D. Benjamin Hales is a 40-year veteran of the Construction Industry. He practices as a Registered Roof Consultant, and a Certified Construction Specifier, and a Certified Indoor Environmentalist, and a Licensed Mold Assessment Consultant. Mr. Hales has been a Professional Construction Consultant since 1978 and has served as a legal expert on various projects since the mid-1980's.
Mr. Hales primary area of practice is Building Envelope Consulting. Mr. Hales secondary areas of practice are: Roof Consulting, Mold Assessments and Consulting, and Indoor Air Quality (IAQ) Assessments and Consulting.
Background
Q: Please list your professional accreditations, degrees, licenses, and certificates granted:A: 1. Wiltshire University, 2002 - BS Construction Management
2. Registered Roof Consultant ñ RRC
Board certified and Registered by the Roof Consultants Institute ñ 29 March 1988
3. Certified Microbial Consultant - CMC
Board certified by the American Indoor Air Quality Council ñ 15 May 2003
4. Certified Indoor Environmentalist ñ CIE
Certified by Indoor Air Quality Association, Inc. ñ 12 August 2005
5. Certified Construction Specifier ñ CCS
Board certified by the Construction Specifications Institute ñ March 1984
6. Certified EIFS & OCS Third Party Inspector & Moisture Analyst
Certified by the Exterior Design Institute ñ 26 June 2004
7. Certified EIFS Quality Control Consultant
Certified by the Exterior Design Institute ñ 26 June 2004
8. Certified Construction Inspector - CCI
Certified by the Association of Construction Inspectors ñ 19 April 2000
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: 1. Roof Consultants Institute (RCI) ñ National
2. American Indoor Air Quality Council (AIAQC) ñ National & Houston Chapter
3. Construction Specifications Institute (CSI) ñ National & Houston Chapter
4. Exterior Design Institute (EDI) - National
5. American Society for Testing & Materials (ASTM) - National
6. Association of Construction Inspectors (ACI) - National
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: 1. Second Annual Buildings Show - Dallas, Texas, 1985
2. Roof Consultants Institute (RCI) National Convention ñ Dallas, Texas, 1987
3. Roof Consultants Institute (RCI) National Convention ñ Orlando Florida, 1988
4. National Roofing Contractors Association (NRCA) Convention - Chicago, 1988
5. Roof Consultants Institute (RCI) National Convention ñ Washington, D.C., 1989
6. Roof Consultants Institute (RCI) National Convention ñ San Francisco, California, 1990
7. National Engineers Meeting, Hyatt Hotels Corporation ñ Atlanta, Georgia, 1990
8. Roof Consultants Institute (RCI) National Convention ñ Chicago, Illinois, 1991
9. National Engineers Meeting, Hyatt Hotels Corporation ñ Sacramento, California, 1991
10. National Engineers Meeting, Hyatt Hotels Corporation ñ Chicago, Illinois 1992
11. National Construction Symposium - Houston, Texas, 1998
12. National Construction Symposium ñ Houston, Texas, 1999
13. Louisiana AIA Roofing Symposium ñ Baton Rouge, Louisiana, 2002
14. Houston High-Rise Managers Association ñ Houston, Texas, 2005
Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: No
Q: On how many occasions have you been retained as an expert?
A: approx. 20 - 25
Q: For what area(s) of expertise have you been retained as an expert?
A: Exterior Building Envelope
Roofing
Wood Windows
Aluminum Windows
Waterproofing
Sealants
Water Intrusion
Q: In what percentage of your cases were you retained by the plaintiff?
A: approx. 20%
Q: In what percentage of your cases were you retained by the defendant?
A: approx. 80%
Q: On how many occasions have you had your deposition taken?
A: approx. 20 - 25
Q: When was the last time you had your deposition taken?
A: 21 June 2006
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: 01
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: 04
Q: For how many years have you worked with the legal industry as an expert?
A: 20
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: 1. forensic investigation of exterior building envelopes (both invasive & non-invasive)
2. forensic investigation of material malfunctions (not structural failures)
3. forensic investigation of water intrusion issues
4. diagnostic water testing
5. IAQ testing
6. microbial investigations
7. plan review and analysis
8. specification review and analysis
9. submittal review and analysis
10. Design review and analysis
Q: What is your hourly rate to consult with an attorney?
A: 120.00
Q: What is your hourly rate to review documents?
A: 120.00
Q: What is your hourly rate to provide deposition testimony?
A: 150.00
Q: What is your hourly rate to provide testimony at trial?
A: 150.00
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: Travel @ $ 60.00/hr. port-to-port plus expenses @ cost
References
David ToneyMILLS SHIRLEY, L.L.P.
One City Centre
1021 Main Street
Suite 1950
Houston, Texas 77002
(713) 225-0547
dtoney@millsshirley.com
William Harger
RAMSEY & MURRAY, P.C.
800 Gessner
Suite 1100
Houston, TX 77024
(713) 613-5400
harger@ramseyandmurray.com
David Peden
PORTER & HEDGES, L.L.P.
700 Louisiana - 36th Floor
Houston, Texas 77002
(713) 226-6610
dpeden@porterhedges.com
