Legal & Expert Witness Experience
Comprehensive HVAC & Plumbing Investigations and Expert Testimony
Don Bailey, PE brings nearly five decades of mechanical engineering expertise to complex HVAC & plumbing disputes, investigations, and expert testimony.
Investigations & IAQ Case Studies
Selected examples of legal cases and IAQ investigations and remediation of malfunctioning or failed building and mechanical systems.
Shalanda Smith v. Winn-Dixie Stores, Inc.
Duval County, FL | 2024
- Issue: Excessive condensation leaking from refrigerated reach-in coolers, creating safety hazards and lost inventory.
- Approach: Performed thermal imaging scans, surface moisture mapping, and reviewed cooler maintenance logs.
- Findings: Discovered misaligned drain pan slopes, deteriorated cooler door seals, and blocked condensate lines.
- Remediation: Specified new pan gradients, high-efficiency condensate pumps, and upgraded door gasket materials—reducing condensation by 90% and underpinning the negligence claim.
Donna Gruny v. FA Blanding
Clay County, FL | 2023
- Issue: Chronic HVAC failures in a family-owned restaurant leading to customer discomfort and food-safety concerns.
- Approach: Conducted on-site airflow measurements, coil performance tests, and maintenance-procedure audits.
- Findings: Identified clogged condensate drains, coil fin corrosion, and lack of routine filter changes.
- Remediation: Recommended proactive maintenance protocols, back-flushed drain lines, and corrosion-resistant coil coatings to restore reliable operation.
Ocean Dunes Condos at Aquarina v. Brown Mechanical, et al.
Melbourne Beach, FL | 2022
- Issue: Tenant complaints of uneven cooling, noise, and system failures in a 50-unit condominium complex.
- Approach: Performed duct leakage tests, static pressure surveys, and control-system diagnostics.
- Findings: Revealed undersized duct runs, imbalanced airflow, and outdated thermostat controls.
- Remediation: Specified duct resizing, addition of balancing dampers, and modern digital control panels—bringing systems into code compliance.
Vero Beach High School
Vero Beach, FL | 2021
- Issue: Classrooms lacked adequate fresh-air ventilation, risking occupant health and regulatory non-compliance.
- Approach: Surveyed existing pre-conditioned air unit capacity, measured CFM per student, and modeled airflow distribution.
- Findings: Determined the need for supplemental ductwork and adjusted unit programming.
- Remediation: Designed and installed new supply runs to each classroom, ensuring 15 CFM per occupant per ANSI/ASHRAE standards.
Public Health Clinic, Ocala
Ocala, FL | 2020
- Issue: Extensive moisture intrusion in a 58,000 GSF clinic—leading to mold growth and patient complaints.
- Approach: Conducted building-envelope moisture testing, IAQ sampling, and HVAC system audits.
- Findings: Identified water infiltration at window interfaces, imbalanced outdoor-air intake, and inadequate return-air pathways.
- Remediation: Engineered a 100-ton pre-conditioned outside-air unit with enthalpy-wheel heat exchange, redesigned return-air plenums, and upgraded DDC controls—restoring IAQ and structural integrity.
Expert Witness
Don Bailey, PE brings nearly five decades of HVAC and plumbing mastery to the courtroom, offering authoritative expert-witness testimony that cuts through technical complexity. From detailed site investigations and case research to deposition and mediation support, his evidence-backed insights have guided attorneys and owners through high-stakes design and construction disputes.
Smith v. Winn-Dixie dba Harvey’s
Duval County, FL | Case No. 16-2021-CA-002860 | January 2023
- Site Investigation
- Deposition
Gorman v. Wal Mart East, et al.
Jacksonville, FL | Case No. 16-2018-CA-1473 | Mar 2019 – Feb 2020
- Site Investigation
- Deposition
Brown v. Jacksonville Kennel Club
Clay County, FL | Case No. 2019-CA-469 | Dec 2018
- Site Investigation
Gruny v. Famous Amos
Blanding, FL | Case No. 16-CA-961 | Dec 2017
- Site Investigation
Ocean Dunes Condominium Assoc. at Aquarina v. PAVCO
Melbourne Beach, FL | May 2015 – Feb 2017
- Case Research
Osceola County School Board v. Williams Co. of Orlando, Inc.
Orlando, FL | Feb 2001 – May 2002
- Case Research
- Mediation Support
IMPAC v. Carter-Burgess & Stiles Construction Corp.
Various Locations | Mar 1999 – Jun 2000
- Case Research
- Mediation Support
Additional Support Engagements
Below are representative cases where Don Bailey, PE provided crucial support services—presentations, preparation, research, and testimony—to clarify mechanical issues and strengthen legal strategies.
St. Catherine Laboure Manor v. Turknett Engineers
Jacksonville, FL | August 1997
- Context: Chronic moisture intrusion and indoor-air complaints in a senior-living facility
- Role: Presentation development, expert witness preparation, and on-site support
- Deliverables: Technical slide decks illustrating moisture pathways, pre-trial briefing documents, on-site facility walkthroughs
- Impact: Streamlined courtroom presentations and bolstered plaintiff’s settlement position
School Board of Orange Co. v. Sovran Construction Co., et al.
Orlando, FL | Case No. CI94-005399 | July 1997
- Context: Ventilation code violations across multiple public schools leading to health and safety concerns
- Role: In-depth case research and deposition testimony
- Deliverables: Comprehensive code-compliance analysis, deposition exhibits on air-change rates and system performance
- Impact: Provided authoritative data that supported summary judgment motions and accelerated dispute resolution
Mr. & Mrs. Jaime Carillon v. ADP Architects
Sarasota, FL | March 1992
- Context: Plumbing design errors in a healthcare facility causing repeated leaks and service interruptions
- Role: Historical case research and expert report preparation
- Deliverables: Chronological failure-mode timeline, forensic plumbing system analysis, corrective design recommendations
- Impact: Informed mediation discussions and guided architects toward a technically sound remediation plan
Trammel Crow v. Carrier Corp.
Dallas, TX | June 1989
- Context: Major chill-water system malfunction in a large commercial complex resulting in operational downtime
- Role: Detailed case research and courtroom testimony
- Deliverables: Failure-mode analysis reports, on-site system reconstruction data, expert witness testimony on system deficiencies
- Impact: Engineering evidence credited by the jury, leading to a successful claim against the equipment manufacturer
Each engagement highlights Don Bailey’s ability to translate complex HVAC and plumbing issues into clear, persuasive legal support—perfect for mediation, arbitration, or trial.
Frequently Asked Questions
Find quick answers to common inquiries about Don Bailey’s HVAC & plumbing investigations, expert witness services, and dispute resolution support.
What kinds of HVAC & plumbing investigations does Don Bailey conduct?
Site surveys, thermal imaging, IAQ sampling, code-compliance reviews, forensic moisture and condensation analysis, and full system audits.
How does the expert-witness process work?
With nearly five decades of testimony experience, Don begins with a detailed site investigation, then produces an illustrated, peer-review-quality engineering report, prepares meticulously for deposition, and delivers impartial, accuracy-focused courtroom or mediation testimony.
What industries and facilities has Don Bailey served?
Across 47 years, Don has supported hospitals, schools, public health clinics, restaurants, multi-family housing, water-treatment plants, and commercial or institutional buildings—always providing objective, expert analysis.
What deliverables are included in an expert engineering report?
Each report features thorough failure-mode analyses, moisture/mold mapping, code-compliance assessments, corrective design recommendations, and exhibit-quality diagrams—backed by decades engineering judgment.
How long does a typical IAQ or system investigation take?
Based on project size and complexity, on-site inspections generally require 1–3 days before drafting the detailed, accuracy-checked report.
Can Don Bailey support mediation and arbitration proceedings?
Absolutely. His unbiased, precise testimony and neutral technical presentations—honed over nearly five decades—are custom-crafted for effective mediation and arbitration panel hearings.
