Joyce Associates, Inc.
Mining Engineering Experts
Vince Joyce, P.E.
540-989-5727

vinjoyce@verizon.net

OVERVIEW

Joyce Associates is an engineering consulting company that provides a broad range of services to the mining industry, including investigative and expert witness services for both the plaintiff and the defense. We have been providing these services since 1980. We have hands-on mining experience, having worked in mine production, management, and engineering.

Our clients include, but are not limited to:
Law Firms
Department of Justice
State Attorneys General
Banks
Coal Companies
National Park Service
Foreign Companies
Landowners
Insurance Companies
Public Utility Commissions
Public Interest Advocates
Internal Revenue Service
Equipment Manufacturers
Mining Companies

We have been retained to investigate and/or provide expert witness testimony in several hundred accident and injury cases. We have testified for both the defense and the plaintiff. The type of accidents and fatalities that we investigated in surface and underground mines as well as construction involved:

Heavy surface equipment — large haulage trucks, bulldozers, front-end loaders, graders, drills
Underground equipment — continuous miners, longwall, shuttle cars, roof drills, power systems
Rail cars, conveyor belts, underground roof falls, secondary mining, mine highwall failure, blasting
Mine Trespassing Accidents — drowning, automobile, motorcycle
Mine construction, road design & construction, electrical, preparation plants, refuse piles, sand and gravel pits, shaft sinking, mine explosions, blasting accidents, blasting damage

In evaluating accidents, we perform an extensive investigation of health and safety procedures in use at the time of the accident and compliance with federal, state, and local regulations as well as standard industry practice.

Also, we have been retained to analyze, investigate, and provide litigation support and/or expert witness testimony in several cases involving:

Lease disputes
Contract disputes
Estate valuation proceedings

We have participated in drafting numerous agreements such as coal leases and various types of mining agreements. We have reviewed hundreds of contracts including:

Coal contracts
Coal leases
Construction contracts
Agreements — management, contract mining, confidentiality, buyout, employment and equipment leasing

Many of these agreements were reviewed in (1) acquiring and evaluating coal companies and joint ventures and (2) analyzing the agreements for litigation purposes.

Joyce Associates has advised major banks on the status of mining equipment, patents, trademarks, and coal inventories taken as security for loans. We have appraised mining equipment and determined its fair market value. In addition, we have determined the value of coal companies and estimated the value and quantity of coal reserves. On several occasions, we have assisted counsel in litigation relative to the fraudulent promotion of investments in coal mines.

We have evaluated hundreds of coal companies, mining properties, and equipment companies. We have extensive experience in evaluating coal companies for acquisition and/or joint venture. An essential part of coal property valuation expertise is knowledge of the markets for coal. Joyce Associates’ personnel have marketed coal. We have reviewed and analyzed the coal procurement policies, practices, and procedures of 14 electric utilities, which in total, purchase about 100 million tons of coal each year. Some of these utilities are among the largest in the country. We are unique in that we developed in-house our own propriety computer program that details all of the coal prices paid by all the electric utilities in the United States. We have advised companies setting up new markets and new operations in foreign countries.

Our Company manages about 14,000 acres of land located in West Virginia, Kentucky, and Virginia. In the past, these lands produced approximately 3,500,000 tons of coal per year from surface and underground mines. Periodically, we inspect and evaluate mining and processing operations on our clients’ lands to ensure that the lands are mined in compliance with lease terms. For several years, we had complete management responsibilities including marketing the coal for a small coal company in West Virginia while the owners were in the process of trying to sell the company.

Joyce Associates has conducted numerous mining-related litigation investigations and provided extensive litigation services for the Internal Revenue Service and/or the U.S. Department of Justice. In some of these investigations, we evaluated coal properties located throughout the United States. We have reported on the economic viability of business ventures, analyzed the reasonableness of mine development costs, advance royalty payments, production and transportation costs, and appraised coal deposits. I have testified in five Federal Tax Court cases. In several other cases, we advised them on various litigation matters.

In deciding whether a transaction lacked economic substance, Judge Williams, in Sammy Davis, Jr., vs. Commissioner [Dec 46,146(M)], 58 T.C. Memo, 607 (1989) at 657, considered the expert testimony and report of Joyce Associates. Because the Joyce Associates report thoroughly and convincingly analyzed the economic validity of all the components of a limited partnership, the Court opined: ". . . we rely extensively on that report and adopt the findings."

In the largest single tax deficiency proceeding for a private taxpayer (Lamar Hunt, et al. v. Commissioner, Docket Nos. 10140-88, 10141-88, 10142.88), respondent selected Joyce Associates as the lead coal expert witness.

In summary, we have extensive experience in litigation relating to mining engineering, safety, and construction. If you wish to discuss a particular project or litigation matter, or need additional information, contact Vince Joyce at (540) 989-5727 or via email at vinjoyce@verizon.net