# Testimony



## Keystone (Nov 8, 2011)

Beit an Engineer, Architect or Inspector, who out there has been asked to testify under oath in court against another Inspector or Third Party Inspection Agency?

Why or why didn't you testify?

Would you do it again?


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## Coug Dad (Nov 8, 2011)

Court twice, several depositions and consulted often.  After the lawyers talk to me, they usually don't want me on record because I won't get wiggly with my opinions.  I don't see a problem with it as long as you are rock solid in your opinions and are not influenced by the lawyers or process.  One good point about this type of work is that it makes you understand the issues better than ever before so you do not get torn up by the opposing side.


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## mark handler (Nov 8, 2011)

Asked, and Declined

Not always Black and white.

Many times it comes down to opinion and interpretation.


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## globe trekker (Nov 8, 2011)

It is not something for the faint of heart, or has demonstrated questionable work

practices / ethics.    One's character has to be rock solid ( "positive" mind you  )

to undertake this type of activity.    The "word" gets out pretty fast if you're

testifying against a colleague, peer or someone in the same career field.   Also,

if tesifying "against", your story and facts have to be unshakeable and absolutely

correct, ..every single time!   No minor deviations are allowed, or the legal beagles

will rip you to shreds and your testimony will be worthless, plus your reputation

will also suffer greatly!

.


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## Keystone (Nov 8, 2011)

Company was asked to testify and collectively declined, Karma...


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## mark handler (Nov 8, 2011)

Keystone said:
			
		

> Company was asked to testify and collectively declined, Karma...


If you ever consider it, contact your E and O provider first


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## JBI (Nov 8, 2011)

Against an inspector? No. But I have been the inspector in that position. Mostly 'Article 78' proceedings (how you sue Govt in NYS) for enforcing Codes. Haven't lost yet and became friendly with most who were unfortunate enough to testify against me.


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## ICE (Nov 8, 2011)

Right out of college I took on a building/planning dept.  In the end, the city bought the property, paid $50k extra to the owner and a good payday for me.  All without a lawyer.  I'll never be able to work within 100 miles of that jurisdiction.  I enjoyed every minute of it and wouldn't hesitate to do it again.

Now that is an extreme example and to testify against an individual inspector is a different ball game.  I doubt that I would enjoy that so the odds are that I would not do that.  It is one thing to take on an organization and another to attempt to ruin an inspector.  I certainly don't trust lawyers and being a lawyer's tool is not for me.


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## ewenme (Nov 9, 2011)

One time I've testified against a person: In District Court, I testified against a building official from a jurisdiction where I was the permit technician, whom I exposed for coercing homeowners to hire him to do their drywall in exchange for 'passing' their work. He happened to be doing the 'drywall' work at the same time he was supposed to be doing inspections [on jurisdiction time]; he was caught; warned; caught again; warned again; caught again; and finally fired. He left town and left several 'customers' high and dry. One elderly couple paid him $12,000 and saw nothing for their money. I would testify under those circumstances in every case. I have also testified in several cases where code issues were the topic. I did not testify for or against either side in those cases; only as to the code requirements. I'd do that any day!

Carol


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## Coug Dad (Nov 9, 2011)

If good and qualified people will not provide the services in an honest and ethical manner then we will all be subject to the whores who will offer opinions for payment.


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## Keystone (Nov 9, 2011)

Mark, its a good call to make but why contact E&O provider?


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## AegisFPE (Nov 9, 2011)

I think there should be a distinction between testifying against another professional personally (Carol's story), and presenting testimony of an interpretation that is adverse to theirs (JBI).


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## mark handler (Nov 9, 2011)

Keystone said:
			
		

> Mark, its a good call to make but why contact E&O provider?


A Professional can be sued for slander if you make statements that the Professional cannot verify. Pf you testify the person Screwed up, you need to be able to prove it.

As part of My E and O insurance for indicating scope of projects, they ask what percent of business is litigation.


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## Keystone (Nov 9, 2011)

Court battle over interpretation, yeah no good.

Good consideration about E&O, percentages of litigation, field work, office work, etc....


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