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General Inspection Discussion This is a place for general discussion about the home inspection industry. Try to keep the posts topical, but they need not be as specific as the other areas of this board.

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  #16  
Old 4/16/07, 3:23 AM
kfonoimoana's Avatar
kfonoimoana kfonoimoana is offline
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Default Re: I've been requested to appear as an expert witness

Quote:
Originally Posted by jhagarty
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.
Joe,
I feel confident about my abilities as a former builder, just not so much as an expert on code compliance. I do not want some pencil neck attorney denegrating my current profession or my experience. I spoke to a local home inspector who used to act as an expert witness in cases like this and he also advised me to not get involved.
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  #17  
Old 4/16/07, 6:08 PM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
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Default Re: I've been requested to appear as an expert witness

Ken,
it sounds like you have a good head on your shoulders.

Welcome to NACHI!



Signed, Frank Carrio, CMI
Certified Master Inspector & Consultant
Certified Commercial Building Inspector
Certified, WDI Inspector
Founder & Current President, New Hampshire State Chapter NACHI
NACHI, State Representative for Legislative Affairs
Retired: ICC Certified Member
Retired: Code Compliance Inspector.
Retired: ASTM Committee Member
New Hampshire License #0096
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  #18  
Old 4/16/07, 6:30 PM
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klott klott is offline
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Default Re: I've been requested to appear as an expert witness

Quote:
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.
Depends on who's requesting your service, the prosecutor or the defense ? It does not really matter though, I would show up and take the lawyers money, if the other side makes the point that you're not qualified, so what, that's whoever's hired you problem. It's not your fault, they came to you, right? As soon as you get on the stand, the opposing attorney will ask you for your qualifications as a code inspector, and you will say none, the judge won't allow you to testify. Be an easy $2 grand. I do not pity lawyers one bit, take their money for a change. Is that bad?
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  #19  
Old 4/16/07, 6:36 PM
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klott klott is offline
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Default Re: I've been requested to appear as an expert witness

Don't listen to me, I'm still angry at lawyers for what they did to me. NEK
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  #20  
Old 4/17/07, 3:25 AM
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kfonoimoana kfonoimoana is offline
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Default Re: I've been requested to appear as an expert witness

What did God say after a ship with 600 lawyers on board sank and all but one drowned?

Damn, I missed one.
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  #21  
Old 4/17/07, 3:34 AM
psiposs psiposs is offline
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Default Re: I've been requested to appear as an expert witness

Unless you are a long time CODE inspector with very deep pockets to defend yourself later I say NO.



Peter Siposs
Absolute Home Inspections
Home, Mold, IAQ, Radon, & Lead Based Paint
Liberty Lake, WA
Serving Eastern WA & Northern ID
Nachi# 05100181
peter@absolute-home-inspections.com
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  #22  
Old 4/17/07, 9:18 PM
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Marcel R. Cyr Marcel R. Cyr is offline
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Default Re: I've been requested to appear as an expert witness

Have you said no yet? If not it is to late. The barracuda lawyers have you.

Marcel
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  #23  
Old 4/18/07, 7:28 AM
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kfonoimoana kfonoimoana is offline
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Default Re: I've been requested to appear as an expert witness

Quote:
Originally Posted by mcyr
Have you said no yet? If not it is to late. The barracuda lawyers have you.

Marcel
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Marcel,

I paid attention to the board and turned down the gig. I don't need the add'l head ache.
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  #24  
Old 4/18/07, 11:19 AM
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Harold E. Miller Harold E. Miller is offline
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Default Re: I've been requested to appear as an expert witness

Quote:
Originally Posted by jhagarty
It takes Years of Training to report on Code Compliance but merely Hours to become a "Mold is Gold" Inspector.

.
That was worth repeating....
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  #25  
Old 4/18/07, 9:32 PM
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William J. Decker William J. Decker is offline
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Default Re: I've been requested to appear as an expert witness

I have testified three times, as an 'expert witness', but always as a Home Inspector, never as a code compliance expert.

One advantage to licensing, the State has designated me an expert by way of their granting a license.

One lawyer was specifically sneaky (or so the thought ). asked a bunch of loaded questions about code, but I just kept replying, "I cannot comment on local municipal codes. I have a State license and, as such, have to weight issues against current national standards, as defined by state law".

Finally, after some back and forth, he asked the $1 Mil question, "And why, in your so-called 'expert' opinion is that?"

I answered, "Because, sir, I work in some 92 different municipalities with 92 totally different local codes, some of which are contradictory and none of which are in full accordance with the latest Nationally accepted standards. Local codes are more a political document than a technical standards. Now, do you want to discuss best practices, according to the nation's leading experts, or do you want to discussstandards adopted by Chicago politics and Union corruption experts."

BTW: An 'expert witness' can NEVER be sued or fined or have any other problems if you testify (according to my lawyer) as long as:

A) You tell the truth (which aslo includes saying "I don't know" if you don't).
B) Give your best, informed opinion based upon your knowledge.
C) Are state licensed.

Hope this helps;



Will Decker, CMI
ILL License # 450.0002240
Board Certified Master Inspector
Decker Home Services, LLC
Chicago and Northern Suburban Home Inspections
Office: (847) 676-8393
Cell: (847) 609-2345
Home: (847) 673-2702

wjd@DeckerHomeServices.com
www.DeckerHomeServices.com

Learn, Educate, Serve and have fun doing it!
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