Expert witness · First-party property
First-Party Property Insurance Claims Expert Witnesses
Technical construction analysis of property damage, repair scope and estimating for windstorm, hurricane and water-loss matters, with expert reports and testimony. Brian C. Moye and Daniel R. Zorrilla both testify. Based in Clearwater for Tampa Bay, and working primarily in Florida, with more than 10 out-of-state cases and consulting matters.
The short answer
What Oxley’s first-party property insurance experts do
Oxley provides expert witness services on first-party property insurance claims that turn on construction damage, repair scope and cost. Brian C. Moye, CBC, and Daniel R. Zorrilla, J.D., BSBC, CGC, CFCC, both testify. The work is technical construction analysis of property damage, repair scope and estimating for windstorm, hurricane and water-loss matters.
Photographs, inspections, construction documents, estimates and other project information may inform an assessment. The approach and conclusions depend on the assignment, property conditions, available information and documented scope assumptions. Work through Oxley is technical consulting, not legal representation.
An appraisal, umpire or testifying contribution depends on the actual appointment or engagement. It is not an automatic part of a technical assignment. Appraisal and umpire appointments are conflict-checked separately from expert engagements.
- Testifying expertsBrian C. Moye, CBC, Managing Director, and Daniel R. Zorrilla, J.D., BSBC, CGC, CFCC, President
- Typical questionsExisting damage, repair scope, quantities, pricing and supporting records
- TestimonyBrian has testified in more than 75 cases in state and federal court on property damage estimating and construction. Dan has testified in more than 40 cases, in litigation, including federal court, and in arbitration.
- WhereTampa Bay (Clearwater office). Primarily Florida, with more than 10 out-of-state cases and consulting matters.
- Retained byInsurers, insureds and their counsel
Who does the work
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 →
Who does the work
Daniel R. Zorrilla, J.D., BSBC, CGC, CFCC
Dan Zorrilla is Oxley’s President and a testifying expert. First-party and defect questions on a property-loss assignment may also involve his work, depending on the issues presented.
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.
CV and testimony history available to counsel on request. Full profile →
Methods
How a first-party property assignment is analyzed
The technical inquiry concerns construction damage, repair scope, quantities, pricing and supporting records. The condition of the property, available access and records, and the question presented affect the technical inquiry.
Existing damage
What conditions are documented, and what access or record limitations exist?
Repair scope
Which construction repair questions are presented by those conditions?
Estimating information
What quantities, pricing sources and assumptions inform the cost analysis?
Role and limitations
What does the actual appointment or engagement address, and what remains outside it?
Material contrary evidence
What material information supports or challenges the proposed technical conclusions?
Unexplained assumptions
What assumptions or reconstructions affect interpretation of the analysis?
How an assignment runs
From the record to the opinion
01
Establish the condition
Assess what photographs, inspections, construction documents and other records can actually support about the existing damage.
02
Define the repair questions
Identify which construction repair questions are presented by those conditions.
03
Examine cost information
Review quantities, pricing sources and assumptions that inform the cost analysis.
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 first-party 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.
Brian’s construction background includes insurance-loss restoration work and project management for high-rise and commercial restoration following hurricanes.
Related work: repair, construction defects and estimating.
Possible assignment outputs
- Loss scope and repair opinion
- Repair methodology and cost opinion
- Technical findings, and appraisal, umpire or testimony contributions where those are part of the actual engagement
When this comes up
- A carrier and insured disagree on scope or price
- Wind, hurricane or water damage is disputed
- An appraisal or suit needs a construction estimating opinion
- Counsel needs a technical view of what the photographs, inspections and estimates actually support
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 first-party 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.
Material contrary evidence left out
Failing to address material information that supports or challenges the proposed technical conclusions.
Unexplained assumptions
Leaving reconstructions, quantities or pricing assumptions unexplained when they affect the conclusion.
Scope larger than the engagement
Treating appraisal, umpire or testimony work as if it were part of an assignment that did not include it.
FAQ
First-party property insurance expert witnesses: common questions
What does a first-party property insurance assignment examine?
Property-loss assignments may examine existing construction damage, possible repair approaches and the information supporting cost estimates. The condition of the property, available access and records, and the question presented affect the technical inquiry.
Who are Oxley’s first-party property insurance expert witnesses?
Brian C. Moye, CBC, is a Managing Director whose work includes first-party property and insurance claims, property damage estimating, repair scope and methodology, and appraisal and umpire dispute resolution. He has testified in more than 75 cases in state and federal court on property damage estimating and construction. Daniel R. Zorrilla, J.D., BSBC, CGC, CFCC, also testifies and leads the firm.
Does an assignment automatically include appraisal or umpire work?
No. An appraisal, umpire or testifying contribution depends on the actual appointment or engagement. It is not an automatic part of a technical assignment. Appraisal and umpire appointments are conflict-checked separately from expert engagements.
What losses does this work typically involve?
The practice described on this page is technical construction analysis of property damage, repair scope and estimating for windstorm, hurricane and water-loss matters.
How are repair scope and cost addressed?
Repair alternatives and cost assumptions may be considered in relation to the existing conditions and relevant information. Quantities, pricing sources and assumptions are stated, including where they affect the conclusion.
Does Oxley work for carriers or insureds?
Oxley is retained by insurers, insureds and their counsel. Oxley acts for only one party on a project. Fees do not depend on the findings.
Where does Oxley provide first-party property insurance expert witness services?
Oxley is based in Clearwater, in Tampa Bay, and handles matters across Florida 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
Further reading
- Repair cost expert opinions Repair scope, method and cost to restore what was damaged or defective.
- Construction defect expert witnesses Condition, cause and cost of remedy of alleged defects.
- Construction estimating expert witnesses Scope, quantities, pricing and assumptions.
First Party Property Insurance Claims
Talk to a consultant
Also in this practice
Consulting Expert Witness Opinions & Testimony
- DisruptionTechnical opinions on productivity effects, including effects without a change in the completion date.
- TerminationOpinion on the circumstances and consequences of a termination.
- EstimatingTechnical estimating analysis addressing scope, quantities, pricing and assumptions.
- RepairOpinion on repair scope, method and cost to restore what was damaged or defective.
- Completion CostsTechnical analysis of remaining work and construction completion costs.
- Estimating
- Repair
- Completion Costs
- Construction DefectsOpinion on the existence, cause and cost of remedy of alleged defects.
- Construction Industry StandardsConstruction-practice opinions grounded in the project facts and records.
- Construction Contract AdministrationOpinions on day-to-day administration of contracts and subcontracts from a contractor project manager’s perspective.
- Delay DamagesTechnical analysis of delay-related costs, supporting records and assumptions.
- Contractor, Owner & Subcontractor Damages CalculationsDamages quantification for different roles in the contractual chain.
- Forensic Construction AccountingTracing claimed cost back through the books to what was actually spent.
- Property Damage Expert OpinionsTechnical construction analysis of property damage, repair scope and estimating for windstorm, hurricane and water-loss matters.