I've been requested to appear as an expert witness

[kfonoimoana]

I just received a request from an attorney to appear in court as an expert witness in a code compliance issue. The compensation is good. The issue I have is since we as HIs do not perform code checks, can we act in the capacity of an expert witness in a compliance issue?
I have less than 24 hours to accept request.
If there are any HIs out there who have accepted this type of work, your comments/advice are welcome.

[Michael Larson]

I wouldn't unless you have some ICC certs.

[kfonoimoana]

That sounds like good advice.

[Roy D. Cooke, Sr]

Originally Posted by mlarson

I wouldn't unless you have some ICC certs.

I agree they would just love to get you on the stand and tear you apart.

Roy Cooke

[kfonoimoana]

Originally Posted by rcooke

I agree they would just love to get you on the stand and tear you apart.

Roy Cooke

Roy, That's what I'm afraid of. I do not want to get in over my expertise level. I would be required to view submitted plans and make references to code compliance of work that has been done. I have been asked to inspect the property and document any visual code violations. Produce report. Testify in court.

Anyone else?

[rmccullough]

Not for CODE. You'll have to KNOW and QUOTE it for what ever period they may be looking at. Covers one heck of a time range. Do you drive a semi with a 56 ft trailer around to carry all the Code Books with you. That is why I NEVER quote CODE. Any Jurisdiction can adopt any part of it and or change it at will.

Tell them you have to weight the bread at your local grocery that day and you'll be to busy.

I would concur with the majority here. NO NO NO NO ,,

[kfonoimoana]

It sounds like a majority decision. I just want to add that this is a $2000+ gig that someone else will do. I have to agree though with all who've replied-but I am tempted. Also, I am a NACHI member and do not know why this board says I'm not. But that's a different issue.

[bandag]

It may cost you more than $2000k to defend yourself on something you said (or didn't say) on the stand. So again the answer is Don't do it!! Are there any code officials in that township??

[Larry D. Kage]

Originally Posted by K Fonoimoana

Also, I am a NACHI member and do not know why this board says I'm not. But that's a different issue.

Sending a note to fastreply@nachi.org may help.

[whandley]

Originally Posted by K Fonoimoana

I just received a request from an attorney to appear in court as an expert witness in a code compliance issue. The compensation is good. The issue I have is since we as HIs do not perform code checks, can we act in the capacity of an expert witness in a compliance issue?
I have less than 24 hours to accept request.
If there are any HIs out there who have accepted this type of work, your comments/advice are welcome.

It's not your clients attorney you have to worry about. If you don't bring your "A" game with regard to building code knowledge, experience, education and certifications the opposing council will eat you for lunch....

[Richard L. Bennett]

I am going to the "yes" answer

rlb

[Joseph Hagarty, CMI]

Originally Posted by K Fonoimoana

Roy, That's what I'm afraid of. I do not want to get in over my expertise level. I would be required to view submitted plans and make references to code compliance of work that has been done. I have been asked to inspect the property and document any visual code violations. Produce report. Testify in court.

Anyone else?

What is the extent of your Construction background?

Your Website suggests that you are qualified to "Enter your Appearance" as a Legal Expert....

- A certified and qualified inspector
- Experienced with 25 + years in the building industry
- A proud member of the National Association of Certified Home Inspectors

[Frank M. Carrio, CMI]

Originally Posted by K Fonoimoana

I just received a request from an attorney to appear in court as an expert witness in a code compliance issue.
If you are not a code compliance inspector then the answer is a resounding no!
The compensation is good.
Money should never enter into this discussion. If you are not qualified to perform this function you might get paid $2,000.00 and lose up to $12,000 trying to defend yourself.

The issue I have is since we as HIs do not perform code checks, can we act in the capacity of an expert witness in a compliance issue?
If you are a Certified Code Compliance Inspector with years of experience than the answer would be yes.
>In your case it seems the obvious answer is no!<
I have less than 24 hours to accept request.
If there are any HIs out there who have accepted this type of work, your comments/advice are welcome.

It takes years of training to get to this point. I would suggest that you start with getting your ICC certifications.

>Then take a course on how to be a "expert witness".<

Just because you're a code compliance inspector does not mean that you would be a good expert witness they are separate and distinct.

If you are not a code compliance inspector then all the more reason to stay away from the court room.


What ever you decide I wish you all the luck in the world

[kfonoimoana]

I notified the requesting attorney to look elsewhere for a witness. I think an active GC would be better suited for this duty. As for my building experience, 25+ years -footing to finish and everything in between. Thanks to all who've responded. This board has been very helpful. As one of my primary business goals has been to stay out of court by providing a superior product (inspection and report), I felt contradicted by the request. As far as classes or ICC training, that would be beneficial-but hard to do from the 50th state.

[Joseph Hagarty, CMI]

Originally Posted by fcarrio

It takes years of training to get to this point. I would suggest that you start with getting your ICC certifications.

>Then take a course on how to be a "expert witness".<

Just because you're a code compliance inspector does not mean that you would be a good expert witness they are separate and distinct.

If you are not a code compliance inspector then all the more reason to stay away from the court room.


What ever you decide I wish you all the luck in the world

It takes Years of Training to report on Code Compliance but merely Hours to become a "Mold is Gold" Inspector.

Kent,

Let your conscience be your guide.

The fact that you asked the question indicates that you possessed a level of uncomfortably. The time will come where you will be able to accept the request without hesitation.