Miami Construction Defect Expert Witnesses

Oxley serves Miami and Miami-Dade County construction defect matters from its office at 13830 58th St N, Suite 403, Clearwater, FL 33760. The firm does not maintain a Miami office. We travel for depositions, mediations, site visits and document reviews in downtown Miami, Miami Beach, Sunny Isles Beach and the rest of the county.

Dan has testified in six matters involving construction defect damages on high-rise, mid-rise, or condominium buildings.

HVHZ product approval, recertification and downtown envelopes

Miami-Dade County is in Florida’s High Velocity Hurricane Zone. Exterior products used on many buildings in the county must have Miami-Dade Notice of Acceptance product approval, or another approval the code allows, along with compliance with the Florida Building Code. Those approval and installation questions often arise on curtain wall and window wall systems in Brickell and downtown Miami, including how the systems were installed, sealed and maintained, and what it costs to repair them. Miami-Dade County also requires recertification of existing buildings. This page does not state a recertification interval, because those requirements are set by local ordinance and can change. Service coverage includes Sunny Isles Beach, Miami Beach, North Bay Village, Bal Harbour, Bay Harbor Islands, Golden Beach, Key Biscayne and Aventura, along with Coconut Grove, Coral Gables, Doral, and Miami’s Brickell and downtown areas. Oxley provides construction expert opinions on condition, workmanship, repair scope and cost of remedy. Structural engineering opinions come from a licensed engineer, and Oxley works alongside the engineer retained in the matter. Disputes often follow turnover from the developer to the association, or a milestone inspection report.

After the 2021 Surfside condominium collapse, Florida law added milestone inspection and structural integrity reserve study (SIRS) requirements for many existing condominium and cooperative buildings. Those reviews can raise questions about condition, workmanship, repair scope and cost of remedy. Oxley’s work is not a statutory milestone inspection or a structural integrity reserve study.

Who does the work

Daniel R. Zorrilla, J.D., BSBC, CGC, CFCC, is Oxley’s President and has testified as a construction defect expert in court and in arbitration. He has been in construction since 1991, including project management on mid-rise and high-rise residential projects in South Florida, and in consulting and expert work since 2008. Dan has testified in six matters involving construction defect damages on high-rise, mid-rise, or condominium buildings. Full profile →

Brian C. Moye, CBC, is a Managing Director whose work includes construction defects, repair scope and methodology, and construction costs. He has been in construction since 2004 and has been a Florida Certified Building Contractor since 2006. He has testified in more than 75 cases in state and federal court on property damage estimating and construction. His background includes high-rise renovations and project management for high-rise and commercial restoration following hurricanes. Full profile →

The assignment determines which team members contribute. CVs and testimony histories are available to counsel on request.

How a defect assignment is approached

The work starts with the condition as it actually exists, then compares as-built work to what the documents required, then considers repair alternatives and cost information that relate to the assigned questions. Oxley provides construction expert opinions on condition, workmanship, repair scope and cost of remedy. Structural engineering opinions come from a licensed engineer, and Oxley works alongside the engineer retained in the matter. When a claim calls for water testing, Oxley retains outside engineers or testing firms and works their results into the analysis.

Oxley acts for only one party on a project. Fees do not depend on the findings. Any earlier role on the project is disclosed at intake.

Possible assignment outputs

• Assessment of alleged defects against the contract documents and applicable requirements
• Analysis of workmanship, materials and installation against the contract documents, with design questions coordinated with the retained architect or engineer.
• Cost of remedy, with betterment identified separately
• Technical findings and, when part of the engagement, expert testimony

Frequently asked questions