Barbara Ann Tudyman - Page 27

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          epoxy into the cracks.  Respondent attempts to minimize the fact              
          that Lewis said that the foundation was not sound, that the house             
          appeared to be rolling off its foundation, and that a foundation              
          should be replaced if it has more than 20 cracks.  The foundation             
          in petitioner's home had 25 cracks after the earthquake.                      
          Petitioner points out that Lewis worked for CMA, which had been               
          retained by the Homeowners' Association.  These facts lead us to              
          give Lewis’ opinion less weight.                                              
               Lewis and Graham said that the first floor of petitioner's               
          home was not level when it was built.  We disagree.  Hise                     
          testified that the floors were level when he inspected the house.             
          Barrett had to rehang several of the doors, which shows that the              
          Graham & Kellam report erred in stating that all of the doors fit             
          and were plumb.  Halpin concluded that the earthquake caused                  
          petitioner's floors to be out of level.  We agree.                            
               Halpin believed that an epoxy injection would be                         
          insufficient and that the foundation needed to be replaced.                   
          Graham is a structural engineer and is better qualified to                    
          evaluate the foundation than Halpin.  While Halpin’s overall                  
          testimony was credible, he is not an engineer and is less                     
          knowledgeable about foundations than Graham.                                  
               Respondent questions whether Hise did a thorough                         
          investigation for his $200 fee.  Respondent says that Hise failed             
          to adequately inspect the foundation and report on its condition.             
          Respondent’s criticism of Hise is at best speculative.                        

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Last modified: May 25, 2011