Hi, all. I was referred here by someone who thinks this is an exceptionally informed group that can offer more than he can. I am suing two contractors. My home is a mess. The expert my lawyer used wrote a very poor and incomplete analysis of the problems in my home addition. (The lawyer is another issue.) My lawyer is going to uses TASA but it is merely a referral service and it would be nice to have someone from a personal recommendation. I need someone who has experience testifying not just analyzing the situation. Is anyone familiar with a reliable firm or contractor who does this on a regular basis? I am in the greater Los Angeles, CA area.
This is my sob story: The addition was a handicapped bathroom for my disabled father, 9 feet on the end of the house which also enlarged the master bedroom and bath…I am a widow so I was pretty naive. The first contractor did not get the foundation level…used 2X2s instead of 2x4s…stuff like that. The city inspector passed it all off so I had no idea anything was wrong until the drywall went up and it was out of plumb. In the meantime, I had an interior designer to help me pick out tile, etc….she investigated him and found out his license had lapsed. She then tells me she has a contractor’s license and no one else will take on the liability for the first guy but she feels like she is my friend now…has subs….yada yada. Meanwhile, my father dies and she has me signed up with a contract before the funeral. I paid an engineer and two inspectors to find the problems so I thought I was covered. Only she didn’t fix everything…she build on top of a lot of it. My dad’s floor slopes 1 1/2″ , walls are not plumb and the rest of the work has been uniformly judged to be substandard. I didn’t figure out I was being had until I finally demanded she break down costs and she refused, telling me to get someone else to finish if I didn’t trust her. She had been charging me over twice what any contractor I have talked to would have charged for custom work. I guess she can legally charge dumb people whatever she wants but that does not get her out of her double billings, embedded charges and lousy work. Nine months and $200,000 and not one thing is completed. She walked out of an informal mediation I set up with a lawyer when she refused to fix her messes before quitting so I sued. ( I am suing her for fraud, not just breach of contract and she was unsuccessful in removing that cause of action at the last hearing. The first contractor did not respond and the judge refused to reinstate him. He cannot fight back now but she did most of the damage. They are now suing each other claiming the other guy did it.)
I hope this question is not out of place here. I got into this mess by not asking questions and I’m open to any education offered. I don’t want to rely soley on advice from people I am paying or well meaning friends. I will also be taking another look at my lawyer although it is a bit late to be jumping ship which is why I’m hoping someone experience and unbiased can help me fill in missing pieces so I can start making some better decisions.
Replies
Have you considered a licensed home inspector? I would call a large realty firm and ask them who they would recommend ... tell them you want the most detailed obnoxious inspector available.
"When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it." T. Roosevelt
Sponds like a job for Bob W. excep he ain't really obnoxious, just very concise.
Spheramid Enterprises Architectural Woodworks
like a job for Bob W. excep he
Dunno, LA has to be nicer this time of year than up the Ohio valley catching the tail end of lake-effect snows . . .
He ought to have some testifying experience, too.
Or at least be up to speed on form and formulation for finding of fact and all that.Occupational hazard of my occupation not being around (sorry Bubba)
Actually---- I think bob lives in a part of ohio pretty far away from any lake effect snow------- like the other side of the state
Stephen
pretty far away from any lake effect snow------- like the other side of the state
I'm as close to L-E Snow as I want to be--I had enough in Olean, NY.
Still seems too close by half (too many here can identify & name a snowshovel . . . )Occupational hazard of my occupation not being around (sorry Bubba)
I second FastEddie's answer. It's not uncommon for Home Inspectors to add expert testimony to a lawsuit. Check ASHI.com, they have a referal system on their site.Joe
I would suggest maybe a retired contractor or building inspector. Alot of folks working in the business are reluctant to get involved in this type of thing. It can eat up alot of valuable time, damage reputations, and it's close to a no-win situation for the guy who testifies. It's too bad, because this type of person gives us all a bad name.
i was a construction managment minor at the University of Southern California when i was there. THe director of that program, Hank Koffman, did expert witness work every now and then. I'm sure if you contacted him, he would talk to you.
http://www.cpmiteam.com/Pages/CPMI_Core.html
I interned there about 6 years ago. I don't know if they limit the size of the projects they accept but it wouldn't hurt to call and ask.
I'm glad you are taking action.
The thing that strikes me is that your attorney should have someone like this in his back pocket, someone hard-hitting and qualified. If your attorney does not, I would find one who does. I've hired maybe 10 attorneys in my life. Many of them are generalists, and there are times when that's fine but other times when a specialist is much better and more expensive. If you do a little bit of research in the Yellow Pages you will find firms that specialize in construction defect law and may be willing and able to help.
Other options would be to contact the local chapter of the bar association and ask for a referral, and/or contact the contractor's state license board and ask whether they have referrals for you, in addition to other programs they might have.
Take a ride down to the local law library and look through the ads at the back of several law journals. I think you will be suprised at the numebr of "experts" available for testimony. Make sure to voi dire them yourself to see that tghere are not obvious things lacking (like never having done any construction, not knowing waht a stud is, familiarity with the local building code, etc)
Home inspectors are out. This is a little out of their league.
Contractors are out. Contractors arguing with one another have no crediability in court. Judges see too many of them on both sides of any construction claim.
My advice would be to find yourself an architect that you can be comfortable with. Preferably, a retired residential designer. Have him or her do a full audit of the house with a complete list of faults and omissions (deficiencies) with an estimate of both the value of the work completed and the cost to make it right. Quantum Merit.
Have him or her write a layman's report, remember the judge is no expert either so keep it simple and short.
Gabe
Home inspectors are out. This is a little out of their league.
Not necessarily, it depends on the state's requirements and the standard of practice for home inspectors in California. Around the Chicago area, I know of several inspectors that would be perfect for this task based on their construction backgrounds. They also have extensive experience in the court room.
Home inspecting is not a profession, it's a hobby that too many people take seriously.
Gabe
I agree with JMadson. Someone who has only taken an online or correspondence course in home inspecting may not be qualified. (Notice I said "may" not be. I'm sure there are correspondence-course graduates who are excellent, but some real-world construction experience would be very handy in this situation, and would lend far more credibility to Juliann's case.) Around here, many home inspectors are retired g.c.'s...Juliann - I'm assuming this will be decided only by a judge/arbitrator? (no jury involved?)Your ideal candidate for an expert witness would look something like this:
- credentialed and with established authority (degrees in construction technology, architecture, etc., published in trade magazines, book author, etc.)
- experienced in expert-witnessing (but careful here, because the respondent's attorney will no doubt be waiting to trot out the line that goes something like this, "Isn't it true that you have a long history of just saying what you get paid to say?")
- male (not to be sexist at all, but men have more construction "street-cred" than women, right or not)
- older (you want someone with the look and air of experience)
- still currently involved somehow in the trades (retired is ok, but if it's been 20 years since they've picked up a hammer, the defense can attack credibility on the grounds that they're no longer in touch with current methods/materials/practices/etc.)
- independent (prefer someone who has argued for plaintiff and respondent rather than someone consistently on one side - again, goes to credibility; and can't be related (former employer, family member, etc. - goes to credibility/conflict of interest))
- personable (the judge/jury needs to be able to like this person and connect with them)
- clear and concise (you want someone who can state what is and what isn't (or what is and what should be!) with clarity and authority; not long-winded explanations and rabbit trails; the judge/jury needs to be able to understand what they're saying)
- grounded in theory and practice (in other words, you want someone who can take a technique and explain why it is better/worse than another; you also want someone who can take a theory and explain how to make it happen)Hope this helps - good luck, Juliann, and please let us know how things turn out!
Edited 2/27/2006 8:18 pm by torn
Someone like Bob Walker would be good for this case. He has a background of hundreds of inspoections
He is a retired lawyer so he speaks the lingo
He has an education that would add some weight to his inspections experience.
He likes to travel
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I suggest who ever you get have a degree in construction. They will be cross examined and opposing wont like what they are gonna hear so it will be about credibility.
Go getum.
Tim
Wow...you guys are everything I was told you would be. I am taking notes and taking down names...I am reading things that would not have occured to me. As for the lawyer, I am very bothered that he does not have an extra expert. However, he has been won every skirmish so far...I do have another lawyer that I can move on to if my sensors continue to go off on this one.
The contractor gets to do her site inspection at my home on Wed. I will then see what she has come up with for an expert.
Thank you so very, very, very much.
You should have your lawyer, or expert, or at least a witness present on Wed
Good luck.
Eric[email protected]
It's Never Too Late To Become What You Might Have Been
Dear Construction Elves,
How does this guy look as an expert? The name was given to me by an attorney I interviewed...the most impressive so far...and the most expensive. The attorney expressed concern about plaintiffs who go after "a pound of flesh" despite cost and sits on arbitration panels... so he seemed to have good balance in his approach. Is this attorney on the right track with this?
http://www.expertwitness.com/prof/expert/witness/MCCARTHY298.htm
One more question that I've had lurking in the back of my mind....if a reputable licensed contractor fixed the place, had good documentation....why would that not be a valid assessment of cost? At some point a real live person is going to have to do real life work. And the real cost is the money I have to actually put in some contractor's hand. Does this never enter in?
More about Bo. Give him a call. He's in Montebello.
Seems to have lot's of "Expert Witness" exp-eerie-once.
Ms. Julian,
As a spectator I can't help but admire your wit and the curiously entertaining battle you're waging. This is like the Coliseum--slowly feeding overconfident [add professional of choice here] to [in my best boxing announcer voice] Ms. J....U.....L....L....I.....A......N.
*big grin*
The gladiator dejure, Mr. McCarthy, sounds quite bonified. His record is impressive by annually completing over 192 projects on average, "...ranging from residential to light commercial structures." Wowie, he's been busy. He finishes projects faster than I change britches. Instead of arbitration, hire him to finish your house! In the time it takes to read this he could have put a good dent in things. *chuckle*
Best wishes,
one of the elves
Juliann -
I personally think your new expert may or may not fly depending on the ability of the cross-examining attorney. I smell a hired gun who does this for the money.
His experience is so broad as to be near BS. AAA certification is no great shakes. Many times it represents someone who has enough time and money to continually attend the seminars that the AAA requires.
By all means, interview him. Ask about cases he has testified in - names, results, attorneys he worked for. Look for losers and winners. Ask him how many he has won and lost. (He will say he didn't lose any. Any mistakes, he blames the lawyer.) Then check with the lawyers that he worked with. Ask him how much of his income comes from his expert testimony and how much from working for the construction co, and for AAA. The defendant's attorney will if you don't.
I was involved with a case several years ago where the other side had an expert that was similarly "qualified" on paper. There was so much BS in the courtroom that you couldn't walk from one end to the other. The jury knew it and threw the case out. Since I represented the defendant, that was a good thing. <G> Juries can be amazingly perceptive.
Don K.
EJG Homes Renovations - New Construction - Rentals
Boy, am I going to interview.
I talked to three attorneys today and have more of them to interview. This is my favorite so far: http://www.wrslawyers.com/content/?pg=det&ID=11
He is the one who recommended McCarthy but he said he had more names if I was not happy with this guy. I got more information from him in a 15 minute phone call than I have from my former attorney (oh, I'm beginning to enjoy the sound of that phrase) in months. Another attorney I emailed said he did not do work for plaintiffs and gave me a name but the expert doesn't have a website.
Trout, I'm only fun to mess with when I'm uninformed and trusting. And ....I'm female so I'm spectacularly skilled at paybacks ;-)
Juliann, Good luck and sorry for your lose. I am a contractor and just sued a home owner for failure to make final payment. At the time of completion and final payment. The homeowner was like "I'm out of money". "youll have to wait" I said to him " why did'nt you tell me this 2 weeks ago. We would have not finished and went to another job.(keep cash flow coming). Keep in mind we are a small company and do only refferal work from a nice bunch of customers(they would say the same). I did not feel comfortable in the begining I should have walked! I allways talk to the wife about possible clients and she said "you may want to walk from this one" I did not listen!!! Any way, we go to court, I have 26 of my previous clients show up to speek for me ( I never spoke to them before this) they all spoke to the judge for a minute or two) I was like I guess i'm getting paid today. NOPE judge only awards me 2/3's of the payment (6 not 9 grand)so whatever you do expect not to get the full amount (go high on your estimates!!!
good luck,LMC
I keep my final payments low now!!!
Contact Jim DaPra or Mike Daniels. You can get to them through their website contact page. Here's the link
I worked with them on a big litigation project in Woodland Hills. They can give you the name of the attorney and the professional experts involved. Very good at what they do, not cheap 'tho.
"he...never charged nothing for his preaching, and it was worth it, too" - Mark Twain
Inspector not inspecting. Contractor not contracting. Contractor 2 not contracting. Lawyer not lawyering. Expert witness not witnessing. Who is next to fail nexting.
A trend indeed I see, I see.
Inspector not inspecting. Contractor not contracting. Contractor 2 not contracting. Lawyer not lawyering. Expert witness not witnessing.
At least BT posters are posting. I hope she gets the help she needs.
With a 10' pole, none of it I would touch.
Or I'd surely become the next nincompoop, ever so much.
My thoughts seem to be your thoughts.Were I in California, I would want to know where this is so I could stay as far away as possible.
Rudeness is the weak man's imitation of strength. ~~ Eric Hoffer
Luka,
sign me up with you and Trout.
actually---the last 6 months or so I have got quite a few calls from lawyers via a FHB Article I had last summer----wanting me to be an expert witness in one foul-up after an-other
why on earth would anybody be even remotely interested in getting involved in something like that---there is just no upside----just a huge, P.I.T.A downside.
Stephen
That's about 3/4 of my reasoning. Even in a reasonably stable situation, that would be true.The other 1/4 is the fact that everyone the OP works with, seems to eventually become the enemy. Incompetant. Fraudulent. Etc...I would have to wonder how much time would pass before I became the next enemy.
Rudeness is the weak man's imitation of strength. ~~ Eric Hoffer
FUBAR
Hello Juliann-
I handled construction litigation in NY for the best part of 15 years as an attorney. I've moved on now (and I'm not coming to California to testify!).
As far as an expert, the advice that you have gotten from Torn is pretty much the best summary, but if your lawyer is a trial lawyer, he knows that stuff already. (I would only disagree with the non-jury trial. I would use a jury and play it up since you were the unsuspecting homeowner.)
My experience was that if a real issue of expertise was involved - like structural engineering - you needed a comparable expert in that field, by law, to prove there was a deviation from the standard of care. On a general claim like this, I think you could use a contractor, an architect, maybe a professor. My preference would be a contractor or an architect. I would be reluctant to use a home inspector unless they have a current construction background. The reason is that I would want the same expert to testify about the cost to do the repairs. Otherwise you need another expert. By the way, I have used subsequent contractors from a project (the 3rd one in your case), and it helps if they can bring in pictures of some of what they had to change. (You may have to allow the inspector to open up the walls too. At your site inspection, try to talk to your lawyer - not hers.)
As far as TASA, I have had very mixed results with them. Many of their experts are expensive - don't forget you are paying TASA too - and the quality varies greatly. As far as your lawyer not having an extra expert in his pocket, that doesn't really mean much. If he's in court regularly, he's probably handling a variety of trials and you need a particular person for each type of case. Construction litigation is a very small niche. In Metropolitan NY, there were basically only 4 or 5 firms that specialized in it. Likewise, 95% of cases settle before trials, so you just don't have that type of expert sitting there waiting. You might suggest that your lawyer consider contacting the local chapter of the AIA, or one of the contractor orgs. - like the National ?Association of Home Builders. It sounds like he has done his homework so far.
Goon luck.
Don K.
EJG Homes Renovations - New Construction - Renovations
Your story is, unfortunately, not as unusual as it should be. I'm an attorney specializing in litigation (but not primarily construction litigation). I think DonK (message 24 in this thread) is pretty much right on. In my experience, TASA is essentially a yellow pages for whoever wants to pony up the $$ to be on their referral list. I have looked at their referrals as potential experts but have, for various reasons, always selected someone else. I'm not saying their people are bad, they have just never been the right person for my needs. YMMV.
Retaining an expert is many times the toughest part of a case. They are often crucial to the case and the "right" one often needs an eclectic mix of talents that is hard to find. Not only do they need to have the correct technical skills and education, they need to be a good witness -- and that combination is not an easy thing to find. That's the reason it's not unusual that a lawyer doesn't have someone "in his pocket" for every case. I sometimes interview as many as 10 folks looking for the right expert for any particular case. In your case, you will need someone who can testify credibly and convincingly about how the job should have been built (and why) vs. how it was actually constructed, why this is a problem, and how much it would reasonably cost to put right. I'd think an architect would be the type of person who could do this best since they would have the skills and training in all these areas.
As DonK said, construction litigation is a true specialty. While you probably don't need someone who specializes in construction litigation for this type of dispute (it's "only" residential and doesn't seem to involve any esoteric issues), you might ask your lawyer to contact a construction law specialist for recommendations for an expert -- and maybe even for some consultation and pointers in how to try the case. It wouldn't cost much, if anything, and it may actually end up saving you a lot of time and money in the long run.
That said, one thing I have learned as a litigator is that the cure is often as bad (or worse) than the disease. You may be in for a long, time-consuming, frustrating and expensive ordeal just to try to get back to where you started with no guaranty that you will be successful. My advice to clients in these types of situations is to try to keep a non-emotional outlook on the problem. At the end of the day, it's essentially a business decision of risk analysis -- how much will it cost to pursue the case vs. what is the likelihood of an outcome that will net more than the cost. It rarely benefits anyone but the lawyers when clients forget this and pursue matters solely "on principle". Best of luck in pursuing this problem.
Mike Hennessy
Pittsburgh, PA
Thank you all. I am already taking the advice to heart and I have a full day on Friday to make contact with referrals. And thank you lawyers for giving me your two cents...that is very reassuring news about my attorney. He has done a good job in smacking down their motions.
LMC, I am so aware of how these things can settle out in court and I have heard just as many stories from good contractors about being taken by the homeowner. I am so disgusted with people who purposely cheat others for a little financial gain. By the end, she was pretty much only there when she presented me a bill saying "I need a payment" and she would stand there until I wrote the check. I didn't make the last payment and thought I had leverage to get the job finished but she owed me money for a wood floor and shutters that she had not even started and she kept that to pay herself off and call us "even".
If this goes to trial it will be a jury. My philosophy is, prepare for trial and hope for settlement. My biggest club is probably the fraud which carries unlimited punitive. What worries me, however, is this lady was so greedy that she refused to fix the sprinkers the stucco guys snapped off because "they weren't checked out before they started to see if they were operational". Once I was aware I was in trouble, this broke down over a $60 sprinkler cost. Had she just put the place back together in some fashion I would not have figured out 9/10th of what was wrong before it was too late. To date, she has not admitted any responsibility for even the most outrageous work. My other advantage is the first contractor defaulting and losing his motion for reinstatement...which leaves him sitting bound and gagged as I sue him. Separating out who is responsible for what will be difficult, however.
The first thing I did was get a highly recommended private investigator to see if they were worth suing. They both have homes with equity. The PI offered to package a criminal case and present it to the DA with a big bow on top. If this does not look like it is worthwhile pursuing financially or emotionally, I will pay him to do that. I will always give people a chance to put things right even if it costs me money. I will just have a to work a few more years before retiring. It won't kill me. But if she continues to lie or tell me she only did what I wanted, I just might do that and sue her. (When she realized she had an abandonment issue she came back and told me to my face that she didnt' quit...I had fired her. That is what I am dealing with.)
I am amazed there are resources like this....I don't know how many more ways I can say thank you. If only I had found you guys first!
Good Luck Juliann, let me know how it turns out
-LMC
As The Contracting Turns....
The site inspection is over. Contractor Connie brought in about 5 guys who worked on the house and one "inspector" kinda guy that seemed to be a contractor (tool belt and all). Given the information that you guys have put forth, I think she will have the problems with this team that you have warned me about if this goes to trial. Contractor Keith (the first contractor) had one guy in a suit there and no attorney.
I will be getting a new lawyer. He was 45 min late, leaving me with these people coming to my door and hanging out in the front yard. He was combative when I let him know how angry I was that he didn't even call me. He said it didn't matter and if I didnt' trust him I should get a new lawyer. I said okey dokey! (a validation of those red flags that have started to pop up...don't have to agonize over that decision anymore).
As with everyone, the inspection team was floored when they saw the list of problems. They had no idea it was that extensive (part of the humor for me is that the contractor doesn't know her own job). It turned into a re-negotiation of should they come back, would I walk them through it.....I have no idea what was the best thing to do. My attorney advised walking them through and getting it over with. But I wasn't feeling real good about him and I still don't know what I should have done. In the hopes that they could be kept from coming back if we could give them a reasonable look around...I pointed everything out. I have no confidence in my lawyer now, obviously,...I could have said stuff that will come back and bite me....but I kept thinking that if they have had their one bite of the apple and I got them through the house ...she is going to be stuck with that team she put together and I'm going to be coming in with what you guys have recommended. Plus, it is always good to put human faces on these situations..it keeps emotions down and hopefully now that everyone has seen this isn't some cranky lady who doesn't like the color of the paint they might be able to convince her to take care of her mess and get herself out while the getting is good. This is only half the picture with her, however. There are still the billings and the fraudulent representations. From reading you guys, I think the experts are going to be the most important piece....either for trial or for making sure that everything is accounted for if there is a settlement. (For those who asked if I am aware of costs of trials, yes...I am not as naive about that as I am hiring people and it will be a business decision.)
Trout, I'm still laughing over your assessment:
Inspector not inspecting. Contractor not contracting. Contractor 2 not contracting. Lawyer not lawyering. Expert witness not witnessing. Who is next to fail nexting.
A trend indeed I see, I see.
But as the wise man said.....At least BT posters are posting!
I really am not a person who has a black cloud hanging over her head.....I've always thought of myself as being blessed....I can't believe it is even possible to run into this many dysfunctional people let alone hire them. Good Lord.
In addition to the credentials the others mentioned, your expert should be able to perform as a teacher. Under the direction of the lawyer, it is the expert's job to teach the jury, his job to keep their interest, his job to sound credible, and his job to be more believable than the expert hired by the other side. Many good experts in fact have teaching or public speaking experience. All of the construction experience in the world won't help if the expert cannot communicate, appear credible, and think on his feet.
Your expert will need to be able to testify (1) about the poor construction, and (2) about the damages (such as the cost to repair what is there and/or finish the job correctly). Sometimes two experts are used but it would be good if you can use the same expert for both tasks. You might need experts for other purposes such as code compliance, if the codes in question are vague with respect to your project...
Don't go hire a lawyer the way you hired a new contractor -- instead interview several lawyers, ask for references in construction cases, ask them if they have established contacts with construction experts, etc. Ask the lawyers how they would approach this case. Obviously your goal is to make the other side pay up with minimum legal fees for you. There are many strategies for accomplishing this goal.
Don't forget -- very few cases are open and shut, and you likely have some holes on your side. How long have you known about the problems, you noticed problems and allowed them to continue the work, did you really allow them to fix their mistakes, etc. You need someone who understands your local laws and how they are applied...
Good luck.
Billy
Hey Julian, Can you post some pictures of the mess. It would have been nice if you could have gotten some advice here when you were picking a contractor. Ive been in this business for 20 years and thought I new it all, Until i joined this site. I ask questions and receive great advice. well good luck again
-Lou
Lou, I will do that. I have the computer capability for pictures and a digital camera. I will just have to get someone to show me how to do it.
Billy, I am certainly going to have to deal with what I call my STOOPID factor if this goes to trial. What she did was make me pay to redo bad work so I quickly learned to pick my battles once something was done. I believed her story that she was the only hope I had to get the house repaired so I thought I just had to make the best of it and be thankful for what I could get. For example, she ordered the wrong color floor tile. She sent it back. When the new tile came in she just had them install it (she wasn't checking on things much at all). It was the same stuff according to the tile guy. She insisted it was what I had told her to get. (Seeing as she was acting as my designer when we picked out tile before she was hired as a contractor she may have some additional ethical issues). My problem was I would come home from work to find these joyful things. So I had gray floor tile in a room with tan and blue wall tile. My daughter was 17 and still asked me if her clothes matched. She walked in the bathroom and blurted, "Mom, that tile doesn't match". That did it. I finally gave up arguing with her and said I'd pay to put the right stuff in. Miraculously, the original color showed up the third time around. Unless she is doctoring invoices they should show what the tile guy said...she sent back tile and ordered the same thing again.
Her favorite stall tactic was "oh, we will take care of that when so and so comes back to do such and such." I did make her give me a completion schedule so I would know when they were coming and what they would be doing so I wouldn't be surprised by things like a junior high shop project composition wood "custom" closet that I was told would be wire shelving and drawers. She did a second schedule when she didn't meet that first schedule. She didn't complete work on those dates, either. Meanwhile, I was rearranging work schedules so I could be home to prevent this kind of thing.... and they still were showing up at erratic times....if at all.
Her contract said "A final evaluation will be provided to evaluate compliance, and answer any questions. Any repair or maintenance issues will be reviewed at this time." Well, she bailed before that evaluation....with the money I had paid her for projects she hadn't started.
I wanted to say that in spite of the things you have suffered through this job, it is a blessing to read the good attitude you have.There is sometimes a belief in people in you shoes who would assume that we contractors all side with one another to defend the walls, so to speak.Nothing is farther from the truth. Itr is good for our industry to expose and even crucify the faux contractors out there who fail to adequately serve their clients. There are too many of that sort in the world. Thank you for keeping a rational attitude and may things go well for you.
Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!
" I'd think an architect would be the type of person who could do this best since they would have the skills and training in all these areas."
That crossed my mind . They are stress , strain oriented. Some what code oriented which she relied on in the first place.
This is a addition which is building . Much the same as new building .
Ive been an expert witness. holding a state contractors lisense and also a past building inspector. Ill have to say I was a current inspector at the time and it was code related .
Still with those credentials the only thing their lawyer could do was question who I was to think I should be there testifying. Credibility was the cross and it was hard . I wasnt allowed to stay in the court room either time so I dont know how it went exactly. A witness always wonders . I was paid and sent on my way.
Seems the lawyers biggest point is that I didnt have a construction degree along with the experience which to him wasnt adequate. Of course he was getting paid to discredit me so who knows .
Ive been involved in 5 cases total. Ill have to say with ou t disrespect that the lawyers on both sides needed breifing in detail about construction. They simply didnt know how to ask the right questions for they had no knowledge which is understandable . I agree the right witness is critical in able to lead the people through the facts. I was once allowed to do just that.
Tim
Dick Seibert who hangs out over on JLC is a now semi-retired Contractor who's background was in Law and to the best of my knowledge still works at times as an expert witness. While he's based in the SF Bay area he may very well know of someone closer to you. He even uses the email address of [email protected] to denote his expert witness side.
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Edited 2/28/2006 6:04 pm ET by JerraldHayes
I can understand you wish to "get back" and hold these "people" accountable. Correct me if I'm wrong, but do you have an idea on the final cost to finish the legal case?
From what I have read so far you are doing all the paying. You might just end up with a lein against them and unable to collect (many will tell of uncollectable leins or judgements) Maybe the property is in joint names and untouchable, we hear of everything in the "living in" partners name.
Perhaps finding a "real and honest contractor" to fix and finish might be far less stressful. You have the reports to work from so it should follow the correct methods of finishing.
Don't get me wrong, I do hope this works out for you, but it can take a very long time as they are many delaying tactics to be used!!
bump
Edited 3/2/2006 11:17 pm ET by razzman
I think Bob has crossed over....
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rjw
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Member Since: 3/20/2002
Posts: 19144
Last Visit: Feb-25
I hope I'm wrong -
"there's enough for everyone"
I think Bob has crossed over....
You don't mean ... it can't be ... he's a conservative?
"When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it." T. Roosevelt
Juliann-
Couple thoughts -
If you are still looking for a lawyer that handles construction cases, try contacting the local Bar Associations, ask if they have any committees, in particular a construction law committee. In NY, we have had them, and the members typically had an interest and/or experience in that field.
Also consider talking to an insurance broker that sells professional liability insurance for architects. If you get to a big brokerage house, they can tell you who the insurers use for counsel after the fact, when the suits start. Then, contact the lawyers.
We also have a Jury Verdict Reporter here, which is essentially a small subscription paper that keeps track of all the jury verdicts in the area. It lists the parties, the attorneys, experts, and other details of the trial. If there is anything like that in your area, you can look through for construction cases, then try the lawyers/experts from that case to see if they meet your needs.
You will likely find some reluctance on the part of some firms to step in because of the prior history here, so start early.
Don K.
EJG Homes Renovations - New Construction - Rentals
Eddie & Andy -
the neo-hen posse got him locked out of the tav for two weeks - he came back, and then a few days later 'poof' he's gone -
anyone remember if you get two strikes or three?
"there's enough for everyone"
What did he do to get locked out?
"When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it." T. Roosevelt
ROAR
I too was thinking that a bit back but he did pop in so unless they have puters in the big beyond.....If Blodgett says Tipi Tipi Tipi, it must be so!