260 are not available for easy access. The Contractor would have to remove the insulation below the roof, then replace this insulation. This operation would require extensive and expensive scaffolding. The existing metal roof panels are the metal building industry standard "R" panels used in most pre-engineered metal building roof construction. Metal roofs 1:12 pitch or less. Building 260 High Bay Building 920 High Bay
18.3. FALL SAFETY FOR CONCRETE WEARING SLAB ON TOP OF BUILT-UP ROOFING MEMBRANE. Bldg 18 - 48' X 28'
18.4. FALL SAFETY FOR TRAVELING OVERHEAD CRANE FALL PROTECTION: The Project Scope requires that fall prevention systems be installed for the cranes within the following buildings: Building 14 - One crane Building 49 - Three cranes Building 37 - One crane
19. PREDOMINANT ENERGY USE STUDIES FOR RETAIL SALES TAX EXEMPTION EXPERIENCE: Gerald Spencer, P.E. has prepared, certified and filed more than thirty Retail Sales Tax Exemption Certificates for local Industrial and Manufacturing facilities.
19.1. Gerald Spencer, P.E. has prepared energy consumption analysis of energy used for exploring, producing, or transporting material extracted from the earth, as well as existing energy used for manufacturing real goods; and/or energy used for processing tangible personal property for sale as tangible personal property for use in obtaining Texas State Sales Tax Exemptions and Rebates.
19.2. We are familiar with the Rules and regulations of the Texas State Comptroller’s office. Gerald Spencer has developed a spreadsheet form that is accepted by the Texas State Comptroller’s office for application for tax exemption and for tax refund.
19.2..We can assist your CPA with application for tax rebate matters concerning energy consumption taxation.
19.4. We have completed a Predominant Energy Use Study for a 40.8MVA - 138KV substation for a local client that resulted in a very large dollar state sales tax refund.
With more than 50 years serving as the Engineer of Record responsible for the design and construction of the MEP portions of more than 1300 building construction projects and more than 30 years of providing forensic engineering reports Gerald Spencer, P.E. has also been providing attorneys with licensed professional engineering expert opinion and testimony in legal forums concerning HVAC, electrical, plumbing, cryogenics, ventilation, contract compliance, construction cost estimating, construction contract acquisition, construction contract administration, and other construction matters to support litigation since 2001.
1.713.621.2482 or 1.800.383.9685
4635 Southwest Freeway, Suite 900
Houston, Texas 77027
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