Construction Defect Expert Witnesses in Florida

The short answer

What Oxley’s construction defect experts do

Oxley provides construction defect expert witness services to counsel and parties in construction disputes. Daniel R. Zorrilla, J.D., BSBC, CGC, CFCC, and Brian C. Moye, CBC, both testify. A defect assignment may examine condition, workmanship, repair alternatives or cost. 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.

The analysis addresses the record, including evidence that cuts against the retaining party.

Dan has testified in six matters involving construction defect damages on high-rise, mid-rise, or condominium buildings. See also the city pages for Miami, Miami Beach and Sunny Isles, Fort Lauderdale, West Palm Beach and Orlando.

Testifying expertsDaniel R. Zorrilla, J.D., BSBC, CGC, CFCC, President, and Brian C. Moye, CBC, Managing Director
Typical questionsCondition, cause, repair alternatives and cost of remedy
TestimonyDan has testified as a construction defect expert in court and in arbitration, and has testified in more than 40 cases overall. Brian has testified in more than 75 cases in state and federal court on property damage estimating and construction.
WhereTampa Bay (Clearwater office). Primarily Florida, with more than 10 out-of-state cases and consulting matters.
Retained byOwners, condominium associations, developers, public entities, contractors, subcontractors, insurers and their counsel

Who does the work

Daniel R. Zorrilla, J.D., BSBC, CGC, CFCC

Dan Zorrilla is Oxley’s President and a testifying expert on construction schedule delay, disruption, lost productivity, cumulative impact, construction defects, contract administration, construction costs and related damages.

He has been in construction since 1991 and in consulting and expert work since 2008. He has testified in more than 40 cases, in litigation, including federal court, and in arbitration. He has been retained as a consultant or expert in more than 100 construction matters.

After earning his J.D. in 2011, he practiced law for about a year on litigated matters. He is a member of The Florida Bar and does not practice law. He has testified as a construction defect expert in court and in arbitration.

CV and testimony history available to counsel on request. Full profile →

Brian C. Moye, CBC

Brian C. Moye is a Managing Director with Oxley. He provides opinions related to construction defects, first-party property and insurance claims, property damage estimating, building code compliance, repair scope and methodology, appraisal and umpire dispute resolution, construction costs, and related damages for a wide variety of residential and commercial construction projects. He has been in construction since 2004 and has been a Florida Certified Building Contractor since 2006, and he has testified in more than 75 cases in state and federal court on property damage estimating and construction.

Brian spent 14 years as an insurance adjuster, beginning as a multi-line claims representative and becoming a master claim representative handling homeowner and commercial claims. He moved into construction in 2004, becoming a Florida Certified Building Contractor in 2006 and founding a contracting firm whose work ranged from ground-up residential construction to high-rise renovations. He managed insurance-loss restoration work, was project manager for high-rise and commercial restoration following hurricanes, and was a licensing qualifier for roofing, disaster-recovery, and construction companies. His experience in adjusting and construction informs his evaluation of existing damage, repair-scope assumptions and construction costs.

License and education

Florida Certified Building Contractor CBC1255076
B.S. in Business Administration (BSBA), University of Florida, 1990

CVs available on request. Full profile →

Methods

How a construction defect analysis is done

The questions presented may concern condition, workmanship, repair scope or cost. 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.

Repair-cost questions may involve the condition, possible alternatives, original requirements and potential changes in scope. Repair alternatives may differ in scope, feasibility, quantities and assumptions.

Establish the condition

Inspect and describe what is actually present, distinguishing the existing condition from the conclusion about it.

Compare as-built to specified

Examine what was constructed against what the documents required, including materials and installation detail.

Analyze workmanship and installation

Analyze workmanship, materials and installation against the contract documents, with design questions coordinated with the retained architect or engineer.

Scope and price the remedy

Which repair alternatives and cost information relate to the questions presented, and what assumptions or limitations affect the analysis?

Betterment

Cost of remedy is addressed with betterment identified separately when that question is in the assignment.

Limits of the record

Photographs, inspections, construction documents and other evidence have different uses and limits. Some opinions cannot be supported from photographs alone.

How an assignment runs

From the record to the opinion

01

Establish the documentary and physical position

Assess what inspections, photographs, construction documents and other records can actually support before forming any view on cause.

02

Isolate the alleged defects

Identify the conditions in issue, where they appear, and what the documents required at those locations.

03

Trace cause and remedy

Examine contributing causes on the evidence and identify repair alternatives and cost information that relate to the assigned questions.

04

State the opinion and its limits

Set out the conclusion, the basis for it, and the points at which the evidence stops supporting a firm view.

Project types

Projects behind the defect work

The team’s project and testimony experience covers high-rise condominiums and apartments, hotels and resorts, mixed-use and student housing, schools and medical facilities, roads, bridges and highways, airports, residential development infrastructure, federal and defense facilities, warehouses and distribution centers, and industrial and power facilities.

High-rise condominiums and coastal buildings often present building-envelope and waterproofing questions. 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.

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 at deposition, trial, arbitration or mediation

When this comes up

Defects are alleged and causation is contested
Cost of remedy appears to include improvement on the original specification
The allocation of contributing causes or costs is disputed
A condominium association, owner or contractor needs a technical opinion after a milestone inspection or reserve study has raised questions about the building

Where we work

Tampa Bay and Florida, with out-of-state matters

Oxley is based in Clearwater, in Tampa Bay, and works primarily in Florida, with more than 10 out-of-state cases and consulting matters.

Tampa Bay

Office in Clearwater. Serving matters in the Sixth Judicial Circuit (Pinellas and Pasco), the Thirteenth Judicial Circuit (Hillsborough), the Twelfth Judicial Circuit (including Sarasota and Manatee) and the Middle District of Florida, Tampa Division. Clearwater · Tampa · St. Petersburg · Pinellas County · Hillsborough County · Sarasota

Florida

Serving matters statewide in Florida circuit courts, the Middle and Southern Districts of Florida, arbitration and mediation. Orlando · South Florida · Jacksonville · Gainesville · Naples & Fort Myers · All Florida areas

Out-of-state matters

Matters involving projects outside Florida, in court and in arbitration, including AAA arbitration. The analysis follows the governing contract and the forum’s rules on expert testimony.

Independence

What a reliable defect opinion avoids

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.

Diagnosing from photographs alone

Not considering whether available inspections or other evidence are needed to support the causation opinion.

Single-cause thinking

Attributing a condition to one cause when design, workmanship and environment have contributed together.

Assumptions about repair or replacement

Leaving quantities, access, original requirements and scope assumptions unexplained when they affect the remedy.

FAQ

Construction defect expert witnesses: common questions

What does a construction defect assignment examine?

A defect assignment may examine condition, workmanship, repair alternatives or cost. 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.

Who are Oxley’s construction defect expert witnesses?

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. Brian C. Moye, CBC, is a Managing Director whose work includes construction defects, repair scope and methodology, and construction costs. He has testified in more than 75 cases in state and federal court on property damage estimating and construction.

How are causation questions approached?

Analysis of workmanship, materials and installation is measured against the contract documents. Design questions are coordinated with the retained architect or engineer. The conclusion is based on the available evidence, including information that cuts against a proposed cause.

Who provides structural or design opinions?

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.

Does Oxley perform milestone inspections or structural integrity reserve studies?

No. After the 2021 Surfside condominium collapse, Florida law added milestone inspection and structural integrity reserve study requirements for many existing condominium and cooperative buildings. Those reviews can raise disputed questions about condition, cause and repair. Oxley’s work is technical consulting and expert opinion on those questions, not a statutory milestone inspection or a structural integrity reserve study.

Does Oxley work for associations, owners or contractors?

Oxley is retained by owners, condominium associations, developers, public entities, contractors, subcontractors, insurers and their counsel. Oxley acts for only one party on a project. Fees do not depend on the findings.

Where does Oxley provide construction defect expert witness services?

Oxley is based in Clearwater, in Tampa Bay, and handles matters across Florida, including South Florida high-rise and condominium work, and matters involving projects outside Florida.

What should we send for a first conversation?

Party names and a brief nonconfidential description for conflict review only. Please wait until Oxley confirms intake before sending confidential or substantive materials.

For counsel

Talk to a consultant

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Construction Defect Expert Witnesses