1/28/2011· Construction
Construction Expert Witness Practice
By: Wayne Baruch
We all find ourselves in legal disputes from time to time.
By: Wayne Baruch
Tel: (908) 359-3748
Email Mr. Baruch
Website: www.artisansgroup.biz.
Owners are most often "taught" to rely on:
Merchants across industries may be new to the business or perhaps using the business as a stopgap measure, and as a result, do not have the same commitment as a long-term member of that business community.
To help combat illegal, unprofessional behavior between businesses and consumers, most states have enacted laws, primarily focusing on "consumer" fraud. While some have "delayed payment" provisions, consumer protection acts typically fail to recognize that merchants are also consumers, who may be victims of unscrupulous consumers.
Fraud is generally defined in the law as an intentional misrepresentation of material existing fact made by one person to another with knowledge of its falsity and for the purpose of inducing the other person to act, and upon which the other person relies with resulting injury or damage. Fraud may also be made by an omission or purposeful failure to state material facts, which nondisclosure makes other statements misleading. (See Appendix I)
The strategy in construction projects (and any other business relationship) to avoid conflict, acrimony, and especially a crime like fraud is to foster good understandings , expectations, communications, and mutuality.
Consumer fraud in construction has a similar presumption, but with a few twists, for example:
These and numerous other scenarios offer opportunities for either party to coerce, deceive, or otherwise cheat another party.
Candid, honest communication between the parties must include existing conditions, project scope, goals, price, budget, logistics, time frames, aesthetics, durability, code compliance, safety, and the parties' credentials, among other details. All parties need to share objective, accurate answers to questions like:
Wayne Baruch, is a skilled and accomplished Designer, Craftsman, and Project Manager with a long track record of successful on-time, on-budget completion that achieves win-win client and vendor relationships. His company, Artisans Group, LLC, is a full-service Remodeler that specializes in Older Buildings (from the late 1700's), Repairing Structural, Bug and Water Damage.
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1/28/2011· Construction
Construction Expert Witness Practice
By: Wayne Baruch
We all find ourselves in legal disputes from time to time.
12/11/2015· Construction
Modular Cabinet Systems Retail Store Fixtures: Injuries from Improper Installation
By: Michael Panish
I have been the retained expert witness by both the plaintiff and defendant to determine the causes of a variety of significant injuries that have happened as a result of improper cabinet and millwork installation practices. In most claims, if product abuse or deferred condition was not the reason for the injury, poor installation practices that have omitted required hardware was to blame. Architectural millwork injuries have occurred repeatedly in shopping centers and malls, hotels, hospitals, airports, and offices throughout the country. Casinos and restaurants are also routinely the location of significant cabinetry related failures leading to serious injuries. Many offices and industrial buildings that utilize modular furniture have had employees injured by improper or completely unattached components. In my other articles, improperly attached architectural millwork has been discussed. Heavy mirrors and headwalls have fallen upon hotel guests while they were asleep in bed. Generally, these failures occur due to lack of appropriate fasteners, missed structural connections, or product tampering.
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Who likely should be blamed for the blackish mold growth found at this new three-bedroom, two-bath apartment in San Jose, California? Unfortunately, landlords often rush to accuse their tenants of generating too much "lifestyle moisture". In many cases, such assessments are both inaccurate and unfair.