1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Michael J. Estep, SBN 123509 LAW OFFICES OF TIMOTHY R. WAGNER 1655 Grant Street, Suite 800-B Concord, CA 94520 Telephone: (925) 681-3531 Facsimile: (866) 386-1186 Attorneys for Defendant and Cross-Defendant DAVEY ROOFING, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SANTA CLARA

CILKER APARTMENTS, LLC, Plaintiff, v. WESTERN NATIONAL CONSTRUCTION, et al., Defendants. AND RELATED CROSS-ACTIONS

Case No. 113CV258281 SUPPLEMENTAL EXPERT WITNESS DISCLOSURE OF DAVEY ROOFING -- and -- DECLARATION OF COUNSEL Trial Date: June 13, 2016

DAVEY ROOFING, INC. (“DRII”) herein supplements its initial expert witness

disclosure to add the following expert witnesses who have been retained to testify on

DRI’s behalf at the time of trial:

1. Robert B. Benz, Madsen, Kneppers & Associates, Inc., 100 Pringle

Avenue, Suite 340, Walnut Creek, CA 94596-3512 (925/683-1557).

2. Dave Brown, LEED AP President, R.L. Brown Construction, Inc., 4878

Sunrise Drive, Martinez, CA 94553 (925/228-4944).

3. Mark R. Newton, CPA/ABV, CFF, Hagen, Streiff, Newton & Oshiro, 2200

Powell Street, Suite 590, Emeryville, CA 94608 (510/740-1910).

///

/// - 1 -

SUPPLEMENTAL EXPERT WITNESS DISCLOSURE OF DAVEY ROOFING – AND – DECLARATION OF COUNSEL

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DRI reserves the right to call at trial any experts designated by any other party as

DRI’s expert. DRI reserves the right to call other expert witnesses to testify at trial in

rebuttal to expert witnesses called by any other party in this litigation, or as the need

arises. DRY reserves the right to supplement this disclosure per section 2034.280 of the

Code of Civil Procedure.

DRII reserves the right to call any employee or other lay witness as an expert

witness at the time of trial should that witness be qualified by the court to testify as an

expert witness.

Dated: January 22, 2016 LAW OFFICES OF TIMOTHY R. WAGNER

By:___________________________________ Michael J. Estep Attorneys for Defendant and Cross-

Defendant DAVEY ROOFING, INC.

DECLARATION OF MICHAEL J. ESTEP IN SUPPORT OF

EXPERT WITNESS DISCLOSURE

I, Michael J. Estep, do hereby declare as follows:

1. I am an attorney at law duly licensed to practice before all of the courts in

the State of California, and I am an employee of the AIG Group in the Law Office of

Timothy R. Wagner. I am the trial attorney of record for Pyramid Builders, Inc.

2. Mr. Robert Benz is a California-licensed architect and general contractor.

He has experience and training in the design and construction industries that is far in

excess of that of a layman. Mr. Benz has more than 30 years of design and construction

experience, and a technical background that includes both commercial, public, and

residential projects. He has extensive forensic experience with respect to roof

construction negligence claims. A copy of his resume is attached.

/// - 2 -

SUPPLEMENTAL EXPERT WITNESS DISCLOSURE OF DAVEY ROOFING – AND – DECLARATION OF COUNSEL

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3. It is anticipated that Mr. Benz’s testimony will concern standard of care,

allocation of fault, scope of repair, cost of repair, work inspection, and other project-

related issues as those issues relate to the roofs at this project. His testimony will

concern both liability and damages issues. His rate for expert witness deposition

testimony is $395 per hour.

4. Mr. Brown is a licensed roofing contractor in the State of California with

R.L. Brown Construction. Mr. Brown will offer testimony as to the maintenance and repair

cost of the roofs. His testimony will concern both liability and damages issues. His rate

for expert witness deposition testimony is $250 per hour.

5. PBI anticipates calling Mr. Mark R. Newton to testify as an expert witness

at trial. Mr. Newton is a Certified Public Accountant in California and Washington and

also, among other qualifications, is certified in financial forensics by the American

Institute of Certified Public Accountants. He has an education, experience, and training

in the measurement of economic damages and forensic accounting that is far in excess

of that of a layman.

6. Mr. Newton has more than 40 years of experience with the measurement

of damages resulting from business interruption, construction defect, contract disputes,

property loss, consequential loss, and other events. He has experience and a technical

background in the measurement of construction claims and consequential damages for

both owners and contractors. He has extensive forensic experience with respect to

construction defect claims. A copy of his Curriculum Vitae is attached.

7. It is anticipated that Mr. Newton’s testimony will concern economic and

financial loss and damage claims made by the parties, profits, losses, and issues of

accounting associated with these items, the roles/responsibilities of the parties in these

regards, and also devaluation issues regarding the property, if any. It is also anticipated

that he will testify concerning the opinions of other expert witnesses designated by other

parties and the documents, if any, relied upon by those experts. His testimony will

concern both liability and damages issues. His rate for expert witness deposition - 3 -

SUPPLEMENTAL EXPERT WITNESS DISCLOSURE OF DAVEY ROOFING – AND – DECLARATION OF COUNSEL

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

testimony is $485 per hour.

8. Mr. Benz, Mr. Brown, and Mr. Newton will be sufficiently familiar with the

subject matter of this litigation to submit to a meaningful oral deposition concerning any of

their opinions and the basis for such opinions.

I declare under the penalty of perjury under the laws of the State of California that

the foregoing is true and correct. I further declare that this declaration was executed by

me in Concord, California on January 22, 2016.

______________________________

Michael J. Estep

- 4 - SUPPLEMENTAL EXPERT WITNESS DISCLOSURE OF DAVEY

ROOFING – AND – DECLARATION OF COUNSEL

Attachments

ROBERT B. BENZ, AIA

EXPERIENCE Mr. Benz has more than 20 years of experience as a licensed architect in California and more than 30 years of experience in the design and construction industry in the United States and Canada. In the United States, Mr. Benz began working as a carpenter in 1975 on custom wood framed buildings including churches, schools, houses and barns. As a draftsman and project manager for a medium sized metal building contractor in North Carolina, he applied his skills in both the design and construction industry. On the West Coast while a graduate student at the University of California, Los Angeles from 1980 to 1986, his experience included designing and building custom single family homes. His responsibilities included the preparation of working drawings, shop drawings, specifications, bidding and contract documents as well as follow through with contract administration services. As a project architect with Ned Forrest Architects from 1992 to 1994 in Sonoma, California, he provided clients with an understanding of the relationship between design and construction. As an architect with Thomas Anderson & Co. from 1994 to 2009 and as an independent consultant from 2009 to 2012, Mr. Benz managed all aspects of commercial, residential, public and institutional forensic architectural and construction services. Additionally, he has worked on hundreds of assignments related to building envelope performance and has a sound knowledge of building materials, field investigation methods and scientific principles. He has opined on building envelope performance on over 100 projects as it relates to design and construction, building code, quality standards and cost and standard of care. Mr. Benz has qualified as an expert witness in deposition over 100 times and has testified in trial several times. His design and construction experience in Canada includes teaching construction in the architecture department at Dalhousie University (formerly the Technical University of Nova Scotia). As a technical and project architect with Brian Mackay-Lyons, FAIA for more than 10 years, Mr. Benz’s projects included the design and construction of several multi-family residential, custom residential, and institutional buildings culminating in the Ghost Architectural Laboratory built between 1996 and 2011 which received the American Institute of Architects Honor Award in 2012. Since joining Madsen, Kneppers & Associates, Inc. in 2012, Mr. Benz’s consulting experience has mostly been in construction defect litigation for building owners as well as architects, developers, general contractors and subcontractors. The projects cover all areas of design and construction for building types ranging from single family custom homes, condominiums, and public and institutional buildings including schools, hotel facilities, fire stations and hospitals. All projects have included building code consulting including barrier free design and accessibility standards according to the Americans with Disabilities Act (ADA).

ROBERT B. BENZ, AIA

WORK HISTORY 2012 – Present Architect - Madsen, Kneppers & Associates, Inc., Walnut Creek, California 2010 – 2012 President - Benz Architecture and Consulting, Inc. Sonoma, California 1996 – 2011 Permanent Faculty, GHOST Laboratory in Design and Construction, Nova

Scotia, Canada 1994 – 2009 Principal Architect - Thomas Anderson & Co., Sonoma, California 1992 – 1994 Project Architect - Ned Forrest Architects, Sonoma, California 1986 – 1988 Visiting Professor, Technology in Architecture Department, Technical University

of Nova Scotia, Nova Scotia, Canada 1984 – 1991 Project Architect - Brian Mackay-Lyons Architect, Halifax, Nova Scotia, Canada 1980 – 1983 Design/Builder, Los Angeles, California 1978 – 1980 Project Manager - GG Ray Company, Charlotte, North Carolina EDUCATION Bachelor of Arts, Architecture, University of North Carolina, Charlotte, North Carolina, 1979 Master of Architecture, University of California, Los Angeles, California, 1986 CONTINUING EDUCATION American Institute of Architects, Ghost 13, 2011 International Symposium in Design and Construction American Institute of Architects and CAB, 2011, 2009, 2007 ADA requirements BESS 2010, Cal Poly Pomona, Practical sustainability, exterior envelope design and construction seminar LEED 101, Green Building Certification Institute, Green Building Basics, 2008 LEED, Green Building Certification Institute, New Construction Technical Review Workshop, 2008 U.S. Concrete Insulated Concrete Form Seminar, 2005 Mold Contamination in Buildings, 2001 Indoor Air Quality, the Growth of Mold in Wood, 2000 Helical Pier Design and Installation Seminar, Raising and Stabilizing Compression and Tension Loads Utilizing Piers and the Uretek Method, 1997 San Jose State University, Construction Schedule Analysis and Evaluation of Delay Damages, 1997 PROFESSIONAL CERTIFICATIONS AND SOCIETIES Architect in California, License #C25275, since 1994 Contractor in California, License #973344, since 2012 Member, American Institute of Architects, since 2005 Vice President/Program Director, 2009 - 2013: Member, Westcon, Berkeley, California, since 2009

FEE SCHEDULE

Professional Services Hourly Rate

Principals $250

Architects $135-225

Clerk of The Works Consultants $95-175

Construction Consultants $95-225

Construction Cost Estimators $95-225

Construction Management $135-225

Electrical Consultants | Engineers | Estimators $135-225

Engineers [Civil | Structural] $135-225

Geotechnical Consultants | Engineers | Geologists $135-225

Mechanical Consultants | Engineers | Estimators $135-225

Restoration Consultants | Estimators $95-215

Roofing Consultants | Estimators $135-225

Scheduling Consultants $105-225

Technical [Graphics | Analysts | Specialized IT Operations] $75-175

Support Services $75-95

Other Services

Deposition/Expert Witness Testimony $395 (Travel To and From Deposition/Wait Time at Regular Rates)

Reimbursable Expenses & Sub-Contractor/Sub-Consultant Services Cost plus 10%

Automobile Use - Based Upon IRS Published Rates Cost plus 10%

Photocopying, Binding and Digital Photo Printing At MKA Cost

Revised December 28, 2015

R.L. Brown Construction, Inc. | With Construction Expertise Since 1975 Page 1 of 3

Dave Brown, President and Principal-in-Charge 20 years of construction expertise

Dave is responsible for the overall operations, and communications of R.L. Brown Construction. His focus has always been client relations, monitoring construction procedures and the continuous education of laws, mandates and codes that affect the construction industry. His specialties include new construction, renovations, tenant improvements, defect

reconstruction as well as builder’s warranty and customer service repairs for some of California’s largest developers. Dave works closely with Architects, Forensic Engineers and Attorney’s to provide conceptual repair estimates, destructive testing services and expert witness services for construction litigation cases. Education: California State University, Chico Bachelor of Science, Construction Management, 1994 Licenses: California Contractors License, A & B #384582 California Contractors License, A & B #785075 Nevada Contractors License, B #78019 Affiliations: Western Construction Consultants Assoc., Member Associated Builders & Contractors, Member U.S. Green Building Council, Member, LEED AP Strengths: Building Construction Engineering Construction Construction Management Expert Witness Destructive Testing & Investigations HOA Experience: Lake Tahoe Vacation Resort, Exterior Renovation South Lake Tahoe, CA - $26.2M Dave is the Principal-in-Charge working closely with the Senior Project Manager on this major renovation project. They are in the process of replacing siding, roofing, doors, windows, and mechanical equipment,

as well as a complete remodel of 142 interior guest rooms and numerous common areas. Rossmoor Pool Enclosure Reconstruction Walnut Creek, CA - $1.9M Dave was the Project Manager providing a complete reconstruction of an exterior pool deck area, installing a pool enclosure structure, and tenant improvements to existing interior spaces. The adjacent clubhouse and recreation-gymnasium areas remained in service throughout the project and occupied.

Rossmoor Pool, Walnut Creek, CA Brickyard Landing HOA, Residing & Repairs Point Richmond, CA - $4.3M Dave was the Principal-in-Charge managing the team responsible for this major exterior modernization project. The scope included residing of four large multi-story condominium buildings with 310-units. The project included new window flashings, new roof flashings, and miscelleanous repairs.

Brickyard Landing, Point Richmond, CA Commercial Experience: Westpro Realty Building Pinole, CA - $975k As Project Manager, a new 3,900sf building was constructed from the ground up. This project was a single-story, slab on grade building with a combination of CMU/wood framed exterior walls and metal framed interior walls. The scope of work included all major electrical and mechanical systems.

R.L. Brown Construction, Inc. | With Construction Expertise Since 1975 Page 2 of 3

Dave Brown, President and Principal-in-Charge 20 years of construction expertise

Humane Society Silicon Valley Milpitas, CA - $16.2M Dave was the Project Manager on the new construction of this 48,000sf state-of-the-artLEED Gold facility. Along with the new building, the project also included complete sitework construction consisting of a parking lot, dog park, and other animal service and play areas.

Humane Society Silicon Valley, Milpitas, CA Advanced Laser Skincare Center Addition San Ramon, CA - $1.5M Dave was the Principal-in-Charge providing the new construction from the ground up of this facility that will provide board-certified dermatologist and Fellow of the American Academy of Dermatology.

Advanced Laser Skincare Center, San Ramon, CA Public Work Experience: West Shelter Pinole, CA - $1.4M Dave was the Project Manager for this new single-story, 5,500sf animal shelter facility that was built from the ground up. Its compoentns included slab on grade, with a combination of CMU/wood framed exterior walls, combination CMU/metal framed interior walls, all major electrical and mechanical systems, custom stainless steel cage systems, and a centrally located kennel cleaning system with remote cleaning units in each kennel room.

Highway 76 Project “C” Oceanside, CA - $11.6M As Project Manager, approximately two miles of new highway were constructed. The scope included 8” - 24” D.I.P. waterlines, 8” - 18” PVC sewerlines, 24” - 30” A.P. drainage units, cast in place concrete slab bridge, retaining walls, soundwalls, cast in place R.C.B. culverts, concrete flatwork, and signalized intersections. Experience prior to R.L. Brown Construction. Pipeline 3 Conversion, San Diego County Water Authority, San Diego, CA -$942k As Project Manager, Dave was responsible for construction of a cast in place concrete valve vault with appurtenances and monitoring / control equipment, installation of approximately 200 LF of 60” and 72” W.S.P., concrete encasements, and tie-ins to existing facilities. Experience prior to R.L. Brown Construction. Pipeline 2A, San Diego County Water AuthorityValley Center, CA -$15M As a Project Engineer, Dave worked with a team on constructing approximately 4.1 miles of cross-country pipeline. The project included installation of 4.1 miles of 66” W.S.P., cast in place concrete valve vault, precast valve vaults, concrete encasements, appurtenances, 680 LF hard rock tunnel, and tie-ins to existing facilities. Experience prior to R.L. Brown Construction. 101/Larkspur Seismic Retrofit San Rafael, CA $10M As Field Engineer, Dave worked on this project which consisted of constructing a 1-mile HOV lane, as well as retrofitting 2 existing bridges. HOV lane included 3 retaining walls and an 1,100 ft. single cell box girder bridge. Retrofit included footing enlargements, pipe restrainers, bent cap bolsters, and additional support bents. Experience prior to R.L. Brown Construction.

R.L. Brown Construction, Inc. | With Construction Expertise Since 1975 Page 3 of 3

Dave Brown, President and Principal-in-Charge 20 years of construction expertise

Healthcare Experience: NorthBay Medical Center Fairfield, CA - $3.9M Dave was responsible for organizing and managing a complete project team to complete the developed repair scope for this project. The scope included the phased removal of the existing Exterior Insulation and Finish System (EIFS), abatement of mold contaminates, installation and monitoring of interior and exterior environmental containments, installation of new “hybrid” EIFS, and finish painting of entire building exterior. The building was an active three story acute care medical facility. All hospital functions continued uninterrupted throughout the duration of the project. Industrial Experience: Oakport Building Modifications Oakland, CA - $5.2M As Project Manager, Dave was responsible for the modification of this existing manufacturing facility to accommodate Caltrans Right-Of-Way procurement for adjacent highway widening. A new office building was constructed, the existing manufacturing shop was shortenedand new yard areas were constructed with retaining walls, overhead cranes, storm water detention systems, and filtration systems.

Oakport Building, Oakland, CA

Professional Bio

12/2/2014 www.hsno.com Page 1 of 2

Mark R. Newton, CPA/ABV, CFF Partner 1330 Broadway Suite 430 Oakland, California 94612 Office: (510) 740-0381 Cell: (415) 279-1859 Email: mnewton@hsno.com

PROFESSIONAL EXPERIENCE 1974 – Current: Hagen, Streiff, Newton & Oshiro, Accountants, P.C. Mr. Newton, Managing Partner of HSNO, established the firm's Northern California practice in 1977 in San Francisco and the Seattle office in 2005. He specializes in the measurement of Economic Damages, Business Valuation and Forensic Accounting. His experience has involved almost every industry and includes damage measurement resulting from business interruption, construction defect, business valuation cases, contract disputes, intellectual property infringement, class action, property loss, consequential losses, fraud, product liability, wage and hour cases, employee pay disputes and personal injury. Mr. Newton has significant experience in the measurement of construction claims and consequential damages for both owners and contractors. His many fraud assignments have involved embezzlement, construction claims, theft of cash, theft of inventory and other personal property, kickback schemes, and employee dishonesty. Additionally, Mr. Newton has investigated a variety of cases involving alter ego status.

EXPERT TESTIMONY Mr. Newton has testified as an expert witness on many occasions in State Court, Federal Court, arbitrations and insurance appraisals. He has also testified before the International Trade Commission in Washington, DC regarding patent infringement.

ALTERNATIVE DISPUTE RESOLUTION Mr. Newton has been appointed on several occasions to act as a neutral expert or to provide an independent accounting for multiple parties involved in a dispute.

EDUCATION BA, Economics, University of California at Los Angeles, 1974

Continuing Professional Education requirements fulfilled as required by the AICPA and the Washington and California State Boards of Accountancy.

LICENSES Certified Public Accountant

Washington 2008 # 26759

California 1979 # 27261

Professional Bio

12/2/2014 www.hsno.com Page 2 of 2

PROFESSIONAL ACCREDITATIONS ABV - Accredited in Business Valuations – AICPA

CFF – Certified in Financial Forensics - AICPA

PROFESSIONAL ASSOCIATIONS

American Institute of Certified Public Accountants

National Association of Forensic Economists

Washington Society of Certified Public Accountants

California Society of Certified Public Accountants

Puget Sound Adjusters Association (PSAA)

Property Claims Association of the Pacific

Loss Executives Association

RECENT PRESENTED SEMINARS Valuing Significant Cases Perrin Asbestos Lit. September 8, 2014

Conference San Francisco

Valuing Household Services in Asbestos Litigation ADC San Francisco May 27, 2014

Expanding Business Income Loss Coverage Impact of Amerigraphics PLRB Jacksonville November 19, 2013

Wind Energy Losses in the Sky PLRB Orlando April 16, 2012

Wind Energy Losses PLRB Nashville April 5, 2011

Renewable Energy Losses PLRB San Antonio March 22/24, 2010

Renewable Energy Losses PLRB Seattle March 23/25, 2009

Preventing Pain – Punitive Damages ADC San Francisco December 4, 2008

Renewable Energy Losses PLRB Boston April 15/16, 2008

Forensic Accounting in Construction Washington Society of CPAs Litigation Bellevue October 30, 2006

Extended Period Business Income Loss CCNC Sacramento Sept. 21, 2006

Economic Damages From Construction Defects ADC San Francisco Sept. 16, 2005

Independent Power Producer Losses PLRB Scottsdale November 30, 2004

Power Generation Losses Lloyd’s of London July 6, 2004

Contingent Business Interruption PLRB Chicago March 15/17, 2004

Contingent Business Interruption PLRB Orlando March 30, 2003

Pitfalls in Business The Hartford Training Interruption Claims Sacramento August 6, 2002

Duplication of Claims Property Damage v. Time Element PLRB Anaheim April 9/10, 2002

1

PROOF OF SERVICE

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Cilker Apartments, LLC v. Western National Construction, et al. Santa Clara County Superior Court Case Number: 113CV258281

DECLARATION OF SERVICE

I, the undersigned, declare: I am a citizen of the United States and employed in Contra Costa County, California. I am over the age of eighteen years and not a party to the within above-entitled action. My business address is 1655 Grant Street, Suite 800-B, Concord California. I am familiar with this Company's practice whereby the mail, after being placed in a designated area, is given the appropriate postage and is deposited in a U. S. mailbox in the City of Concord, California, after the close of the day's business. On the date entered below, I served the following:

SUPPLEMENTAL EXPERT WITNESS DISCLOSURE OF DAVEY ROOFING -- AND -- DECLARATION OF COUNSEL

on all parties in the said action addressed as shown on the attached service list as follows: X BY E-MAIL to the Depository Only: by placing a true copy of each document in a

sealed envelope and placing such envelope for collection and mailing at Concord, CA following ordinary business practices.

BY FACSIMILE: by causing said document to be transmitted by EasyLink facsimile

to the number indicated after the address noted or the addressee on the facsimile cover sheet.

OVERNIGHT SERVICE: by placing a true copy of each document in a sealed envelope. I caused each such envelope to be delivered by Overnight/Express Mail Delivery to the addressee(s) noted in this Proof of Service.

X ELECTRONIC SERVICE: by causing said document to be served by transmitting said documents through the court designated e-service provider, File & ServeXpress to the person(s) on the electronic service list.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Concord, California on January 25, 2016.

Pamela Derrico

2

PROOF OF SERVICE

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Cilker Apartments, LLC v. Western National Construction, et al. Santa Clara County Superior Court Case Number: 113CV258281

SERVICE LIST

Aiken & Welch 111 N. Market Street Suite 300 San Jose, CA 95113 (877) 451-1580 Email - depositories@aikenwelch.com Depository