Expert Witness Services
PAGE CONTENTWhat Is An Expert Witness?
Who Uses The Services Of A Home Inspector As An Expert Witness?
If I've Had A Problem With A Contractor What Should I Do?
How Do I Go About Choosing An Expert Witness?
What Can I Expect From An Expert Witness?
How Much Can I Expect To Pay For The Services Of An Expert Witness?
Some Examples Of Expert Witness Cases: What Is An Expert Witness?
What Is An Expert Witness?
An expert witness is someone who has a special knowledge, skill, or experience in the subject. This person may use such knowledge to testify in a court if law. Testimony given by such a witness, in his/her capacity as such, constitutes expert evidence or expert testimony.
Who Uses The Services Of A Home Inspector As An Expert Witness?
Anyone who needs help in resolving issues (problem resolution) related to either faulty or negligent work done by a contractor / tradesperson or faulty or negligent services provided by a home inspector. The hiring party may be an attorney or the homeowner.
If I've Had A Problem With A Contractor What Should I Do?
1. Don't lose your cool.
2. Keep a log of phone conversations.
3. Keep accurate records of events.
4. Until advised by an attorney, never fire the contractor.
5. Always keep a record of payments.
6. Hire a professional inspector to examine work and documents.
How Do I Go About Choosing An Expert Witness?
Ask your attorney, check the Internet and ask friends.
Questions to ask a potential Expert Witness:
1. Have you provided expert witness services in the past?
2. Have you ever testified in court?
3. Do you have any trade or professional licenses?
4. Do you have a written contract?
What Can I Expect From An Expert Witness?
Some of the services an expert witness provides depends on the type of case. In a case involving a complaint against a home inspector, an expert witness may help document the alleged faulty inspection. This could include a review of the inspection report to determine if the report complies with the Standards of Practice for that particular state, a full inspection of the property with a written report and photos and court testimony. (In many cases a good expert witness can help resolved the issue without the need of going to court.)
How Much Can I Expect To Pay For The Services Of An Expert Witness?
Most expert witnesses charge a set fee per hour plus travel and related expenses. Hourly fees will vary depending upon the type of case, and the experience of the expert witness. You can expect an hourly fee of between $100 and $200 per hour, with a minimum 4 hour charge. Able Home Inspection charges $150 per hour.
Some Examples Of Expert Witness Cases:
(Or Why Using A Low Cost, Agent Recommended, Inexperienced Inspector Is Really Expensive)A new homeowner had a basement water infiltration problem. The low cost home inspector recommended by the selling real estate agent she used prior to purchasing the home, stated that the basement was dry and had no evidence of prior water infiltration. A reinspection by Dennis Robitaille, of Able Home Inspection, revealed water stains and mold on the bottom of the paneled walls. Rot was also found at the bottom of the basement stair stringers. The previous inspector stated that he assumed the basement was dry because it had new carpeting. The removal of the paneling, the installation of a sump pump and the installation of a $6500 interior perimeter drain system were necessary to correct the problems.
The Massachusetts State Licensure Board needed an experienced expert witness to investigate complaints by consumers against a licensed MA home Inspection company for failures of adhering to the State Standards of Practice for home inspectors. Dennis Robitaille of Able Home Inspection was retained by the state. (Update on case: This home inspection company has ceased doing business in MA.)
A new homeowner discovered water leakage through his roof shortly after moving in. The low cost, agent referred home inspector he used had stated that the asphalt shingled roof surface was in good condition and had many more years of service life remaining. A reinspection revealed that the roof surface was aged beyond its useful service life and that there were numerous perforations through the tab slots of the shingles (in fact sunlight was visible from inside the attic.) The homeowner had to replace the entire asphalt roof shingled surface. (So the real cost of the $195 home inspection fee was $9,000.)
A disgruntled new homeowner, on the advice of his attorney obtained a reinspection of his home. The previous real estate agent referred inspector who charged $150, indicated the house had updated systems and was in move in condition. A $500 reinspection by Dennis Robitaille of Able Home Inspection revealed, major termite damage, water seepage in the basement and through the roof, asbestos contamination in the basement, a faulty and hazardous electrical system and a cracked leaky main drain pipe in the basement. Over $25,000 in needed repairs and replacements were uncovered.
An attorney on behalf of a new homeowner needed a home inspector who was experienced in termite infestation. The attorney needed information to determine if a previous low cost home inspector should have been able to uncover a serious termite infestation problem. A re-inspection showed that the previous inspector failed to perform a proper inspection of the property.
Several months after moving in, a new homeowner discovered his $225 home inspector failed to report the presence of aluminum branch circuit wiring in the house. Upon advice from his attorney a re-inspection of the main electrical panel confirmed the presence of aluminum branch circuit wiring.
A homeowner who was suing a roofer for faulty work needed an expert witness (non-bias roofing expert) to inspect the work of the roofer and testify in Superior Court on her behalf. Testimony given helped the client win a reversal of a previous District Court decision.
New homeowners, who were suing the previous homeowners for failing to disclose the extent of termite damage, needed an expert witness (termite expert) to inspect the home and to testify in court on their behalf.