06/11/2011

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More on that Court Case. Justice was not done. About that hearing. The owner, even though he got a $20grand judgement against the concrete guy he also got the other defendants legal fees and court costs, almost $10 grand. Add that to his own fired lawyer's $8grand+ charges and the owner got the short end of the stick.<br /> It will be very tough for him to collect on that judgement as that concrete contractor probably doesn't have a pot to go in or a window to toss it out of....<br /> Wish you could have been there. At the end of the first day's hearings the wife had brought the couple's twin 3 month old boys and had them out in the corridor. The defendant's lawyer and the appeaser / inspector both stopped and commented how cute they were and asked their age etc. She should have slapped then both..<br /> The morning of the first day, the plaintiff / homeowner put one of the defendant's expert witnesses on the stand and that guy clearly repeatedly stated that where the problem was should have been "designed" with calculations using ACI 318 which is adopted in the State-wide building Code . After lunch and I'm sure a short talk with the inspector/defendant's lawyer who hired him as one of three expert witnesses, the same guy took the stand and did a total flip - flop. The huge cracks that clearly indicated a structural problem that a PE had designed a fix for became "shrinkage cracks"<br /> Another "expert witness" took the stand who is a local builder. He claimed he only had one "red flag" with an inspector and that was due to a set-back issue. I caught up with him in the corridor during a break and addressed him by his first name. I then proceeded to remind him of a home he built in a municipality I inspect for and the Code violations concerning truss bearing support on that home that required a few bucks to fix.... And that guy claimed, on the stand, that he built 1500 homes in 6 years. The judge noted his testimony in his final findings of fact before he gave the verdict. Evidently the judge can't do math very well. 1500 divided by 6 = 250 or almost one new home every working day for six years.. And these were site built homes and with maybe two crews.. pretty amazing.... The guy is also a realtor. MAYBE, just maybe he's listed that many homes in 6 years but in this area that might even be pushing it.<br /> Noticed something about the other two expert witnesses. Ever notice how a young child can't look you in the eye when they are lying to you. Well two of those expert witnesses had a hard time looking up when answering the defense's lawyers questions . Those questions were all worded for simple yes or no answers. Some were leading questions but the plaintiff never objected.<br /> <br /> All in all it was a sad day in court for the 1 and 2 family dwelling Code in this State.<br /> My next blog will be a reply from a State employee concerning questions I asked Emailed him the night after the hearing was over.<br /> Be sure to read his answers.

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