Originally Posted By: dfrend This post was automatically imported from our archived forum.
OK, need some input. I got a call from a client looking for an expert witness to testify in front of the Maryland State Home Improvement Commision about work done by a roofer on her house. She said it is “bad, and has caused lots of leaks and damage”. She wants an inspection of the leaks and the roof and me to then testify to what I saw.
Is this a lot of liability? If I give an "expert" opinion, I imagine that since it is an "opinion" the roofer could only question my "expert" status. Also, If anyone has done these, how much time is involved? I don't have prices for this type of thing.
Originally Posted By: kwilliams This post was automatically imported from our archived forum.
leaks and damage, take a lot of photo’s, look for the cause, find it and take a lot of photo’s, I am an expert witness in another field and get $250 per Hr.
Originally Posted By: dfrend This post was automatically imported from our archived forum.
While I have never testified in an industry case like this, I have testified plenty before as a expert witness for the fire department. This is going to be a closed hearing in from of a group of Commissioners to decide if my client has a claim against this company. If so, they will likely punish the company, maybe even by revoking the license.
In a nut shell (I have not seen with my eyes): My client has a house that she was living in and was going to rent her new house that her mother left her. She needed some major roof replacing, not sure why yet. She moved into the one she was going to rent since the roofer told her it would take less than a week. This was in August. Well, in her opinion they did a crappy job, they left the roof uncovered in a rain storm, the ceilings got destroyed. So they came in to fix the ceiling. The roofer. They then did a crappy job of that. Then the new floors that had been done were messed up, so they tried to strip them with gasoline(  ) Then of course the house reaked of it and the floors and ceiling looked even worse.
So I have been hired to look at this. Write a report, just like I normally do. Document any deficiencies. Give answeres to the Home Improvement Commisioners about what I saw.
Boy that sounds easier than the murder trials I testified for.
Originally Posted By: dkeough This post was automatically imported from our archived forum.
Hey Daniel
If you are not comfortable about doing a roof inspection, call a licensed roofer in your area to help you. It sounds like the women wants to have her leaks fixed, floor fixed, etc. The roofer may have started to replace the roof, the rains came and some water penetrated the property. That is what the roofers general liability insurance is for. The problem is going to be is to prove that the damage to the interior of the house was caused by what the roofer did. The homeowner contracted with him for a reason. Nobody changes their roof if they did not have a problem. If she did have a problem the gl would cover all damages as long as he is licensed. The other problem is you are inspecting this five months later. Many things could have happened since the job the roofer did. Your best bet would be to hire a licensed roofer to look at the property and report to you. Let the roofer know that he may have to testify in a suit. This covers you and gives an expert evaluation of the property.
Make sure you charge per hour for you and the roofer.$400.00 per hour
Originally Posted By: awong This post was automatically imported from our archived forum.
Quote:
Neither Freestate Home Inspection Services, LLC, nor its representative shall be required to give testimony, or to appear in court, or any other tribunal, or any government agency, unless prior arrangements have been made with Freestate Home Inspection Services LLC and agreement reached for proper reimbursement for such work.
I have done one case on water damaged. Owner engaged me in September 2001 to carry the investigation on the probable caused of water seepage allegedly from the roof and the trial was in June 2003. My total fee was S$128,000/=   
My question is, can she afford to pay you if she lost her case?
Originally Posted By: dfrend This post was automatically imported from our archived forum.
First, there are no lawyers involved in this hearing. This hearing is in front of the MHIC which is the local governing authority over contractors licenses.
Quote:
The Commission has a Guaranty Fund established by assessments to licensed contractors. This fund compensates homeowners for actual losses due to poor workmanship or failure to perform a home improvement contract by licensed contractors. Each licensed contractor is covered by the Fund for up to $100,000 for all claims by homeowners.
So basically, this homeowner is claiming the contractor used poor practices, which caused extensive damages, then tried to repair interior work (a roofer, not a drywall and flooring contractor) and made matters worse (gasoline on a wood floor?). My job is to go in, look at the roof and damages, then tell the commission my "opinion" as to wether or not the problems were a result of the roofers work. The commision will then decide wether or not to issue her money from the fund to make repairs. Then it is their decision as to any disciplinary actions.
As for roofing, I have spent years inspecting roofs, both as a home inspector and mostly as an insurance adjuster. I was expected to be an "expert" for the insurance company I worked for. I have worked with hundreds of roofers on those cases.
Originally Posted By: dfrend This post was automatically imported from our archived forum.
And this matter also will only be up to 2 hours in the commission hearing. The commissioner stated that I would come in, answer about 10 minutes of questions and be excused. They will then take the matter. She does not get to have an attorney decide for her, and she has already been told that my services will be for this hearing only, not any future lawsuits.
Originally Posted By: gjohnson This post was automatically imported from our archived forum.
Daniel,
I have never testifeid for Home Inspections, but I am recognized as a expert witness in both Informations Systems and Business Practices. I know that the way the State of Maryland works is that anyone can be a expert witness as long as both sides recognize them as an expert. Before I ever did my first case, I went and met both sides attorneys and the vourdeared ( I can't spell the word) me until they were satisfied. I have done four to five cases in maryland, all in court though never for a board. I charge $1000.00 for a court appearance. So I don't know what I would charge to do a board hearing.
-- Gary (Snicker's) Johnson - Free NACHOS
The NACHI Foundation
Executive Director
