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Re: BORPELS and residential room additions-the more to it

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There just has to be more to this. 

> contractor was found liable ( but not the engineer ) . The owner
> tried to get revenge by using BORPELS
Revenge??? This really doesn't make sense. Owner brings suit against 
contractor and wins. Then owner brings _second_ suit to settle a matter 
which has already been settled? I don't think so, not even in California. 
There might be a subrogation action against the engineer by the 
contractor's insuror, but not the owner.

> engineer has spent over $100,000 on legal fees and his own experts.

OK, defense so far amounts to 100 grand, so plaintiff has likely spent 
half that much or more. (If they haven't, defense counsel is ripping his 
client off.) It's a real stretch imagining how the damages to a 
residential addition could even involve half that much, if there was no 
failure. Plaintiff lawyers don't work for revenge, they work for a piece 
of the recovery, so they don't spend $50000 to recover $30000. At a 40% 
contingency fee they'd need to recover $125000 just to break even. The 
arithmetic doesn't reflect problems with an addition--more like a whole 
house. 

I'm also a little puzzled over the BORPEL action. According to previous 
posts they seem to be acting as advocate for plaintiff. Government 
agencies usually have enforcement powers as is proper, but individual 
advocacy is really a no-no. What is their position? Are they representing 
the owner? If so who's paying for it?  Also odd that the penalty and the 
BORPELS expert's report get released before the hearing. These are two 
major irregularities on the part of a government body. Investigations are 
supposed to be confidential, and the thought of announcing a penalty 
before a verdict is too weird. The California attorney general's office 
should have something to say about this. 

Another thing: Registration boards don't hand out 4 year suspensions for 
procedural violations. I'd expect action like this for a situation 
involving serious neglect involving possible injury. What exactly is the 
engineer alleged to have done? Has the BORPELS expert done anything more 
than carp or is there proof that the engineer's action led to enough 
damages to warrant 100-200 grand on a suit.

There are still some pieces missing.

Christopher Wright P.E.    |"They couldn't hit an elephant from
chrisw(--nospam--at)skypoint.com        | this distance"   (last words of Gen.
___________________________| John Sedgwick, Spotsylvania 1864)
http://www.skypoint.com/~chrisw