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Expert witness needed

Written report and opinion and possible live testimony needed for possible steam boiler litigation.

If interested, please reply to randomnon@ix.netcom.com.

Comments

  • Fred
    Fred Member Posts: 8,542
    You might want to give some background on the circumstances and remember, an expert witness' report may be beneficial or not, depending on which side of the of the table you sit.
  • Jamie Hall
    Jamie Hall Member Posts: 23,162
    And be ready to pay: an expert witness -- at least when I've been one -- is not on a contingency basis and the fee (retainer payable in advance) is enough to make your eyes water...
    Br. Jamie, osb
    Building superintendent/caretaker, 7200 sq. ft. historic house museum with dependencies in New England
  • 307TurboFire
    307TurboFire Member Posts: 18
    Yes. Residential. Lawyer. Thank-you.
  • 307TurboFire
    307TurboFire Member Posts: 18
    Northern N.J.
  • nibs
    nibs Member Posts: 511
    Have been an expert witness, my charge out yardstick was the same rate as the highest paid lawyer on either side.
    PS..... am no longer available, it is not nice work.
    Ironman
  • 307TurboFire
    307TurboFire Member Posts: 18
    Is having a failed boiler a "nice" time?

    If you can read the installation manual, you can handle this.
  • Jamie Hall
    Jamie Hall Member Posts: 23,162
    nibs said:

    Have been an expert witness, my charge out yardstick was the same rate as the highest paid lawyer on either side.
    PS..... am no longer available, it is not nice work.

    Amen, brother @nibs . Been there, done that, nice check, never again.
    Br. Jamie, osb
    Building superintendent/caretaker, 7200 sq. ft. historic house museum with dependencies in New England
  • clammy
    clammy Member Posts: 3,103
    If it is in northern nj good 9 outta 10 boilers are install wrong and the other fails due to system leaks and make up water . Seems most get sticker shock n go cheap or get hood wink .as other say whatever the lawyers getting your expert witness should be at least the same rate .Just remember u may not be able to point the finger to one party .just curisiuos how old was the boiler if over a year good luck peace and good luck clammy
    R.A. Calmbacher L.L.C. HVAC
    NJ Master HVAC Lic.
    Mahwah, NJ
    Specializing in steam and hydronic heating
  • SlamDunk
    SlamDunk Member Posts: 1,570

    Is having a failed boiler a "nice" time?

    If you can read the installation manual, you can handle this.

    If you have an installation manual, photos, and service records, why would you need an expert witness?

    you could post photos of what you have to see if you have a case. Opinions posted here wont hold hold up in court but itthey are free
    DZoro
  • SlamDunk
    SlamDunk Member Posts: 1,570
    they are free

    and expert
  • I suggest you post a description of the problem here, and see what all the experts here would say.
    If this is a new install, then it is quite likely the installation was not done:
    1. Following the manufacturer’s instructions, at a minimum.
    2. Using commonly accepted steam pro practices.
    3. According to local mechanical codes.
    4. Using the required materials for piping etc.—NBC
  • Leonard
    Leonard Member Posts: 903
    edited February 2019
    Having had to sue a commercial tenant for building damages I think I know what the lawyer needs.

    HE needs an unbiased expert in this field . And of course in court the opposing lawyer will try to poke holes in your statements. And twist things to make you sound wrong. So have to be pretty competent and knowledgeable about your field. And have broad shoulders , and refute their arguments if they are wrong.

    Alternately the lawyer might get a state licensed professional engineer ( PE). ( I never got around to taking final PE test, didn't need it for my work)
  • Jamie Hall
    Jamie Hall Member Posts: 23,162
    To second what @Leonard just said -- yes, a person with a relevant PE certification is almost mandatory. Said individual also needs to have impeccable credentials in the specific field of testimony. They need to be articulate, and able to explain things accurately and concisely in lay terminology. They need to know when to shut up. And so on.

    We don't talk price here -- but just to give you an idea, the last expert witness job which I was involved with cost the client about as much as a really good new car -- and was a pretty simple case. I might add that if you could get an expert to testify on a contingency basis, they would get destroyed -- conflict of interest.
    Br. Jamie, osb
    Building superintendent/caretaker, 7200 sq. ft. historic house museum with dependencies in New England
  • Leonard
    Leonard Member Posts: 903
    edited February 2019
    Price may sound high, but takes lot of skill, maturity, to pull it off successfully.

    AGREE !!! ....... articulate, accurate, concise, layman terminology .

    Not lot of people have knowledge and all those skills. Comes with age and experience. Hard part will likely be finding person with those skills and a PE , but broad experience can substitute for PE license.

    Having a PE is an easy sell that you know the engineering, having everyday experience in heating problems is a VERY VERY different matter. If I bothered to take last PE test I'ld have a PE , BUT all of you guys know MUCH MORE about practical heating problems than I know. For me heating is a side interest, I'm a mechanical engineer --gyroscopes. PE licenses tend to be specific to certain broad areas of Engineering: Mechanical, Civil, Chemical, Electrical .......

    PE license is basically state saying you passed their written tests, have responsible charge work experience, and have been recommended by 2 other 2 PEs. Most PEs have at least a BS degree , state does not require that, but you better be able to do the engineering on a BS level to pass their tests ( ie --- BSME)
  • GW
    GW Member Posts: 4,691
    I did my first 'expert witness' experience last year, I aced the deposition and that was it! Settled!
    Gary Wilson
    Wilson Services, Inc
    Northampton, MA
    gary@wilsonph.com
    Gordyethicalpaul
  • 307TurboFire
    307TurboFire Member Posts: 18
    Folks, I appreciate your comments, but bear in mind the following:

    1. *I* am the lawyer;
    2. I know that hiring an expert witness costs money;
    3. I am not asking for opinions here;
    4. I am not posting any details about the case;
    6. All you need to know is whether you are near Northern N.J. or not and that it is a residential steam boiler;
    7. Even though I am a lawyer, I can read an installation manual;
    8. Yes, in theory, I might be able to point to the installation manual and photos in conjunction with the Holohan treatise, which I have read, but in the very unlikely event it goes to trial, the judge will want to hear from an expert witness;
    9. All we need for now is a written report, and 100-to-1, that is probably all we will ever need, so it is probably not going to cost a car.

    Thank-you for your kind attention.

    Gordy
  • Well said.
    8.33 lbs./gal. x 60 min./hr. x 20°ΔT = 10,000 BTU's/hour

    Two btu per sq ft for degree difference for a slab
    CLambIntplm.
  • SlamDunk
    SlamDunk Member Posts: 1,570
    I thought we lost you 307.

    I think we all would like to see incompetence cleaned up and customers wronged to receive justice but your first couple post came across as if they were written by a, well,- a lawyer speaking to his paralegal.

    Maybe a more tactful approach?
  • Gordy
    Gordy Member Posts: 9,546
    The construction industry is fraught with unscrupulous contractors taking homeowners money, and leaving the homeowner holding the bag. Good luck with your case.
  • Fred
    Fred Member Posts: 8,542
    Oops @Gordy , He doesn't want "opinions" please keep that in mind. He is a Lawyer, after all. >:)
    Intplm.
  • Gordy
    Gordy Member Posts: 9,546
    Not an opinion, fact..
    Intplm.
  • Dan_NJ
    Dan_NJ Member Posts: 247

    ...
    4. I am not posting any details about the case;
    6. All you need to know is whether you are near Northern N.J. or not and that it is a residential steam boiler;
    ...

    Seem to missing #5
  • GW
    GW Member Posts: 4,691
    Does someone want to make some dough or not GEESH give the guy a break, I did some research on this- send me a message if anyone wants some input, there's ways to deal with issues. I think we are too afraid to say what we want at times.
    Gary Wilson
    Wilson Services, Inc
    Northampton, MA
    gary@wilsonph.com
    ethicalpaulCLamb
  • GW
    GW Member Posts: 4,691
    SlamDunk said:

    I thought we lost you 307.

    I think we all would like to see incompetence cleaned up and customers wronged to receive justice but your first couple post came across as if they were written by a, well,- a lawyer speaking to his paralegal.

    Maybe a more tactful approach?

    Slam just cause he doesn't talk like a heat guy doesn't mean he's a bad guy, he is just asking a simple question and people are giving him grief.
    Gary Wilson
    Wilson Services, Inc
    Northampton, MA
    gary@wilsonph.com
    Gordyethicalpaul
  • Tinman
    Tinman Member Posts: 2,808
    I agree with @GW, some times we come across as the judge, jury, and executioner.
    Steve Minnich
    Gordy
  • Jamie Hall
    Jamie Hall Member Posts: 23,162
    I have to admit that my reaction to the initial post was -- oops. Here's a disgruntled homeowner looking to sue some one. Given the clarification -- might not be a bad gig. Except that I'm not registered or licensed for anything in New Jersey...
    Br. Jamie, osb
    Building superintendent/caretaker, 7200 sq. ft. historic house museum with dependencies in New England
  • EzzyT
    EzzyT Member Posts: 1,294
    I’ve never been an expert witness but have given my input and related info on situations that we’re settled out of court.
    @307TurboFire private message me or you can reach me at 201-887-8856. I am located in northern NJ.
    E-Travis Mechanical LLC
    Etravismechanical@gmail.com
    201-887-8856
    rick in AlaskaSuperTech