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Capabilities
Cases

W. JOHN KULWIEC , AIA, NCARB, CSI

FORENSIC ARCHITECTURE

Hanover v. Don Dowd Co.
Sonoma Superior Court Case # 207769

 

Client:

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Hanover Insurance Co.
Babin Seeger & Hardcastle
Adam Scott Able, Esq.
111 Santa Rosa Ave. Suite 400
Santa Rosa, CA 95404
707-526-7370

Description:

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Interpretations of Contractor Duties.

Participation:

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Interpretation of contract language and industrial standards regarding American Institute of Architects Document A107, “Abbreviated Form of Agreement between Owner and Contractor” and other factors regarding contractor’s duties.

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Research of case documentation.

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Mr. Kulwiec was deposed by Mr. Dowd’s legal counsel. Case settled out of court.
 

Koll Construction & its subcontractors v. City of Newport Beach et al.
Re: Newport Beach Central Library
American Arbitration Association Case # 73 110 00193 95

Client:

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Koll Construction
c/o Mr. Paul Hamilton
Hamilton & Samuels, Newport Beach
Relocated: Jeffer, Mangels, Butler & Marmaro, LLP
2121 Avenue of the Stars, 10th Floor
Los Angeles, CA 90067-5010
310-210-3552

Description:   

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Construction Defects vs. City Project Management and Construction Document Defects.

Participation:

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Non-destructive forensic investigation of completed construction.

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Review of Library’s Architect’s and Engineer’s construction documents for errors and omissions.

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Review of general contractor and major subcontractor claims in the areas of steel, windows, framing, plaster and miscellaneous materials.

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Analysis of $8 million library’s construction documents, including construction drawings, Changes Order Requests (C.O.R.’s), shop drawings, Request For Clarification (R.F.C.’s), bulletins, daily reports, etc.

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Interpretation and coordination of additional experts’ information and findings (Construction, CPM, Soils and Structural Steel).

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Mediation hearing preparation, presentation and 3 days of testimony.

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Claim has been found in favor of plaintiff.
 

Koll Construction & its subcontractors v. City of Newport Beach et al.
Re:  Newport Beach Central Library

American Arbitration Assoc. Case # 73 110 00193 95

Client:   

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Kennedy Plaster (Koll Construction Sub-contractor)
represented by Barbara J. Erickson, Westlake Village CA
Description: Construction Defects vs. City Project Management and Construction Document Defects.

Participation:

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Mr. Kulwiec was also selected as an expert for Kennedy Plaster to investigate conditions and events regarding a separate claim involving their work pertaining to the exterior metal stud wall construction and finish plastering

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All work was coordinated through Mr. Hamilton.
 

Rosales v. Axell, et al.
Ventura County Superior Court Case # CIV153667

Client:

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Al Rosales represented by
Lowthrop, Richards, McMillian, Millar, Conway & Templeman
Alan R. Templeman,
PO Box 5167
300 East Esplanade Drive
Oxnard CA 93031

Description:

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Topographical changes of adjacent property resulting in flooding of clients home.
Participation:

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The Rosales residence was flooded due to topographic changes on adjacent property owned by Mr. Axell. Mr. Kulwiec prepared reconstruction plan for the home at an elevation above potential future flooding.

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Mr. Kulwiec prepared research documentation for Mr. Templeman, was deposed by Mr. Axell’s legal counsel and testified at trial on behalf of Mr. Rosales.

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Case was decided by a jury in Mr. Rosales’ favor.
 

The Colony at Mandalay Beach Homeowners Assoc. v.
Mandalay Beach Venture Ltd., et al.

Ventura County Superior Consolidated Court Case # 97856

Client:

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Mandalay Beach Venture Ltd.
represented by
Mr. Paul Hamilton
Hamilton & Samuals, Newport Beach
Relocated: Jeffer, Mangels, Butler & Marmaro, LLP Paul Hamilton
2121 Avenue of the Stars, 10th Floor
Los Angeles, CA 90067-5010
310-210-3552

Description:

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Water intrusion into 700 condominiums and townhomes. Homeowners v. General Contractor 
and General Contractor v. Sub-Contractors.

Participation:

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On site forensic destructive investigation of decking, mission tile and built-up roofs, windows and miscellaneous exterior surfaces on over 700 high-end condominiums and townhomes within a 6‑month time period.

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Review of all research and active participation in mediation with builder and major sub-trades, over a 6‑month period, re: negotiation on solution to solve problem areas.

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Developed a construction document package, including drawings and specifications, to reconstruct new roofs, flashings, water resistant decks, entry walks and openings of window and door on all 700 units. Construction Cost $7.5 million–competitive bid.

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Commissioned by Mandalay Beach Homeowners Assoc. for Construction Documents services to correct construction defects.

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Case was settled in the arbitration phase of litigation.
 

Compton Development v. Roscoe
LA Central District Superior Court Case No. BC 119593

Client:

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Compton Development represented by
Daron Watts, Attorney, 213-869-6044
Johnny Griggs, Lead Attorney, 213-896-6670
Sidley & Austin
555 W. Fifth Street Suite, #4000
Los Angeles, CA 90013

Description:

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Dispute involving construction agreement and completion of construction as it relates to construction
contracts between Compton and General Contractor and Tenant “Roscoe.”

Participation:

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Interpretation of contract language and industrial standards regarding American Institute of Architects Document A107, “Abbreviated Form of Agreement between Owner and Contractor” and other factors regarding contractor’s duties.

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Research of case documentation.

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Multiple Depositions. 

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Jury Trial in favor of the Plaintiff.
 

Encell v. Motel 6
LA County Southwest District (Beverly Hills)
Superior Court Case No. YC028761

Client:

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Motel 6 represented by
Barry Clifford Snyder
Snyder & Strozier
222 E Carrillo St #101
P.O. Box 119
Santa Barbara, CA 93101-2139
805-730-1200

Description:

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Plaintiff fell at the motel site.

Participation:

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Review of Construction Documents and research of permits.

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Investigation of daylight conditions and weather conditions at the time of accident.

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Deposition and Jury Trial.
 

Robert Willinsky v. Paschen Management Group & McDonalds Corp.
Ventura County Superior Court Case # CIV 186976

Client:

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McDonalds Corp. represented by
Ann Hall
Seifert, Henderson, Farricker & Gilman
35 North Lake Avenue, Suite 900
Pasadena, CA 91101
626-449-7723

Description:

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Plaintiff fell at fast food restaurant site.

Participation:

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Review of Construction Documents and research of all permits.

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Review of Americans with Disabilities Act (ADA) requirements at time of construction.

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Preparation of As Constructed Documents.

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Research of weather conditions (rain) at time of incident.

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Deposition and preparation for jury trial is ongoing.
 

Sierra Plaza Investments v. Wallace & Smith
Kern County Superior Court Case # 23511812A

Client:

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Sierra Plaza Investments represented by
Christopher W. Hine
Terence J. Werdel & Assoc. Law Offices
5500 Ming Ave., Suite 140
Bakersfield, CA 93309
661-837-8053

Description:

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Water intrusion into a bowling alley and adjacent retail buildings.

Participation:

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Destructive testing

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Repair construction estimate for mediation purposes

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Deposition and Jury Trial.

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Case is ongoing and in pre-trial phase.
 

Rio Vista Village Ltd. v. Leidenfrost/Horowitz & Assoc. et al

Los Angeles Superior Court Case # BC 203124 Dept. 20

Client:

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Rio Vista Village represented by
Tim Reuben
Reuben & Novicoff
9601 Wilshire Blvd., Suite 644
Los Angeles, CA 90210
310-777-1990

Description:

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Change Order disputes and extensive water infiltation.

Participation:

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Review of Construction Documents, Change Orders, RFI’s, etc.

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Extensive destructive testing.

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Team coordination efforts with Structural Engineer, Destructive Testing Contractor, Industrial Hygienist and other team members.

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Expert’s meetings with defendants in a mediation setting.

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Extensive deposition testimony.

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Case is ongoing with intense mediation sessions.
 

Swope v. Our Lady of Bellefonte Hospital
American Arbitration Association # 55Y1100005499R/J

Client:

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Swope Construction, represented by
Pamela Lambert
Lambert & Associates, Attorneys at Law
Route 2, Main Street
PO Box 926
Gilbert, WV 25621
304-664-3096

Description:   

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Plaintiff disagreed with Change Order processing, Construction Documentation and Field Orders 
by Architect on behalf of Hospital.

Participation:

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Review of Construction Documents, Change Orders, RFI’s and other Contract Documents.

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Participation in mediation efforts to settle dispute.

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On-site review of as-built condition at hospital in Ashland, Kentucky.

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Deposed by defendant in Charleston, West Virginia.

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Review of all other participants’ depositions.

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Preparation for Arbitration hearing.

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Testified at 5-day arbitration and actively participated in the arbitration process before a three-member arbitration panel.

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Mr. Swope was successful in the arbitration process.
 

 

 

 

 

 

 

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