FORENSIC CASES

Construction Forensics: We are your expert when projects go wrong. Reports and Courts. Idaho & Washington.

OUR FORENSIC STRATEGY IS SIMPLE:

We stick with the facts
We simplify the core issues
We help you get to the root

EISELE vs KLEINSMITH CUSTOM HOMES LLC vs HUGHES MASONRY LLC [CV28-23-5550, Kootenai County First District Court]. Retained by Third-Party Defendant Hughes, March 2024. Code issues and standard of care. We reviewed Plaintiff’s expert report and conducted a site review. Hughes had offered to repair reasonable issues. Our assessment and report repudiated all other claims against the contractor, including charges by Plaintiff’s expert which had nothing to do with Defendant’s scope of work. This case is ongoing. Plaintiff attorney was Jack Borton of Boise, Idaho.

DINNING vs ASH ST SERVICES LLC [CV11-23-0248, Boundary County First District Court]. Retained by Defendant contractor, Ash Street, February 2024. Code issues, standard of care and contract issues. We reviewed Plaintiff’s expert reports and conducted a site review. Our assessment and report repudiated all claims against the contractor. This case is ongoing. Plaintiff attorney was Toby McLaughlin of Sandpoint, Idaho.

FRESCO2 LLC dba CKB CONSTRUCTION vs CITY OF COLFAX. Retained by Plaintiff homeowner, January 2024. Code issues, standard of care and contract issues. We have reviewed Defendant’s expert report and are scheduled for a site review. This case is ongoing. Plaintiff attorney was Eric Hanson of Garfield, Washington.

PETERSEN vs DABELLA and RELIABLE CONSTRUCTION LLC. Retained by Plaintiff homeowner, November 2023. Code issues and standard of care. We conducted a site review and reported on installation issues and costs to repair. This case is ongoing. Plaintiff attorney has not been disclosed.

SELKIRK CONSTRUCTION vs ROOFING NORTHWEST. Retained by Plaintiff home builder, November 2023. Code issues and standard of care, by subcontractor. We conducted a site review and reported on necessary actions to bring the roof installation into compliance. The issue was resolved without litigation,.

HINTON vs NA. Retained by Plaintiff attorney firm Bristol George, September 2023. Concealment by seller. We conducted a site review and reported on the issues and costs to repair. Plaintiff  attorney was Cody Ross of Spokane.

BLACKFORD VS NW BUILDERS & RENOVATION [23-2-20024-1 KNT, King County Superior Court]. Retained by Plaintiff homeowner Blackford, March 2023. Code issues, standard of care and contract issues. We conducted a site review and reported on the issues and costs to repair. This case is ongoing. Defendant attorney was Richard McKinney, who passed away mid-case and was succeeded by Mark Perez of Seattle.

BELFOR USA GROUP vs YU [22-2-20784-1 SEA, King County Superior Court]. Retained by Defendant homeowner Yu, December 2022. Code issues, standard of care and contract issues. We conducted a site review and reported on the issues and costs to repair. This case is ongoing. Defendant attorney was Richard McKinney, who passed away mid-case and was succeeded by David Jensen and Seth Rosenberg of Seattle.

HESS vs SCOTT LEGACY [20201615-32 Spokane County Superior Court]. Retained by Defendant Scott Legacy, December 2022. Contract issues. We were briefed on the case and called to testify during arbitration. The defendant was hired to manage the construction of a residence for a fee. The Plaintiff held him responsible for the project going over budget and somehow, the arbitrator saw it his way. The award was enough to build the house again. Our client lost his case. Defendant attorney was Luke O’Bannon of Spokane.

TAMBINI vs SINCLAIR HOMES. Retained by Defendant Sinclair Homes, October 2022. After restoration of a sinking foundation, we conducted a site review and reported on remaining issues and the cost to repair. Defendant attorney was Paul McFarlane of Boise, Idaho.

SWART vs MORGAN. Retained by Plaintiff Swart, September 2022. Code issues and standard of care. We conducted a site review and reported on issues and the cost to repair. 

RENAUD vs PROSTAT SOLAR [22-2-00581-36 Walla Walla Superior Court]. Retained by Plaintiff Renaud, September 2022. Code issues and standard of care, resulting from damages due to a faulty solar panel installation. We conducted a site review and reported on issues and the cost to repair. This case is ongoing. Plaintiff attorney was Richard McKinney of Seattle; he passed away mid-case and was succeeded by Jeff Sperline of Kennewick, Washington.

WHITE vs OUR TOWN CONSTRUCTION [CV28-22-2711 Kootenai County First District Court]. Retained by Defendant Our Town, May 2022. Code issues and standard of care. We conducted a site review and reported on issues; we reported on the Plaintiff expert’s report, refuting most of the allegations and scaled down the cost to repair. We testified at deposition. Plaintiff attorney was Jason Wing of Coeur d’Alene.

LINDSAY/BRUSHE VS DARRYL CRAWFORD AND COPPERPINE CONSTRUCTION LLC. Retained by Plaintiff Lindsay/Brushe, May 2022. Code issues and standard of care after the contractor abandoned the project leaving the framing exposed to the weather. We conducted a site review and reported on issues and costs to repair. This case settled in favor of our Client. Plaintiff attorney was Scott Poorman of Coeur d’Alene.

DOLPHIN vs BURKE’S RESTORATION [CV28-22-6319 Kootenai County First District Court]. Retained by Defendant Burke’s Restoration, March 2022. Code issues and standard of care. We conducted a site review and rebuttal of two Plaintiff expert witness reports, disproving or reducing most the allegations; we also reviewed and reported on Plaintiff expert witness deposition. Defendant attorneys were Jason Wing of Coeur d’Alene; also Brad Richardson and Robert Gates of Boise, Idaho.

GIANNONE vs TAYLOR [CV28-21-5960 Kootenai County First District Court]. Retained by Defendant Taylor, February 2022. Plaintiff accused Defendant of concealment of defects. Our assessment and report gave evidences of the Plaintiffs’ prior knowledge. This case settled in favor of our Client. Defendant attorney was Scott Poorman of Coeur d’Alene.

VIDETICH vs MORTON SLOUGH ESTATES LLC [CV09-21-1620. Bonner County First District Court]. Retained by Defendant Morton Slough Estates, February 2022. Code issues and standard of care. There were some defects, namely a sinking foundation; we assessed and disproved most the remaining allegations. This case settled in a manner favorable and reasonable to all parties. Plaintiff attorney was Toby McLaughlin of Sandpoint, Idaho.

BOWES vs WHITETAIL CONSTRUCTION. Retained by Plaintiff Bowes, January 2022. Code issues and standard of care. We assessed the defects and costs to repair. We heard this settled in favor of our Client. Plaintiff attorney was Muriel burke-Love of Coeur d’Alene.

RAYNOR vs ADVOCATE INSURANCE AGENCY [CV09-20-1572 Bonner County First District Court]. Retained by Plaintiff Raynor, January 2022, to settle a cost dispute for the rebuilding of an entertainment barn and a greenhouse damaged by fire. We assessed the true costs of the damages and the case was settled in favor of our Client. Plaintiff attorney was Rex Finney of Sandpoint, Idaho.

QUIMBY vs IDAHO FENCE. Retained by Defendant business owner, November 2021. Slip and Fall case. We assessed building code issues and found our Client to be compliant. This case settled in our Client’s favor. Defendant attorney was Patrick Harwood of Kirkpatrick & Startzel of Spokane.

ANDERSON vs WAZ ENTERPRISE. Retained by Defendant contractor, August 2021. Standard of care on a tile installation. Plaintiff expert overassessed the errors and damages. We assessed the issues, narrowing the scope and reduced costs to repair. This settled in our Client’s favor. Plaintiff attorney was Richard McKinney of Seattle.

SATHER vs J&S CONSTRUCTION INC. Retained by Plaintiff homeowner, June 2021. Code issues and standard of care. We assessed the issues and costs to repair. Plaintiff attorney was Scott Poorman of Coeur d’Alene.

HAMILTON vs WEST PLAINS PROPERTIES. Retained by Defendant landlord, May 2021. Tenant sued for payment for unauthorized improements to the property, which were already falling apart. The tenant also trashed the property upon abandonment. We assessed the “improvements” and documented the damages. The Defendant attorney was Chris Browning of Kirkpatrick & Startzel, Spokane.

KENT vs GREENSTONE. Retained by Plaintiff, homeowner, January 2021. Code issues and standard of care. With out report, Client and attorney were able to convince Defendant Homebuilder to repair most items on punch list.

J&S CONSTRUCTION INC vs HOLLINGSWORTH [CV28-20-3439, Kootenai County First District Court]. Retained by Defendant, homeowner. November 2020. Code issues and standard of care for structural framing, siding installation, flashing, material selection and building inspection failures. Our report was 18 pages, including cost analysis. This case was abandoned because the claim did not justify additional legal expense . The Defendant attorney was  Muriel Burke-Love of Coeur d’Alene, Idaho.

SYBIL vs 7B CONSTRUCTION PROS. Retained by Plaintiff, homeowner. November 2020. Code issues and standard of care. Mold, roof ventilation, siding expansion, flashing and a host of miscellaneous issues. Our report was 19 pages, including cost analysis. This case is still pending. The Plaintiff attorney was  Scott Poorman of Coeur d’Alene, Idaho.

SANDERS vs NOW REMODELING. Retained by Plaintiff, homeowner. September 2020. Code issues, costs and standard of care for a roof installation. Our report was 8 pages. NOW never obtained a building permit, until after the fact. We met at the site with the building inspectors and the roofers; they instructed the roofers to meet the requirements of repair which we presented. The Plaintiff attorney was  Scott Poorman of Coeur d’Alene, Idaho.

THIS IS THE LIFE LLC vs BUILD SMART NORTHWEST INC. Retained by Plaintiff, property owner. April 2020. Structural, material selection and standard of care issues. Our report was 31 pages, including cost analysis. The Plaintiff attorney was  Scott Poorman of Coeur d’Alene, Idaho.

DAVIS vs KAVCO BUILDERS LLC [CV28-19-4815, Kootenai County First District Court]. Retained by Defendant, contractor. April 2020. The Plaintiff had retained a certain expert witness who is known for dealing in hype and emotional arguments. His report centered around water intrusion and building envelope issues, of which, he understood neither. For the water intrusion was the result of snow buildup against a pole structure, which requires removal by the homeowner to prevent intrusion, not to mention, the homeowner used a sprinkler system to keep the interior soils moist for dog training. So, why was this an issue? The expert also contended there should have been a continuous concrete foundation wall between each of the posts, demonstrating he has no understanding of pole buildings. He used emotional pleas and crazy theories to build his case against the Defendant. In his eagerness to build this case, he brought code failures before the County and caused them to revoke the Certificate of Occupancy; but the revocation all centered on portions of construction performed by his client, the Plaintiff. And finally, the expert, in his invasive exploration of the foundation, bent an electrical conduit and blamed the contractor. Our report in rebuttal to the expert’s report was 21 pages, including timeline. This case was settled in arbitration in favor of our client. The Defendant attorney was  Peter Erbland of Coeur d’Alene, Idaho.

WOODWORTH vs A&A CONSTRUCTION SERVICES LLC. Retained by Plaintiff, homeowner. February 2020. Code issues, construction delays, costs and standard of care. Our report was 25 pages, including cost analysis. We had on-site meetings with the building inspectors. As the case developed, we submitted three supplemental reports. Our Client won his case in full on trial. The Plaintiff Attorney was Scott Poorman of Coeur d’Alene, Idaho.

BAILY vs ZOLLINGER. Retained by Plaintiff, homeowner. February 2020. The building has a seriously failing foundation and structural issues on a two-story deck. These were not disclosed upon sale of the property. Our report was 11 pages, including cost analysis.A Support of Motion to Ammend for Punitive Damages was filed on our behalf in September 2020. Our client received a full settlement in this case. The Plaintiff attorney was Scott Poorman of Coeur d’Alene, Idaho.

BANDUCCI vs WATSON. Retained by Plaintiff, homeowner. October 2019. Two-thirds of the house was built with floor joists in contact or near contact with the soil. There were mold and structural issues throughout the building. None of this was disclosed upon sale of the property. Our report was 21 pages, including cost analysis. The Plaintiff switched attorneys and we did not continue with the case.

CHI vs DEAD EYE ENTERPRISES. Retained by Plaintiff, homeowner. September 2019. We conducted a site review and wrote a 24 page report describing standard of care and code compliance after the contractor walked off the job. We had to rebuild the costs estimates to establish line item values and compare this to value received. This was to determine whether the contractor was owed money or had been overpaid. The Plaintiff attorney was Eric Hanson of Pullman, Washington.

CARTER vs PICA CONSTRUCTION. Retained by Defendant, contractor. July 2019. We conducted a site review in response to a NORA letter. The issues were surface water, drainage and code compliance. We established the facts in a 5 page report. The Defendant’s attorney was Scott Poorman of Coeur d’Alene, Idaho.

MAY vs HAZELTON CONSTRUCTION (R&B LOGGING). Retained by Plaintiff, property owner. May 2019. This case involved serious structural issues, code compliance and standard of care on a pole barn. We wrote a 14 page report with costs to correct. We also compared how much the contractor was paid against the value received and cost to repair. The Plaintiff Attorney was Art Macomber of Coeur d’Alene, Idaho.

VILLA vs VIKING BUILDERS LLC vs NORTHWEST MASONRY ENTERPRISES. Retained by Third Party Defendant, subcontractor. April 2019. This case involved standard of care and code compliance against a subcontractor. We conducted a site review and consulted regarding code compliance and costs to repair. The Third Party Defendant’s attorney was Patrick Harwood of Spokane, Washington.

CAETANO vs BILL’S HEATING. Retained by Plaintiff, homeowner. April 2019. We visited the site and wrote a 14 page report describing damages to the Plaintiff’s home caused by the contractor. We did a cost analysis of the repairs, which was over $40,000. The insurance company wanted to pay half the amount, so they hired an Xactimate or insurance expert who tore up our report with emotional arguments and ad hominem attacks, in hopes to achieve this goal. We countered this report with facts, that is true units and true costs per unit, and, in a 6 page supplemental, demonstrated how the other expert had submitted inaccurate costs. We stood by our costs against a seasoned insurance adjuster. The case settled with full payment for our client within a couple weeks. The Plaintiff attorney was Scott Poorman of Coeur d’Alene, Idaho.

HUFFMAN vs CAMPBELL & CAMPBELL LLC. Retained by Defendant, contractor. June 2019. This is a case involving standard of care and code compliance on a 1.6M house. Plaintiff retained a certain expert witness who is known for dealing in hype and emotional arguments, who described this exotic home as a complete shambles. He backed up his entire report with twisted interpretations of the building code, several times stating what he thought the code should be, where the code fell short of his standards and other emotional arguments. We wrote a 47 page report defending the facts. The Plaintiff’s expert re-wrote his report (73 pages) and we supplemented with a 53 page report. Five weeks later, the case settled in full favor of our client, Campbell. The Defendant’s attorney was Mark Orler of Boise, Idaho.

CHASE vs DAVID FINLEY CONSTRUCTION. Retained by Plaintiff, homeowner. April 2019. This case involved standard of care, structural code compliance and licensing problems. We wrote a 21 page report. This case was settled in favor of our Client. The Plaintiff’s attorney was Scott Poorman of Coeur d’Alene, Idaho.

GRUNDIN vs HELMUTH CONSTRUCTION. Retained by Plaintiff, homeowner. March 2019. Standard of care issues with drywall, tile and cabinet installation. There were code issues with stair supports, stair handrail, stair treads and risers. We wrote a 15 page report and a 13 page supplemental. The case settled three months later for 96 percent of the damages we calculated. “Your report was the key to that result. Thank you.” The Plaintiff attorney was Scott Poorman of Coeur d’Alene, Idaho.

MANWILL vs WILD HORSE INVESTMENTS LLC. Retained by Plaintiff, homeowner. February 2019. We conducted a site review for issues related to standard of care and code on this upscale home. There were moving floors, lack of positive connections at point loads, extensive concrete spalling and cracking, unsecured handrails and such. We wrote a 17 page report and a 6 page supplemental report. This case was settled in favor of our Client. The Plaintiff attorney is Scott Poorman of Coeur d’Alene, Idaho.

CANDOR CONSTRUCTION LLC vs SCHNEIDER [18-2-00212-38, Whitman County Superior Court]. Retained by Defendant and Third-Party Claimant Schneider, homeowner. January 2019. We conducted a site review for standard of care and damages from negligent work. We reviewed the project management to address excessive cost overruns and lengthy schedule delays. We wrote a 22 page report. The Defendant attorney is Ryan Poole of Spokane, Washington.

DEWEY vs BLACK DOG BUILDERS. Retained by Plaintiff, homeowner. September 2018. We conducted a site review and found incomplete and poorly executed work. We estimated costs to bring the work up to code and workmanlike condition. We wrote a 10 page report. The case settled shortly in our client’s favor. The Plaintiff attorney was Ryan Poole of Spokane, Washington.

4 SISTERS vs ANDERSON. Retained by Defendant Anderson, property owner. February 2018. We conducted a site review regarding this property line dispute. We estimated costs to cut the house and rebuild the removed portions elsewhere on the house and we estimated the costs to move the entire house to a new location in the property, including a new foundation. We wrote a 4 page report. This case is settled. The Defendant attorney was Scott Poorman of Coeur d’Alene, Idaho.

CRANDALL vs MAIR BUILDERS, LLC. Retained August 2017 by Plaintiff Crandall. We conducted a site review and found excessive code violations (over 2 dozen), structural issues, fire and safety issues and siding problems. We wrote a 38 page report, including a cost report and a 2 page supplemental. The Plaintiff attorney was Ryan Poole of Spokane, Washington.

STINSON vs EAGLE RIDGE BUILDERS, INC. Retained August 2017 by Plaintiff, homeowner. We conducted site reviews and wrote reports assessing construction defects, which were mostly siding and structural issues. We wrote a 30 page report, a 14 page cost report and a 38 page supplemental report. This case is settled in our client’s favor. The Plaintiff attorney was Scott Poorman of Coeur d’Alene, Idaho.

MATHEWS vs DAUM CONSTRUCTION. Retained July 2017 by Plaintiff, homeowner, to report on construction defects. The major defect being the exterior door ADA thresholds sloped to the interior and water was invading the home, under and over the sills. This case settled in February 2018 in favor of our client. The Plaintiff attorney was Scott Poorman of Coeur d’Alene, Idaho.

JACKSON vs GREATER AMERICAN CONSTRUCTION. Retained May 2017 by Plaintiff, homeowner. We conducted a site review to assess the defects of the re-roofing project performed by Greater American. There were moisture, ventilation and mold problems. We also oversaw the tear-off, re-roof and mold mitigation later performed by another roofing contractor and a restoration contractor. We wrote a 9 page report and 6 page supplemental. This case settled in February 2018 in favor of our client. The Plaintiff attorney was Pat Harwood of Spokane, Washington.

ROBY vs TIMBERWOLF BUSINESS GROUP [16-2-02087-3, Spokane Superior Court]. Retained January 2017 by Defendant, contractor. We were hired, prepared for a site review, then the case settled in April, in our client’s favor. The Defendant attorney was Ryan Poole of Spokane, Washington.

ROBINSON vs STORM MECHANICAL [CV-15-6999, Kootenai County First District Court]. Retained October 2016 by Plaintiff, business owner. Robinson’s place of business was damaged by water caused by defendant Storm. She performed the restoration while also remodeling and sued Storm Mechanical. We reconstructed the costs necessary to restore the premises to the prior condition, without improvements. We wrote an 8 page report and 4 page cost report. We wrote a 6 page supplemental and 5 more pages of costs. We were deposed 25 January 2017. This case evolved into additional cases. The Plaintiff attorney was Arthur M. Bistline of Coeur d’Alene, Idaho, but it changed hands several times and we finally lost track of it. As of December 2019, we don’t believe it has ever gone to court.

THOMPSON vs LUKE JEANNERET CONSTRUCTION [13-200338-2, Stevens County Superior Court]. Retained October 2016 by Defendant, contractor. Thompson had retained a certain expert witness who is known for dealing in hype and emotional arguments to review the construction performed by Jeanneret. At the site, I was able to demonstrate to Thompson how several claims were outright false and I showed him how to perform normal homeowner maintenance on several items. In my report, I was able to boil the plaintiff’s expert’s claims down to the few that mattered. We wrote a 14 page report. This case settled in our client’s favor, March 2017. The Defendant attorney was Patrick Harwood of Spokane, Washington.

JJ’S CONSTRUCTION INC vs SKOCILICH. Retained May 2016 by Plaintiff, contractor. The homeowner refused to pay a substantial amount of money upon completion of their residence under the pretext several items needed correction; all the while refusing to allow the builders to return to correct. In our report, we analyzed the home for standard of care and unfinished work. We were able to demonstrate how these items were punch list in nature and there were not code violations, as claimed. We wrote an 11 page report. This case settled quickly in favor of our clients. The Plaintiff attorney was Ryan Poole of Spokane, Washington.

HUTCHINSON vs UMPHREY, ET AL. Retained February 2016 by Plaintiff Hutchinson, injured. This was a slip-and-fall during a construction operation which took place in a retail store during the normal hours of operation. In our report, we evaluated the standard of care necessary to protect the public during construction operations. We wrote a 23 page report. This case was settled out of court. The Plaintiff attorney was Andrew Brassey of Boise, Idaho.

REED vs PRESERVE COLEMAN HOMES, LLC, [CV-OC-1423540, Ada County Fourth Judicial District]. Retained January 2016 by Defendant, contractor. We were hired to analyze what was wrong and who was responsible for the failure of a crawl access door which resulted in an injury. Armed with our report, this case was successfully settled out of court. The Defendant attorney was Nick Crawford of Boise, Idaho.

LEWIS vs RIVERBEND BUILDERS NW INC [15202019-1, Spokane County Superior Court]. Retained October 2015 by Defendant, contractor. The builder, Riverbend, was terminated by the homeowner. Raymond Harding (Elevate Construction Inc) was hired for completion and the costs skyrocketed from there. Claims against our client ranged from poor workmanship to code deficiencies. Raymond Harding was also the Plaintiff’s expert. We reviewed the construction at the site and wrote a 46 page report. We were deposed and went to trial. We testified to quality of workmanship, code compliance, unsubstantiated claims against the defendant and the business practices of Plaintiff’s replacement builder. The result was a unanimous jury in favor of our client, 24 April 2017. The Defendant attorney was Todd Startzel of Spokane, Washington.

“Todd had the opportunity to speak with some of the jurors and wanted to relay to you some of their comments regarding your testimony. They said they liked you very much, you came across very well, explained things in a great way, believable, and knowledgeable. Thanks again for all your assistance. On behalf of our office and Mr. Rice, all your work was greatly appreciated.” Kirkpatrick and Startzel [re Lewis v Riverbend Builders], April 2017.

 

Ed Rice said, “I can’t thank him enough for his help.”

STELLA FARM vs EAGLE RIGID SPAN and QUALITY FENCING & CONSTRUCTION [CV2013-01379, Bonner County District Court]. Retained October 2015 by Defendant Eagle Rigid, manufacturer. Stella Farm claimed damages from the collapse of a horse arena against the manufacturer of the building frame and the contractor who erected it. We wrote a report analyzing the standard of care in the installation of the frame by the contractor. We were also able to add some forensic insight from evidence found in the photos. We wrote a 32 page report and a 3 page supplemental. This case settled out of court. The attorneys for defendant (manufacturer) were Ryan Janis and Nick Crawford of Boise, Idaho.

MAHAFFEY vs ALPINE CONSTRUCTION [15203202-4, Spokane County Superior Court]. Retained October 2015 by cross-claimed defendant, MM Wood Works, subcontractor. There were issues of poor workmanship which became exaggerated. We were able to write a report identifying objectively items needing to be redone or replaced and put a cost value to it. With the clear picture presented in our 11 page report, this case settled out of court to the satisfaction of all parties. The Defendant attorney was Todd Startzel of Spokane, Washington.

TIMBLIN vs ST JOHNS PROPERTIES INC DBA SHADY REST [CV15-260, Kootenai County District Court]. Retained October 2015 by Defendant Shady Rest, building lessee. Plaintiff claimed injuries and other damages after stepping off a sidewalk and into a bay of water meters on Defendant’s property. Upon inspection of the property, we wrote a report outlining building code issues, general layout, measurements and descriptions. We wrote a 39 page report. This case settled out of court. The attorneys for defendant were Ryan Janis and Nick Crawford of Boise, Idaho.

CLANCY vs BESTWAY BUILDERS. Retained January 2015 by Plaintiff, homeowner. The Clancy home is beset with problems due to missing footers and concrete foundations and slabs poured in freezing temperatures without protection and other such problems. This was our second case going up against a certain expert witness who is known for dealing in hype and emotional arguments. This is case was settled in favor of our client. The Plaintiff attorney is Scott Poorman of Hayden, Idaho.

CURTIS LIVING TRUST vs ABC SEAMLESS HOME INC [13-2-00784-01, Benton County Superior Court]. Retained May 2014 by Defendant, contractor. Approximately twelve years earlier, ABC Seamless had replaced the exterior doors, windows and siding. This home had developed a serious case of mold. This was our first case going up against a certain expert witness who is known for dealing in hype and emotional arguments. He began with the presumption ABC was the cause of the mold and built his case from this position. We were able to show why ABC was not the cause of the mold; identify the causes of the mold in the house; and demonstrate, using the Plaintiff’s expert’s own photos, how he had missed the cause of the mold and overlooked the facts. We wrote a 25 page report. We testified at deposition in September 2014; the case was summarily dismissed for procedural reasons. The Defendant attorney was Ryan Poole of Spokane, Washington.

SPAIN vs BECKER [CV2013-00510, Latah County District Court]. Retained May 2014 by Defendant Becker. In 2011, M/M Spain hired a building contractor to build a horse barn on their property. There was no dispute some portions of the construction did not meet standard of care. However, the contractor’s attorney suspected the damages listed in the architect/expert witness report were enrichments to the property rather than corrections. We reviewed the construction documents and the architect’s report and were able to separate what items were needed to correct the situation and which items were improvements to the property. The attorney was able to use our 21 page report to successfully negotiate a substantially reduced settlement. The Defendant attorney was Todd Startzel of Spokane, Washington.

Prior to Spain vs Becker, we did not keep a complete listing of our cases. In the remaining list, there may be gaps.

HENDRICKSON vs UNDISCLOSED. Retained September 2011 by Plaintiff Hendrickson, homeowner. In 2010, Hendrickson hired a drive-by carport and garage construction company to build a large, three-bay carport in their backyard. The following year, the carport began to fall over. The company refused to make any corrections. We submitted a report noting the defective construction and the extensive work required to correct the situation and bring the carport to code. After, we submitted our report, Hendrickson’s attorney was able to negotiate the removal of the carport and a full refund of their expenses, including attorney fees. The Plaintiff attorney was Scott Poorman of Hayden, Idaho.

MUNRO vs ODLAND. Retained by Defendant (contractor). March 2001. This case involved standard of care issues. We were able to separate the drama from the facts. We wrote a 13 page report and 6 page cost report. After we were deposed, the case settled in favor of our client. Defendant attorney was Jeffrey Herman of Seattle, Washington.

RUSSELL vs TATE. Retained August 1999 by Plaintiff Russell. Approximately 1986, Tate installed a fence on the mutual property line and damaged the Russell’s sewer line in three locations. By 1999, the damage to the foundation and soils of the Russell home had become obvious. In Russell’s clumsy attempt to repair the sewer, he removed the fence and damaged the Tate driveway. Tate, using the numbers from an expert witness, sued for damages in excess of twenty thousand dollars. We were called in to confirm or refute the actual replacement costs to repair the damage to the Tate property and evaluate the damage to the Russell home. Our 10 page report documented a reasonable cost to repair the damage to the Tate property to be less than seven thousand dollars, including the installation of a retaining wall that did not exist before but somehow became important to this case. We also documented damages to the Russell property to be in excess of fifty thousand dollars. The case was settled out of court in our client’s favor. The Plaintiff attorney was Tamara Clower of Gig Harbor, Washington.

LOMBARDI vs CLAUSEN. Retained June 1999 by Plaintiff, homeowner. In the late 90s, Lombardi purchased a home from Clausen in an exclusive, yet older, area adjacent to Bellevue, Washington. The home was infested with molds, mildew and bugs. The house was inspected prior to closing but none of this damage was reported to the purchaser. We found key evidence that demonstrated prior knowledge and concealment on the part of the seller. With our report, the client was able to work out a satisfactory settlement with the seller’s insurance company. The Plaintiff attorney was Jeffrey Herman of Seattle, Washington.

MALONE vs ARNE’S CONSTRUCTION ENTERPRISES INC. Retained March 1999 by Plaintiff, homeowner. In the late 90s, Malone hired Arne’s Construction Enterprises to remodel his home. This was a cost-plus remodel gone real bad. We discovered of the one-hundred forty thousand paid to the company, less than half had been expended for materials and labor. Of the invoices submitted by the construction company to document their costs, we found many items did not apply to the client’s project and many were duplicate billings. Armed with our 13 page report, the attorney for Malone was able to work out a settlement without filing a lawsuit. The Plaintiff attorney was Frederic Reed of Seattle, Washington.

PROFESSIONAL COATINGS INC vs DUWAMISH MANOR ASSOCIATION. Retained September 1998 by Plaintiff, lessee. According to the lease agreement, the landlord, Duwamish Manor Assoc., was responsible for structural and exterior maintenance. However, when the roof went bad, the landlord advised the lessee they were responsible for the replacement of the roof, citing their operations as a reason. We were hired by the plaintiff tenant to give an assessment of the roofing and the roof structure. We analyzed the effect of the operations on the roof and included other details that were critical to the negotiation between the landlord and tenant and submitted a report. After reviewing the report, the landlord decided to pay for the replacement of the roof. This case was referred to us by an attorney but there was no attorney involved.

LESLEY vs WILEY. Retained May 1998 by Plaintiff, homeowner. In the late 90s, Lesley purchased a waterfront home from Wiley, in Belfair, Washington. The entire floor system was bug infested and rotted. Our job was to assess the damages and estimate the cost to repair. We spelled out the extent of the damages and explained how we arrived at each cost. Armed with our report, the client was able to settle out of court, just prior to deposition, for ninety percent of our projected costs. The Plaintiff attorney was Jeffery Herman of Seattle, Washington. 

WONG vs HYSKELL. Retained October 1997 by Plaintiff, investor. A dispute had arisen between business partners regarding a project that had begun twenty years earlier. Our job was to review all project receipts and assess the work completed on the project residence. We were able to successfully reconstruct the project on paper and determine which receipts went into the joint venture project and how much of the plaintiff’s money was used on other projects. The case went to court but settled when Dean Isaacson was called to testify. The case was settled entirely in our client’s favor. The Plaintiff attorney was Jeffery Herman of Seattle, Washington.

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