Preview
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1 Todd A. Jones (Bar No. 198024)
tjones(^archemorris.com
2 Gregory K. Federico (Bar No. 242184)
gfederico(^archemorris.com
3 ARCHER NORRIS
A Professional Law Corporation
4 301 University Avenue, Suite 110
Sacramento, Califomia 95825-5537
5 Telephone: 916.646.2480
Facsimile: 916.646.5696
6
Attomeys for Defendants and Cross-Defendants
7 RICHARD KIRK RUYBALID, individually, and
dba CA CONSTRUCTION
8
SUPERIOR COURT OF CALIFORNIA
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COUNTY OF SACRAMENTO
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RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450
12 ABBOTT,
DECLARATION OF MIKE MCGUIRE IN
13 Plainfiffs, SUPPORT OF DEFENDANTS RICHARD
KIRK RUYBALID, individually, and dba
14 CA CONSTRUCTION REQUEST FOR
EVIDENCE CODE § 402 HEARING
15 RONALD PAUL BRITSCHGI, et al.. REGARDING FOUNDATION FOR THE
OPINIONS OF PLAINTIFF'S EXPERT
Cd 16 Defendants. ROBERT DONALD WEAHUNT, JR,
o 17 Trial: January 18, 2011
Time: 8:30 a.m.
18 Dept: 11
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Acfion Filed: September 24, 2007
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AND RELATED CROSS-ACTIONS.
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22 I, the undersigned hereby declare as follows:
23 1. At all times relevant hereto I have been an attomey licensed to practice law in the
24 State of Califomia and an attomey with the law offices of Archer Norris, counsel of record for
25 defendants herein. As such, I have personal knowledge ofthe files as maintained in our offices i
26 the above captioned matter and ofthe documents therein.
27 2. Attached hereto as Exhibit "A" are tme and correct copies of excerpts of the expert
28 deposition testimony of Plaintiffs' expert Robert Donald Weahunt, Jr., taken April 24, 2009, in
NIC341/1079615-I
DECLARATION OF MIKE MCGUIRE IN SUPPORT OF DEFENDANTS' REQUEST FOR EVIDENCE CODE
SECTION 402 HEARING AS TO PROPOSED TESTIMONY OF PLAINTIFFS' EXPERT WEAHUNT
m
1 this matter and as maintained in our offices.
2 3. Attached hereto as Exhibit "B" are tme and correct copies of excerpts ofthe expert
3 deposifion testimony of Plainfiffs' expert Robert Donald Weahunt, Jr., taken January 12, 2011 in
4 this matter and as maintained in our offices.
5 I declare under penalty ofperjury under the laws ofthe State ofCalifomia that the
6 foregoing is tme and correct and made upon personal knowledge. Executed this 21st day of
7 January, 2011 at Sacramento, Califomia.
8
9 vlike McGuire
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N1C341/1079615-1
DECLARATION OF MIKE MCGUIRE IN SUPPORT OF DEFENDANTS REQUEST FOR EVIDENCE CODE
SECTION 402 HEARING AS TO PROPOSED TESTIMONY OF PLAINTIFFS' EXPERT WEAHUNT
EXHIBIT A
Robert Donald ^" a h u n t , Jr. A p r i l 24, 2009
1 3
SUPERIOR COURI OF THE STATE OF CALIFORNIA
CODNTY OF SACRAMENTO 1 INDEX OF EXAMINATION
RODKEt ABaoTT, FWRENTINE 2
ABBOTT, 3 WITNESS: ROBERT DONALD WEAHUNT, JR
PlaintiKs, 4 EXAMINATION PAGE
CASE NO 07AS04450
vs 5 By Mr. Fedenco 6
ROHAID PAUL BRITSCHGI. o t a l . , 6 By Mr Lundgren 71
Defendants. 7 By Mr. Sopp 233
AND REUTED CROSS-ACTIONS 8 By Mr. Federico 252
9 By Mr. Lundgren 261
DEPOSITION OF 10 By Mr Sopp 269
ROBERT DONALD WEAHUNT, JR. 11 By Mr. Lundgren 276
12 By Ms. Finelli 277
A p r i l 2«, 2009
9.15 3 m. 13 By Mr. Lundgren 280
655 U n i v e r s i t y Avenue 14 By Mr. Sopp 284
Suite 225
Sacramento, C a l i f o r n i a 15 By Mr. Federico 288
16 By Mr. Lundgren 289
Teresa C McKinney, CSR-10CI89 17
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1 APPEARANCES OF COUNSEL 1 INDEX TO EXHisrrs
2 For (ho Plaintiffs 2
3 LAW OFFICE OF STEPHANIE J FINELLI 3 Exhibil Description Paga
STEPHANIE J FINELLI. ESQ 4
4 Suits SOO 5 EX 60 Notica of Taking Expert Witness
1007 71h Street Deposition on Oral Examination
fi and Request for Production of
5 Sacramenlo, California 9S814
Documents at Deposition 7
916443 2144
6 916443 1511 Fax 7
EX 61 Resume of Robert D Weahunt, Jr 11
7 g
For CA Construction EX 62 Conceptual Site Plan with Grading 71
3 9
ARCHER NORRIS EX S3 Photograph 81
9 GREGORY K. FEDERICO, ESQ 10
and EX 64 Group of miniature plans 92
10 TOOOA.JONES,ESQ 11
Suite 22S EX65A Photograph 100
11 655 University Avenuo 12
SacrBmenIo, California 95625 EX6SB Photograph 100
13
12 916646 2480
916 646 5696 Fax EX 66 Photograph 100
14
13 EX 67 Photograph 100
14 For Ronald Bntschgi 15
15 LUNDGREN & REYNOLDS, LLP EXea Photograph 109
CRAIG N LUNDGREN, ESQ 16
16 Suite A EX 69 Photograph 110
424 2nd Street n
n Davis, California 95616 EX 70 Photograph 110
530 297 6030 18
18 530297 5077 Fax EX 71 Photograph 113
19
19 EX 72 Photograph 113
For Cadre Design, Inc
20
20 EX 73 Photograph 115
IVIALONEY, WHEATLEY, SOPP 8 BROOKS, LLP 21
21 RICHARD D SOPP, ESQ EX 74 Photograph 116
Sute24S 22
22 1004 River Rock Drive EX 75 Photograph 116
Folsom, California 95630 23
23 9169883857 EX 76 Undated typewritten letter to Ro 122
24 24
Also Present EX 77 (iflarch 26.2009 letter lo Stephanie
25 Ro Abbott 25 Finelli from Robert Weahunt 185
EXHIBIT, A
Robert Donald ' ^hunt, Jr. April 24, 2009
5 7
1 EX 78 Group of documents from CSLB 1 deposition taken twice before Are you familiar with
website, Michie's Legal Resources
2 website, Construction Testing & 2 (he ground rules for a deposition or would you like m e
Engineering, Inc., County of 3 to go over those for you?
3 Sacramento Building Inspection
Division 189 4 A I'm familiar.
4 5 Q Is there any reason today you cannot give
EX 7S Owner-Builders Beware document
5 CSL8 19S 6 your best testimony?
6 EX 80 Sacramento County Code Sections 7 A No
Applicable to Visibility
7 Obstnidions at PubSc Streets 8 Q I'm going to show you here marked as Exhibit
and Pnvate Dnveways 199 9
8
EX 81 AlJbott Residence Estmate for 10 MR FEDERICO Actually, let's go off for a
9 Repairs 200 11 second
10 EX 82 Email chain between Skip and
James Lee 206 12 [Discussion off the record ]
11 13 [Exhibit 60 was marked for identification].
EX 83 City of Coronado Pubic Handout
12 #12 Sloped Dnveways 209 14 BY MR FEDERICO
13 EX 84 City of Coronado Engmeering & 15 Q. I've handed you what's been marked as Exhibit
Project Development Department
14 Memorandum 211 16 6 0 Do you recognize that documeni?
15 EX 85 Pnntout of Intemet forum 17
discussion titled "max Dnveway A Yes, 1 do
16 Slope" 211 18 Q So you've reviewed lhat document before?
17 EX 86 Email from Jody Hashlgami lo Skip 212
18 19 A Yes.
EX 87 Document from Sacramento Valley
Building Officials tHIed "Code 20 0 On Page 2 of that document there's a list of
19 Review Committee" 214
20 21 documents and items that 1 requested that you bring with
EX 88 Document from Arcliitectural
Engineenng Computer Services 22 you to the deposition if you were tn possession of any
21 regarding ramp slopes 216
22 EX 89 Proposal from CA Construction 258 23 Have you reviewed that list?
23 EX 90 Ptiotograph 289 24 A Yes
24 25 Q Do you have any documents responsive to those
25
6 8
1 DEPOSITION OF ROBERT DONALD WEAHUNT, JR 1 requests?
2 April 24,2009 2 A Yes
3 3 Q Can you tell me what you brought to the
4 ROBERT DONALD WEAHUNT, JR.. 4 deposition'
5 having been firsf duly swom, testifies as follows. 5 A. A book called California Construction Law
6 EXAMINATION 6 Manual which 1 referred to, some telephone numbers of
7 BY MR FEDERICO. 7 people 1 have spoken with, a conceptual site design by
8 Q. Good morning, Mr Weahunt My name is Greg B Robin Lee, a landscape architect, a series of photo-
9 Fedenco. and 1 represent a company called CA 9 graphs showing damages to Ms. Abbott's home, a rough -
10 Construction in this matter Have you ever had your 10 1 emphasize "rough" - estimate of what 1 think It would
11 deposition laken before? 11 take to correct the problem If, in fact, it can be
12 A Yes 12 corrected
13 Q About how many times? 13 A discussion by the - this is actually
14 A Twice, 1 think Maybe three times 14 Sacramento County Code Secttons for talking about
15 Q Can 1 have you state your full name for the 15 driveways, some con-espondence between myself and Robin
16 record? 16 Lee, email correspondence, a letter of transmittal from
17 A Robert Donald Weahunt, Jr. 17 an architect who 1 often worked with, AEC Sen/ices,
18 Q And your address as well? 18 discussing domestic- 1 mean discussing dnveways and
19 A. 47 - well, my office address is what 1 use 19 dnveway designs What's this correspondence? Thists
20 - 4777 Sunnse Boulevard, Suite A, Fair Oaks, 20 from Jodie She mamed some guy with a really weird
21 California 95628 21 last name
22 Q Is that the best address then in terms of 22 THE w r r N E S S How do you say Ihal?
23 mailing things to you? 23 MS FINELLI "Hashlgami"
24 A Yes. 24 THE WITNESS "Hashlgami," however you say
25 Q So you had indicated that you had your 25 that - talking about Sacramento County requirements for
Robert Donald "" ahunt, Jr. April 24, 2009
9 11
1 grading permits, a printout from California Contractors 1 suggest that we -
2 - 1 mean fhe Contractors State License Board, CSLB, on 2 MR. FEDERICO. We can go off the record.
3 owner/builders and owner/builder liabilities, a dis- 3 [Discussion off the record J
4 cussion from the California Valley Building Officials on 4 MR LUNDGREN. Would you like me to go
5 egress from dwelling units to the public way, and a 5 through these while you -
6 discussion about driveway maximum slopes, et cetera; the 6 MR. FEDERICO- Sure. 1 appreciate lhat.
7 same document that you just handed me. Exhibit 58 7 I'm going to mark this here as Exhibit 61
8 Conespondence between mryself and Flo Abbot, 8 [Exhibit 61 was marked for identification ]
9 some con-espondence between myself and Abbott's attomey 9 MS. FINELLI- 1 just had a quick question I'd
10 Stephanie Fellini (sic) 10 like to ask him Let me just go off for a second I'll
11 MS FINELLI •Finelli" 11 be right back
12 THE WITNESS What the heck is this"' A 12 MR. FEDERICO. Sure
13 notice from Ms Fellini (sic) on my deposition, another 13 [Recess taken ]
14 discussion about maximum dnveway slopes that comes from 14 BY MR FEDERICO
15 a website, www engineeringtips com; a pnntoutfromthe 15 Q. Mr. Weahunt, we took a break and you had some
16 City of Coronado once again on dnvevi/ays and driveway 16 conversations with the attomey that retained you. What
17 slopes, some of the pages of the Abbott's - ifs a 17 did you guys talk about?
18 reduced size of plans from the Abbott's residence, and 18 A We talked about the owner/butlder responsi-
19 some more correspondence between myself and Ms. Fellini 19 bilities in a project. She was refemng to that
20 (SIC) - 20 document which 1 gave you which is a printout from the
21 MS FINELLI. "Finelli" 21 Contractor's Slate Licensing Board which talks about
22 THE WITNESS. - "Finelir - and some 22 owner/builders and owner/builder's responsibility.
23 correspondence from Construction Testing Engineenng, 23 Q While we're on lhat topic, what Is the
24 Inc wrho did some visual obsen/ations at that job at the 24 responsibility of an owner/builder of a single family
25 Abbott's residence: some correspondence - this must be 25 home construction project?
10 12
1 the same thing, oh, this is some building inspection 1 A. You know, it's actually interesting You
2 notes from the Job, and 1 believe - and then copies of 2 know, for thirty something years, 1 have worked with
3 all the various depositions Do you want to go through 3 ovmer/builders. The name of my company Is the Owner
4 those? 4 Builders Center I've been teaching house building
5 BY MR FEDERICO 5 classes since 1982 actually.
6 Q When 1 say names, have you reviewed 6 An owner/builder is a person who wants lo be
7 Florentine Abbott's deposition? 7 involved tn the building of their home pnmanly because
8 A. Yeah, 1 read everybody's depo- well, no, 1 8 Ihey want fo have some input Into Ihe decision making
9 haven't read everyone's deposition 1 read Abbotts' 9 process California and various Junsdictions don't
10 depositions 1 read the foundation contractor's 10 require thai Ihe plans be definitive on owner- on
11 deposition 1 read the deposition from the contractor's 11 residential construction. In commercial construction
12 peer review guy. What was his name*? Oh, Don Marlnvich 12 the plans are absolutely definitive in minutia on whaf
13 And 1 believe it was Pete somebody, the CA Construc- 13 is required
14 tion's depositions, yeah And 1 believe that's it. 14 But in a residential project, as an example.
15 yeah 15 there is no plumbing design, there is no electrical
16 Q So that compnses your entire job file for 16 design It shows where the plugs are, but doesn't show
17 this case? 17 circuitry. There's no mechanical design There's no
18 A Yeah, 1 think so 18 design showing, you know, how many registers you have to
19 Q Are these onginal copies? 19 have in each room No design showing how much retum
20 A Yes. 20 air you need to have, that sort of thing
21 Q Are you willing to - we're going to need to. 21 So the fact Is that a lot of people who
22 1 guess, copy those documents 22 choose to be owner/builders want to do so so lhat they
23 MR FEDERICO- I'm trying to think of Ihe 23 are not in this adversarial relationship virith a general
24 best way to do this. Just attach it all as one exhibit? 24 contractor If you and 1 signed an agreement to buikl
25 MR. LUNDGREN- Well, you know whaf 1 would 25 your house for a set amount of money, as soon as we sign
Robert Donald V hunt, Jr. April 24, 2009
13 15
1 that agreement our relationship turns from friendly to 1 It's nol your job to tell Ihe plumber how lo
2 adversarial because you want- ifs Ihe nature of 2 plumb a house It's nol your job lo tell the
3 business You want to maximize your benefit from our 3 electrician how lo wire the house. It's your job to
4 relationship, and I want to maximize my benefit from our 4 answer questions When one of Ihe subcontractors comes
5 relationship. So it makes it adversarial. 5 to you and needs information, it's your job to then go
6 So It's better fo be the owner/builder where 6 out and get lhat information for them You're basically
^ you are actually controlling the money on the building 7 a facilitator
8 project Ifyou read infonmation thatthe California 8 Q. What about in the instance of when a person
9 State License Board issues, what theyre refernng to is 9 is building their home and decides not to hire a general
10 a person who is going lo either physically build Ihe 10 contractor on the project? What are the responsi-
11 home themselves or who is going to hire employees to 11 bilities of an owner/builder at that time">
12 build the home. That is not the philosophy of the Owner 12 MS. FINELLI: HoM on one second Let me
13 Builder Center. 13 make an objection that it's an incomplete hypothetical.
14 The Owner Builder Center's philosophy Is you 14 You can answer
15 as the owner should control your own money, that you 15 THE WITNESS: Hire a general contractoi?
16 hire professionals to do the actual individual tasks 16 Well, see a general contractor is also the - serves in
17 that have to be done You hire a foundation contractor. 17 the same role as an owner/buiIder A general contractor
18 You hire a framing contractor. You hire a plumbing 18 IS essentially an administrator. He coordinates the
19 contractor You hire the HVAC contractor, electncal 19 job. Thai's what his job to do is to be a coordinator
20 contractor and all of the other sub specialties that it 20 So you could hire me to coordinate your job
21 takes to put the job together 21 I could be your attomey in fact. And that's what a
22 And you basically then, because you're the 22 general contractor is A general contractor is not a -
23 owner/builder, you gel to be Involved in making 23 well, typically we are mechanics I mean, I was a
24 decisions as to the quality of the matenals that are 24 carpenter before 1 became a general contractor But ttie
25 chosen You get to make decisions about the, you know. 25 fact I'm a carpenter is not what makes me a general
14 16
1 finishes and all of those kinds of things lhat most 1 contractor. What makes me a general contractor is my
2 people are interested in doing 2 ability lo coordinate and bnng the pieces together to
3 Q So dunng construction then, what role does 3 build a house
4 the owner/builder play once they contracted - assuming 4 When you hear a name like Pulte Homes, well,
5 they contracted with license contractors'' 5 Mr. Pulte is not out there with any tools in his hands,
6 A. Most of Ihe time the owner/builders - when I 6 I guarantee you Mr Pulte is just a facilitator lhat
7 tell people their job as an owner/builder is to do 7 bnngs all the pieces together to build a home or homes
8 scheduling, to do. you know, obviously ordenng 8 BY MR FEDERICO:
9 materials and that kind of thing, you know, in a timely 9 Q. So this Is - you mentioned this facilitator
10 fashion, making decisions and kind of just coordinating 10 role. This is the philosophy you teach at the Owner
11 all the subs 11 Builder Center, is that correct?
12 Q. What about supervision? 12 A. Uh-huh.
13 A You know. I tell my clients that you're going 13 Q Are there other interpretations of responsi-
14 to spend somewhere between ~ I mean your goal is six 14 bilities of an owner/builder on a project other than
15 months, but realistically It's going lo take nine months 15 what you teach at the Owner Builder Center?
16 to build this house You can aniiapate you're going to 16 A No I think there are some misconceptions,
17 spend twenty hours or so working on this job every week 17 some prejudiaai misconceptions aboul what the owner/
18 Your time at the jobsite is interesting In a PBS kind of 18 builder is because people somehow think if somehow you
19 way 19 acl in Ihe capacity of an owner/builder somehow that
20 It's interesting to watch Ihe plumbers and 20 makes you a mechanic That's ndiculous
21 how they lay out the plumbing and what have you, but you 21 A mechanic - the fact is most people who
22 serve no use^l function by hanging around at the 22 have contractor's licenses are in fact mechanics You
23 jobsite because, first of all, you don't know what the 23 know, 1 had a guy in my office yesterday who worics with
24 hell you're doing You don't know what you're looking 24 a general contractor and he actually manages Ihe
25 al You don't know anything about It 25 contract, this particular contractor's business, because
Robert Donald V hunt, Jr. April 24, 2009
17 19
1 the contractors are notoriously not good business 1 that's accepted in the industry''
2 people. 2 A, 1 really don't understand your question, so
3 1 mean, it's the Peter pnnciple. You're a 3 -
4 good carpenter Then they make you superintendent or 4 MS FINELLI Then ask him to rephrase it or
5 foren\an Eventually you go out and get a license and 5 re-ask it
6 now all of a sudden you've changed your job title 6 BY MR FEDERICO-
7 You're no longer a mechanic You're no longer a 7 Q So for construction of a single family home,
8 carpenter You're now a business guy You have 8 what IS the standard of care for an owner/builder?
9 relationships, you have taxes, reports You have this. 9 MS. FINELLI Objection, vague
10 that, all of those administrative- and that's where 10 THE WITNESS Yeah, that is vague 1 don't
11 most contractors fail is in the ability to manage 11 really get what you're asking me.
12 projects. 12 BY MR FEDERICO.
13 Q. You talk about these misconceptions, preju- 13 Q Well, you just said there's conventions in
14 dicial misconceptions What are tiiose. other than what 14 the industry, standards of care that govern a plumber.
15 you just talked about? 15 A To each specific thing
16 A 1 think when you read the whole - if you 16 Q Each trade?
17 read the Contractor's State License Board, the whole 17 A. Yeah, to each specific practice, each
18 tenure of their statements is, you know. "Beware, don't 18 specific trade, each specific Issue
19 be an owner/builder You take on all this risk You 19 Q So my question is Then for an owner/
20 have all this liability." The fact is liability doesn't 20 builder, what is that standard of care?
21 change one bit. Your liability as an owner - if you, 21 MS. FINELLI- Vague
22 in facL hire me to build a house for you, you know, you 22 THE WITNESS- You know, once again, I'm not
23 are just simply appointing me to act In your place to 23 trying to be difficult here, but what you're saying
24 represent you 24 doesn't make any sense
25 And if 1 made bad decisions or If 1 go out 25 BY MR FEDERICO.
18 20
1 and lose a bunch o f - 1 mean, whatever disastrous things 1 Q Is there a standard of care for an owner/
2 1 do, it's still the responsibility ultimately lies on 2 builder?
3 the owner The contractor has the responsibility to be 3 A Is there -
4 professional But 1 mean, the ultimate financial 4 Q Is It your opinion that there is no standard
5 liability always is lo the owner and to the owner's 5 of care?
6 property. That's what backs everything up from, 1 mean. 6 A There's no standard of care 1 mean, if 1 go
7 laws and what have you 7 out and hire people to wori< for me, 1 guess there's a
8 Q. Are the responsibilities of Ihe owner/ 8 standard of care that I'm going to pay the bills, make
9 builder, are they codified anywhere? 9 decisions in a timely fashion I'm going to, you know,
10 A. No. There are - there's a lot of construc- 10 do everything 1 can to facilitate the job getting done
11 lion that is by convention and by - In fact, 1 was 11 I'm not going to do something thafs going to
12 reading in Acret's book where he talks about ifyou hire 12 delay the job. 1 mean that - yeah, that's the standard
13 a - if you hire somebody to like dig utility trenches 13 of care, is that the owner's responsibility is to make
14 for you, but you don't specify lhat you're going to 14 decisions in a timely fashion, to - you know, virhatever
15 backfill those trenches, you're going to dig the 15 information is requested to provide it if requested and
16 trenches and then you're going lo put conduits, 16 to, you know, pay the bills That sort of thing
17 whatever, utilities in the trenches, but you don't 17 Q How about approving, you know, particular
18 specify that you're going to backfill, there's still the 18 trades of work on a project?
19 presumption that that is a normal part of the job and 19 A It's not the owner/builder's responsibility
20 you would, in fact, also backfill the trenches So a 20 to oversee or manage the actual implementation of the
21 lot of construction is based on those conventions 21 trades man
22 Q Standard practices'? 22 Q That wasn't my question Not about imple-
23 A Standard practices, yes Thank you 23 mentation, but about approving Let's say a foundation
24 Q So then If It's not codified, so what are the 24 contractor comes in and pours the foundation Whose
25 conventions, standard of practice for a owner/builder 25 responsibility is it to approve that foundation so the
Robert Donald V hunt, Jr, April 24, 2009
21 23
1 project can move on to the next phase? 1 A No Well, 1 did for a little while, then
2 A ^ Typically what happens is that the subsequent 2 joined the Navy 1 got out of the Navy in 1969, and 1'
3 woriters - so the foundation contractor pours the 3 became a union carpenter
4 foundation. Then Ihe guy who follows him would be, you 4 0 So from 1969 to 1977 you were a union
5 know, next. The framing contractor who's going to come 5 carpenter"'
6 In and frame the floor or what have you. And he - you 6 A Yes.
7 know. It's his responsibility then to say if it's okay 7 Q. Did you work for one company? Did you have
8 or if it's not okay 8 more than one job? Take me through a -
9 There's also of course the building officials 9 A Well, as a union ~ as a carpenter, as it is
10 virho go out and do the inspections to verify the wori< 10 today, you wori< on this job. Then you go woric on lhat
11 meets with the building plan. The owner/builder doesn't 11 job Then you go wori< on that job. So 1 don't know how
12 have the knowledge to be able to actually, 1 mean lo 12 many jobs 1 worked on You know, dozens.
13 view the work and say if it's right or wrong. You know, 13 Q. So you didn't have one set employer. It was
14 he doesn't have that information. 14 just ~
15 Q Well, how does that then jive with the 15 A. No, you - that's not nonnal
16 declaration that the owner/builder has lo sign with the 16 Q Then during that time frame 1969 to 1977, did
17 County when they have to pull the pennits for the 17 you do anything else besides the union carpentry work?
18 project? 18 A Lots of stuff.
19 A. The declaration they sign when pulling 19 Q What olher types of stuff?
20 pennits talks about if you're hinng employees, not if 20 A Well, 1 parted my house off.
21 you're hinng contractors. All that is about is ifyou 21 Q Woric related-
22 decide to become an employer or if you're going to go 22 MS FINELLI Lel me make a belated
23 out and hire laborers to come in and do the work for 23 objection That was overbroad
24 you, all of a sudden that changes your relationship, you 24 BY MR FEDERICO-
25 know, from being just a project manager to being a, you 25 Q Work related, besides -
22 24
1 know - now all of a sudden you're the responsibte 1 MR. SOPP Ask him work related to construc-
2 person for the actual physical wori<. That's why you 2 tion.
3 hire license contractors. You could save money if you 3 BY MR FEDERICO
4 in fact go out and hire laborers as opposed to 4 Q Wort< related to construction
5 contractors 5 A You know, actually, 1 don't recall what 1 did
6 Q. So as a person who the pennit Is issued to. 6 in 1969-1977 specifically as far as work is concemed.
7 there's no responsibility on that person to ensure that 7 but 1 know that was my job It's what 1 did for a
8 the wori« IS done correctly? 8 living forty hours a week
9 MS FINELLI. Vague 9 MR FEDERICO Let's take a real quick break.
10 THE WITNESS. The person who you hire - you 10 [Recess taken]
11 hire professional contractors. You're nol hinng 11 BY MR FEDERIGO-
12 laborers. If you hire laborers, yes, then it would be 12 Q So you got your general contractor's license
13 your responsibility But if you hire contractors, the 13 in 1977 What did you do after you got your general
14 contractors are specialists and are supposed to be 14 contractor's license'' Did you go into business for
15 experts in their field of work 15 yourself?
16 BY MR. FEDERICO 16 A Yes-
17 Q. 1 got a little bit ahead of myself here, so 17 Q What kind o f -
18 I'll jump back. Looking at Exhibit 61 you've been a 18 A. Framino contractor
19 general contractor since 1977? 19 Q Framing contractor?
20 A Correct 20 A Uh-huh
21 Q What did you do before 1977? 21 Q How long did you do that?
22 A 1 was a carpenter 22 A. Off and on until 1992
23 Q When did you graduate from high school? 23 Q So here in 1984 you started the Owner Builder
24 A 1965 24 Center?
25 Q Did you go to college after high school'' 25 A Yes
Robert Donald V hunt, Jr. April 24, 2009
25 27
1 Q. So from 1984 to 1992 you were doing the woric 1 Q. What kind of stuff are you doing'
- 2 with the Owner Builder Center and some framing work? 2 A I've just finished a room addition for a guy
3 A Yeah 1 mean general contracting 1 built 3 1 mean it's been an evoluton of - the economic
4 spec houses 1 built apartment buildings. 1 built 4 situation has kind of forced me to diversify myself and
5 light commercial stuff. 1 did, you know - but my 5 get back into doing more constmction actvities 1
6 pnmary area of focus was as a rough, you know, framing 6 made my living many years doing constmction managemenl
7 contractor, as a general contractor. 7 You know, when - once 1 started the Ovmer Builders
8 But mostly - 1 mean, most guys are like 8 Center and started doing consulting, clients were coming
9 that 1 mean, a general contractor's license allows you 9 to me asking questions, and 1 started charging twenty-
10 to work and do carpentry or to do framing as a scope of 10 five dollars an hour 1 think at that time
11 that job. you know. But you can also do other parts of 11 Then 1 figured out you can't really make a
12 fhe job as long as you do at least two separale trades. 12 living teaching house building classes, so 1 started
13 Q Do you have any olher constmction licenses 13 doing constmction management. And thatwould bs
14 besides B - 14 assisting owner/builders in managing building projects.
15 A. No, just general contractor. 15 And 1 did that for a lot of years. Then 1 think it was
16 Q. Why did you start the Owner Builder Center'' 16 1980 something, 1S89.1988 - 1 forget - 1 realized
17 A. Do you want the philosophy of why 1 started 17 lhat you can make even more money by doing the financing
18 it? 18 on constmction projects So 1 really kind of got out
19 Q Sure 19 of actually doing the jobsite management into doing just
20 MS. FINELLI. Objection, overtjroad and vague. 20 constmction financing
21 You can answer. 21 And then now that the constmction financing
22 THE WITNESS. In 1982 I'm sitting al home - 22 IS dried up. I've taken - I've kind of gone back again
23 must have been a rainy day - and read an ad in the 23 to doing construction management So I'm doing those
24 newspaper They were looking for somebody to teach a 24 kinds of projects 1 have several projects I'm woridng
25 house buikling class at Solano Community College, and 25 on or in the worics I've only got one house actually
26 28
1 were interviewing for it So 1 applied for the job and 1 under contract I've got another that will be under
2 got hired. So 1 started ~ 1 did that, and 1 thought it 2 contract pretty quickly
3 was really fun, interesting, and so 1 taught there 3 Q Are you the only instmctor at the Sacramento
4 Then 1 applied al Santa Rosa Junior College 4 Owner Builder Center''
5 and 1 got hired there also to teach a house building 5 A. Yes.
6 class Then 19841 got in contact with the California 6 Q And 1 see here you wrote a book or manual
7 State University Sacramento They hired me to teach a 7 called House Building Remodeling?
8 house building class there. And Ihen 1 also taught at 8 A Yes.
9 fhe University ofthe Pacific. You know, many, many 9 0 . The courses that you teach at the Owner
10 community colleges, what have you, and other places 10 Builders Center, Is it just one course that covers a
11 also 11 variety of topics, or are there separate individual
12 So then 1 was, you know - 1 think 1 started 12 topics?
13 a small consulting business on the side, and pretty soon 13 A No, today this is all evolved from the lime 1
14 1 realized it's a lol easier to sit around and talk to 14 was teaching at colleges until now. At colleges it was
15 people than to be out there humping and gnnding. 15 a whole semester course Now it's just a - 1 do like a
16 carrying lumber and all of that And so you know. 16 weekend seminar, workshop, whatever you call it It's
17 that's kind of how it evolved 17 all day Saturday, all day Sunday.
18 BY MR. FEDERICO: 18 We go through the building project starting
19 Q. Do you still do any spec homes today? 19 with talking about each phase of the wortcsite, work
20 A No, no I'm - nobody's doing spec homes 20 utility installation to, you know, construction
21 today. 21 managemenl And 1 talk about contract language, what
22 Q. Tme 22 your responsibilities are as an owner/builder, what
23 A. Unless the/re really stupid 23 things are typically going to cost you. what issues are
24 Q Are you doing any construction activities? 24 typically gomg to come up. Those sorts of things.
25 A. Yeah, actually, 1 am 25 Q So it's a comprehensive look at the process?
Robert Donald V hunt, Jr. April 24, 2009
29 31
1 A Yeah, yeah, it is 1 mean, I've had 1 manager, as consultant, the foundation contractor, and
2 thousands of students who have gone through my house 2 the excavation contractor Those all were - and the
3 building program who have built their home successfully 3 person who drew the building plans
4 Q. Do you get that manual as part of signing up 4 Q Do you know who was hired to excavate the
5 for a class? 5 project?
6 A Yes. 6 A. No.l don't
7 Q. Did Flo Abbott lake your course"' 7 Q But there were problems with that part of the
8 A You know. 1 don't specifically recall Flo 8 job?
9 sitting in my class, but 1 think she did take my class 9 A There's a problem If you do woric wrthout a
10 I'm pretty sure she did 10 plan If you don't have a plan and you go out there and
11 Q Looking at Ihe second page of Exhibit 61. 11 just start excavating or, you know, doing any portion of
12 your resume there, lhat discusses - the last sentence 12 the woric without a design, that's grossly negligent
13 in the first paragraph - 'Title 24. cost analysis, plan 13 Q. Is there any negligence on the part ofthe
14 review, and consulting are all available to support home 14 owner/builder on this particular project?
15 builders." These are sen/ices you provide through the 15 A No, 1 don't think so
16 Owner Buiklers Center 16 Q Why not?
17 A. Yes 17 A The owner/builder doesn't - is not a
18 Q Do you hav
Preview
r 1 Todd A. Jones (Bar No. 198024) tjones(^archemorris.com 2 Gregory K. Federico (Bar No. 242184) gfederico(^archemorris.com 3 ARCHER NORRIS A Professional Law Corporation 4 301 University Avenue, Suite 110 Sacramento, Califomia 95825-5537 5 Telephone: 916.646.2480 Facsimile: 916.646.5696 6 Attomeys for Defendants and Cross-Defendants 7 RICHARD KIRK RUYBALID, individually, and dba CA CONSTRUCTION 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 11 RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450 12 ABBOTT, DECLARATION OF MIKE MCGUIRE IN 13 Plainfiffs, SUPPORT OF DEFENDANTS RICHARD KIRK RUYBALID, individually, and dba 14 CA CONSTRUCTION REQUEST FOR EVIDENCE CODE § 402 HEARING 15 RONALD PAUL BRITSCHGI, et al.. REGARDING FOUNDATION FOR THE OPINIONS OF PLAINTIFF'S EXPERT Cd 16 Defendants. ROBERT DONALD WEAHUNT, JR, o 17 Trial: January 18, 2011 Time: 8:30 a.m. 18 Dept: 11 19 Acfion Filed: September 24, 2007 20 AND RELATED CROSS-ACTIONS. 21 22 I, the undersigned hereby declare as follows: 23 1. At all times relevant hereto I have been an attomey licensed to practice law in the 24 State of Califomia and an attomey with the law offices of Archer Norris, counsel of record for 25 defendants herein. As such, I have personal knowledge ofthe files as maintained in our offices i 26 the above captioned matter and ofthe documents therein. 27 2. Attached hereto as Exhibit "A" are tme and correct copies of excerpts of the expert 28 deposition testimony of Plaintiffs' expert Robert Donald Weahunt, Jr., taken April 24, 2009, in NIC341/1079615-I DECLARATION OF MIKE MCGUIRE IN SUPPORT OF DEFENDANTS' REQUEST FOR EVIDENCE CODE SECTION 402 HEARING AS TO PROPOSED TESTIMONY OF PLAINTIFFS' EXPERT WEAHUNT m 1 this matter and as maintained in our offices. 2 3. Attached hereto as Exhibit "B" are tme and correct copies of excerpts ofthe expert 3 deposifion testimony of Plainfiffs' expert Robert Donald Weahunt, Jr., taken January 12, 2011 in 4 this matter and as maintained in our offices. 5 I declare under penalty ofperjury under the laws ofthe State ofCalifomia that the 6 foregoing is tme and correct and made upon personal knowledge. Executed this 21st day of 7 January, 2011 at Sacramento, Califomia. 8 9 vlike McGuire 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N1C341/1079615-1 DECLARATION OF MIKE MCGUIRE IN SUPPORT OF DEFENDANTS REQUEST FOR EVIDENCE CODE SECTION 402 HEARING AS TO PROPOSED TESTIMONY OF PLAINTIFFS' EXPERT WEAHUNT EXHIBIT A Robert Donald ^" a h u n t , Jr. A p r i l 24, 2009 1 3 SUPERIOR COURI OF THE STATE OF CALIFORNIA CODNTY OF SACRAMENTO 1 INDEX OF EXAMINATION RODKEt ABaoTT, FWRENTINE 2 ABBOTT, 3 WITNESS: ROBERT DONALD WEAHUNT, JR PlaintiKs, 4 EXAMINATION PAGE CASE NO 07AS04450 vs 5 By Mr. Fedenco 6 ROHAID PAUL BRITSCHGI. o t a l . , 6 By Mr Lundgren 71 Defendants. 7 By Mr. Sopp 233 AND REUTED CROSS-ACTIONS 8 By Mr. Federico 252 9 By Mr. Lundgren 261 DEPOSITION OF 10 By Mr Sopp 269 ROBERT DONALD WEAHUNT, JR. 11 By Mr. Lundgren 276 12 By Ms. Finelli 277 A p r i l 2«, 2009 9.15 3 m. 13 By Mr. Lundgren 280 655 U n i v e r s i t y Avenue 14 By Mr. Sopp 284 Suite 225 Sacramento, C a l i f o r n i a 15 By Mr. Federico 288 16 By Mr. Lundgren 289 Teresa C McKinney, CSR-10CI89 17 18 19 20 21 22 23 24 25 2 4 1 APPEARANCES OF COUNSEL 1 INDEX TO EXHisrrs 2 For (ho Plaintiffs 2 3 LAW OFFICE OF STEPHANIE J FINELLI 3 Exhibil Description Paga STEPHANIE J FINELLI. ESQ 4 4 Suits SOO 5 EX 60 Notica of Taking Expert Witness 1007 71h Street Deposition on Oral Examination fi and Request for Production of 5 Sacramenlo, California 9S814 Documents at Deposition 7 916443 2144 6 916443 1511 Fax 7 EX 61 Resume of Robert D Weahunt, Jr 11 7 g For CA Construction EX 62 Conceptual Site Plan with Grading 71 3 9 ARCHER NORRIS EX S3 Photograph 81 9 GREGORY K. FEDERICO, ESQ 10 and EX 64 Group of miniature plans 92 10 TOOOA.JONES,ESQ 11 Suite 22S EX65A Photograph 100 11 655 University Avenuo 12 SacrBmenIo, California 95625 EX6SB Photograph 100 13 12 916646 2480 916 646 5696 Fax EX 66 Photograph 100 14 13 EX 67 Photograph 100 14 For Ronald Bntschgi 15 15 LUNDGREN & REYNOLDS, LLP EXea Photograph 109 CRAIG N LUNDGREN, ESQ 16 16 Suite A EX 69 Photograph 110 424 2nd Street n n Davis, California 95616 EX 70 Photograph 110 530 297 6030 18 18 530297 5077 Fax EX 71 Photograph 113 19 19 EX 72 Photograph 113 For Cadre Design, Inc 20 20 EX 73 Photograph 115 IVIALONEY, WHEATLEY, SOPP 8 BROOKS, LLP 21 21 RICHARD D SOPP, ESQ EX 74 Photograph 116 Sute24S 22 22 1004 River Rock Drive EX 75 Photograph 116 Folsom, California 95630 23 23 9169883857 EX 76 Undated typewritten letter to Ro 122 24 24 Also Present EX 77 (iflarch 26.2009 letter lo Stephanie 25 Ro Abbott 25 Finelli from Robert Weahunt 185 EXHIBIT, A Robert Donald ' ^hunt, Jr. April 24, 2009 5 7 1 EX 78 Group of documents from CSLB 1 deposition taken twice before Are you familiar with website, Michie's Legal Resources 2 website, Construction Testing & 2 (he ground rules for a deposition or would you like m e Engineering, Inc., County of 3 to go over those for you? 3 Sacramento Building Inspection Division 189 4 A I'm familiar. 4 5 Q Is there any reason today you cannot give EX 7S Owner-Builders Beware document 5 CSL8 19S 6 your best testimony? 6 EX 80 Sacramento County Code Sections 7 A No Applicable to Visibility 7 Obstnidions at PubSc Streets 8 Q I'm going to show you here marked as Exhibit and Pnvate Dnveways 199 9 8 EX 81 AlJbott Residence Estmate for 10 MR FEDERICO Actually, let's go off for a 9 Repairs 200 11 second 10 EX 82 Email chain between Skip and James Lee 206 12 [Discussion off the record ] 11 13 [Exhibit 60 was marked for identification]. EX 83 City of Coronado Pubic Handout 12 #12 Sloped Dnveways 209 14 BY MR FEDERICO 13 EX 84 City of Coronado Engmeering & 15 Q. I've handed you what's been marked as Exhibit Project Development Department 14 Memorandum 211 16 6 0 Do you recognize that documeni? 15 EX 85 Pnntout of Intemet forum 17 discussion titled "max Dnveway A Yes, 1 do 16 Slope" 211 18 Q So you've reviewed lhat document before? 17 EX 86 Email from Jody Hashlgami lo Skip 212 18 19 A Yes. EX 87 Document from Sacramento Valley Building Officials tHIed "Code 20 0 On Page 2 of that document there's a list of 19 Review Committee" 214 20 21 documents and items that 1 requested that you bring with EX 88 Document from Arcliitectural Engineenng Computer Services 22 you to the deposition if you were tn possession of any 21 regarding ramp slopes 216 22 EX 89 Proposal from CA Construction 258 23 Have you reviewed that list? 23 EX 90 Ptiotograph 289 24 A Yes 24 25 Q Do you have any documents responsive to those 25 6 8 1 DEPOSITION OF ROBERT DONALD WEAHUNT, JR 1 requests? 2 April 24,2009 2 A Yes 3 3 Q Can you tell me what you brought to the 4 ROBERT DONALD WEAHUNT, JR.. 4 deposition' 5 having been firsf duly swom, testifies as follows. 5 A. A book called California Construction Law 6 EXAMINATION 6 Manual which 1 referred to, some telephone numbers of 7 BY MR FEDERICO. 7 people 1 have spoken with, a conceptual site design by 8 Q. Good morning, Mr Weahunt My name is Greg B Robin Lee, a landscape architect, a series of photo- 9 Fedenco. and 1 represent a company called CA 9 graphs showing damages to Ms. Abbott's home, a rough - 10 Construction in this matter Have you ever had your 10 1 emphasize "rough" - estimate of what 1 think It would 11 deposition laken before? 11 take to correct the problem If, in fact, it can be 12 A Yes 12 corrected 13 Q About how many times? 13 A discussion by the - this is actually 14 A Twice, 1 think Maybe three times 14 Sacramento County Code Secttons for talking about 15 Q Can 1 have you state your full name for the 15 driveways, some con-espondence between myself and Robin 16 record? 16 Lee, email correspondence, a letter of transmittal from 17 A Robert Donald Weahunt, Jr. 17 an architect who 1 often worked with, AEC Sen/ices, 18 Q And your address as well? 18 discussing domestic- 1 mean discussing dnveways and 19 A. 47 - well, my office address is what 1 use 19 dnveway designs What's this correspondence? Thists 20 - 4777 Sunnse Boulevard, Suite A, Fair Oaks, 20 from Jodie She mamed some guy with a really weird 21 California 95628 21 last name 22 Q Is that the best address then in terms of 22 THE w r r N E S S How do you say Ihal? 23 mailing things to you? 23 MS FINELLI "Hashlgami" 24 A Yes. 24 THE WITNESS "Hashlgami," however you say 25 Q So you had indicated that you had your 25 that - talking about Sacramento County requirements for Robert Donald "" ahunt, Jr. April 24, 2009 9 11 1 grading permits, a printout from California Contractors 1 suggest that we - 2 - 1 mean fhe Contractors State License Board, CSLB, on 2 MR. FEDERICO. We can go off the record. 3 owner/builders and owner/builder liabilities, a dis- 3 [Discussion off the record J 4 cussion from the California Valley Building Officials on 4 MR LUNDGREN. Would you like me to go 5 egress from dwelling units to the public way, and a 5 through these while you - 6 discussion about driveway maximum slopes, et cetera; the 6 MR. FEDERICO- Sure. 1 appreciate lhat. 7 same document that you just handed me. Exhibit 58 7 I'm going to mark this here as Exhibit 61 8 Conespondence between mryself and Flo Abbot, 8 [Exhibit 61 was marked for identification ] 9 some con-espondence between myself and Abbott's attomey 9 MS. FINELLI- 1 just had a quick question I'd 10 Stephanie Fellini (sic) 10 like to ask him Let me just go off for a second I'll 11 MS FINELLI •Finelli" 11 be right back 12 THE WITNESS What the heck is this"' A 12 MR. FEDERICO. Sure 13 notice from Ms Fellini (sic) on my deposition, another 13 [Recess taken ] 14 discussion about maximum dnveway slopes that comes from 14 BY MR FEDERICO 15 a website, www engineeringtips com; a pnntoutfromthe 15 Q. Mr. Weahunt, we took a break and you had some 16 City of Coronado once again on dnvevi/ays and driveway 16 conversations with the attomey that retained you. What 17 slopes, some of the pages of the Abbott's - ifs a 17 did you guys talk about? 18 reduced size of plans from the Abbott's residence, and 18 A We talked about the owner/butlder responsi- 19 some more correspondence between myself and Ms. Fellini 19 bilities in a project. She was refemng to that 20 (SIC) - 20 document which 1 gave you which is a printout from the 21 MS FINELLI. "Finelli" 21 Contractor's Slate Licensing Board which talks about 22 THE WITNESS. - "Finelir - and some 22 owner/builders and owner/builder's responsibility. 23 correspondence from Construction Testing Engineenng, 23 Q While we're on lhat topic, what Is the 24 Inc wrho did some visual obsen/ations at that job at the 24 responsibility of an owner/builder of a single family 25 Abbott's residence: some correspondence - this must be 25 home construction project? 10 12 1 the same thing, oh, this is some building inspection 1 A. You know, it's actually interesting You 2 notes from the Job, and 1 believe - and then copies of 2 know, for thirty something years, 1 have worked with 3 all the various depositions Do you want to go through 3 ovmer/builders. The name of my company Is the Owner 4 those? 4 Builders Center I've been teaching house building 5 BY MR FEDERICO 5 classes since 1982 actually. 6 Q When 1 say names, have you reviewed 6 An owner/builder is a person who wants lo be 7 Florentine Abbott's deposition? 7 involved tn the building of their home pnmanly because 8 A. Yeah, 1 read everybody's depo- well, no, 1 8 Ihey want fo have some input Into Ihe decision making 9 haven't read everyone's deposition 1 read Abbotts' 9 process California and various Junsdictions don't 10 depositions 1 read the foundation contractor's 10 require thai Ihe plans be definitive on owner- on 11 deposition 1 read the deposition from the contractor's 11 residential construction. In commercial construction 12 peer review guy. What was his name*? Oh, Don Marlnvich 12 the plans are absolutely definitive in minutia on whaf 13 And 1 believe it was Pete somebody, the CA Construc- 13 is required 14 tion's depositions, yeah And 1 believe that's it. 14 But in a residential project, as an example. 15 yeah 15 there is no plumbing design, there is no electrical 16 Q So that compnses your entire job file for 16 design It shows where the plugs are, but doesn't show 17 this case? 17 circuitry. There's no mechanical design There's no 18 A Yeah, 1 think so 18 design showing, you know, how many registers you have to 19 Q Are these onginal copies? 19 have in each room No design showing how much retum 20 A Yes. 20 air you need to have, that sort of thing 21 Q Are you willing to - we're going to need to. 21 So the fact Is that a lot of people who 22 1 guess, copy those documents 22 choose to be owner/builders want to do so so lhat they 23 MR FEDERICO- I'm trying to think of Ihe 23 are not in this adversarial relationship virith a general 24 best way to do this. Just attach it all as one exhibit? 24 contractor If you and 1 signed an agreement to buikl 25 MR. LUNDGREN- Well, you know whaf 1 would 25 your house for a set amount of money, as soon as we sign Robert Donald V hunt, Jr. April 24, 2009 13 15 1 that agreement our relationship turns from friendly to 1 It's nol your job to tell Ihe plumber how lo 2 adversarial because you want- ifs Ihe nature of 2 plumb a house It's nol your job lo tell the 3 business You want to maximize your benefit from our 3 electrician how lo wire the house. It's your job to 4 relationship, and I want to maximize my benefit from our 4 answer questions When one of Ihe subcontractors comes 5 relationship. So it makes it adversarial. 5 to you and needs information, it's your job to then go 6 So It's better fo be the owner/builder where 6 out and get lhat information for them You're basically ^ you are actually controlling the money on the building 7 a facilitator 8 project Ifyou read infonmation thatthe California 8 Q. What about in the instance of when a person 9 State License Board issues, what theyre refernng to is 9 is building their home and decides not to hire a general 10 a person who is going lo either physically build Ihe 10 contractor on the project? What are the responsi- 11 home themselves or who is going to hire employees to 11 bilities of an owner/builder at that time"> 12 build the home. That is not the philosophy of the Owner 12 MS. FINELLI: HoM on one second Let me 13 Builder Center. 13 make an objection that it's an incomplete hypothetical. 14 The Owner Builder Center's philosophy Is you 14 You can answer 15 as the owner should control your own money, that you 15 THE WITNESS: Hire a general contractoi? 16 hire professionals to do the actual individual tasks 16 Well, see a general contractor is also the - serves in 17 that have to be done You hire a foundation contractor. 17 the same role as an owner/buiIder A general contractor 18 You hire a framing contractor. You hire a plumbing 18 IS essentially an administrator. He coordinates the 19 contractor You hire the HVAC contractor, electncal 19 job. Thai's what his job to do is to be a coordinator 20 contractor and all of the other sub specialties that it 20 So you could hire me to coordinate your job 21 takes to put the job together 21 I could be your attomey in fact. And that's what a 22 And you basically then, because you're the 22 general contractor is A general contractor is not a - 23 owner/builder, you gel to be Involved in making 23 well, typically we are mechanics I mean, I was a 24 decisions as to the quality of the matenals that are 24 carpenter before 1 became a general contractor But ttie 25 chosen You get to make decisions about the, you know. 25 fact I'm a carpenter is not what makes me a general 14 16 1 finishes and all of those kinds of things lhat most 1 contractor. What makes me a general contractor is my 2 people are interested in doing 2 ability lo coordinate and bnng the pieces together to 3 Q So dunng construction then, what role does 3 build a house 4 the owner/builder play once they contracted - assuming 4 When you hear a name like Pulte Homes, well, 5 they contracted with license contractors'' 5 Mr. Pulte is not out there with any tools in his hands, 6 A. Most of Ihe time the owner/builders - when I 6 I guarantee you Mr Pulte is just a facilitator lhat 7 tell people their job as an owner/builder is to do 7 bnngs all the pieces together to build a home or homes 8 scheduling, to do. you know, obviously ordenng 8 BY MR FEDERICO: 9 materials and that kind of thing, you know, in a timely 9 Q. So this Is - you mentioned this facilitator 10 fashion, making decisions and kind of just coordinating 10 role. This is the philosophy you teach at the Owner 11 all the subs 11 Builder Center, is that correct? 12 Q. What about supervision? 12 A. Uh-huh. 13 A You know. I tell my clients that you're going 13 Q Are there other interpretations of responsi- 14 to spend somewhere between ~ I mean your goal is six 14 bilities of an owner/builder on a project other than 15 months, but realistically It's going lo take nine months 15 what you teach at the Owner Builder Center? 16 to build this house You can aniiapate you're going to 16 A No I think there are some misconceptions, 17 spend twenty hours or so working on this job every week 17 some prejudiaai misconceptions aboul what the owner/ 18 Your time at the jobsite is interesting In a PBS kind of 18 builder is because people somehow think if somehow you 19 way 19 acl in Ihe capacity of an owner/builder somehow that 20 It's interesting to watch Ihe plumbers and 20 makes you a mechanic That's ndiculous 21 how they lay out the plumbing and what have you, but you 21 A mechanic - the fact is most people who 22 serve no use^l function by hanging around at the 22 have contractor's licenses are in fact mechanics You 23 jobsite because, first of all, you don't know what the 23 know, 1 had a guy in my office yesterday who worics with 24 hell you're doing You don't know what you're looking 24 a general contractor and he actually manages Ihe 25 al You don't know anything about It 25 contract, this particular contractor's business, because Robert Donald V hunt, Jr. April 24, 2009 17 19 1 the contractors are notoriously not good business 1 that's accepted in the industry'' 2 people. 2 A, 1 really don't understand your question, so 3 1 mean, it's the Peter pnnciple. You're a 3 - 4 good carpenter Then they make you superintendent or 4 MS FINELLI Then ask him to rephrase it or 5 foren\an Eventually you go out and get a license and 5 re-ask it 6 now all of a sudden you've changed your job title 6 BY MR FEDERICO- 7 You're no longer a mechanic You're no longer a 7 Q So for construction of a single family home, 8 carpenter You're now a business guy You have 8 what IS the standard of care for an owner/builder? 9 relationships, you have taxes, reports You have this. 9 MS. FINELLI Objection, vague 10 that, all of those administrative- and that's where 10 THE WITNESS Yeah, that is vague 1 don't 11 most contractors fail is in the ability to manage 11 really get what you're asking me. 12 projects. 12 BY MR FEDERICO. 13 Q. You talk about these misconceptions, preju- 13 Q Well, you just said there's conventions in 14 dicial misconceptions What are tiiose. other than what 14 the industry, standards of care that govern a plumber. 15 you just talked about? 15 A To each specific thing 16 A 1 think when you read the whole - if you 16 Q Each trade? 17 read the Contractor's State License Board, the whole 17 A. Yeah, to each specific practice, each 18 tenure of their statements is, you know. "Beware, don't 18 specific trade, each specific Issue 19 be an owner/builder You take on all this risk You 19 Q So my question is Then for an owner/ 20 have all this liability." The fact is liability doesn't 20 builder, what is that standard of care? 21 change one bit. Your liability as an owner - if you, 21 MS. FINELLI- Vague 22 in facL hire me to build a house for you, you know, you 22 THE WITNESS- You know, once again, I'm not 23 are just simply appointing me to act In your place to 23 trying to be difficult here, but what you're saying 24 represent you 24 doesn't make any sense 25 And if 1 made bad decisions or If 1 go out 25 BY MR FEDERICO. 18 20 1 and lose a bunch o f - 1 mean, whatever disastrous things 1 Q Is there a standard of care for an owner/ 2 1 do, it's still the responsibility ultimately lies on 2 builder? 3 the owner The contractor has the responsibility to be 3 A Is there - 4 professional But 1 mean, the ultimate financial 4 Q Is It your opinion that there is no standard 5 liability always is lo the owner and to the owner's 5 of care? 6 property. That's what backs everything up from, 1 mean. 6 A There's no standard of care 1 mean, if 1 go 7 laws and what have you 7 out and hire people to wori< for me, 1 guess there's a 8 Q. Are the responsibilities of Ihe owner/ 8 standard of care that I'm going to pay the bills, make 9 builder, are they codified anywhere? 9 decisions in a timely fashion I'm going to, you know, 10 A. No. There are - there's a lot of construc- 10 do everything 1 can to facilitate the job getting done 11 lion that is by convention and by - In fact, 1 was 11 I'm not going to do something thafs going to 12 reading in Acret's book where he talks about ifyou hire 12 delay the job. 1 mean that - yeah, that's the standard 13 a - if you hire somebody to like dig utility trenches 13 of care, is that the owner's responsibility is to make 14 for you, but you don't specify lhat you're going to 14 decisions in a timely fashion, to - you know, virhatever 15 backfill those trenches, you're going to dig the 15 information is requested to provide it if requested and 16 trenches and then you're going lo put conduits, 16 to, you know, pay the bills That sort of thing 17 whatever, utilities in the trenches, but you don't 17 Q How about approving, you know, particular 18 specify that you're going to backfill, there's still the 18 trades of work on a project? 19 presumption that that is a normal part of the job and 19 A It's not the owner/builder's responsibility 20 you would, in fact, also backfill the trenches So a 20 to oversee or manage the actual implementation of the 21 lot of construction is based on those conventions 21 trades man 22 Q Standard practices'? 22 Q That wasn't my question Not about imple- 23 A Standard practices, yes Thank you 23 mentation, but about approving Let's say a foundation 24 Q So then If It's not codified, so what are the 24 contractor comes in and pours the foundation Whose 25 conventions, standard of practice for a owner/builder 25 responsibility is it to approve that foundation so the Robert Donald V hunt, Jr, April 24, 2009 21 23 1 project can move on to the next phase? 1 A No Well, 1 did for a little while, then 2 A ^ Typically what happens is that the subsequent 2 joined the Navy 1 got out of the Navy in 1969, and 1' 3 woriters - so the foundation contractor pours the 3 became a union carpenter 4 foundation. Then Ihe guy who follows him would be, you 4 0 So from 1969 to 1977 you were a union 5 know, next. The framing contractor who's going to come 5 carpenter"' 6 In and frame the floor or what have you. And he - you 6 A Yes. 7 know. It's his responsibility then to say if it's okay 7 Q. Did you work for one company? Did you have 8 or if it's not okay 8 more than one job? Take me through a - 9 There's also of course the building officials 9 A Well, as a union ~ as a carpenter, as it is 10 virho go out and do the inspections to verify the wori< 10 today, you wori< on this job. Then you go woric on lhat 11 meets with the building plan. The owner/builder doesn't 11 job Then you go wori< on that job. So 1 don't know how 12 have the knowledge to be able to actually, 1 mean lo 12 many jobs 1 worked on You know, dozens. 13 view the work and say if it's right or wrong. You know, 13 Q. So you didn't have one set employer. It was 14 he doesn't have that information. 14 just ~ 15 Q Well, how does that then jive with the 15 A. No, you - that's not nonnal 16 declaration that the owner/builder has lo sign with the 16 Q Then during that time frame 1969 to 1977, did 17 County when they have to pull the pennits for the 17 you do anything else besides the union carpentry work? 18 project? 18 A Lots of stuff. 19 A. The declaration they sign when pulling 19 Q What olher types of stuff? 20 pennits talks about if you're hinng employees, not if 20 A Well, 1 parted my house off. 21 you're hinng contractors. All that is about is ifyou 21 Q Woric related- 22 decide to become an employer or if you're going to go 22 MS FINELLI Lel me make a belated 23 out and hire laborers to come in and do the work for 23 objection That was overbroad 24 you, all of a sudden that changes your relationship, you 24 BY MR FEDERICO- 25 know, from being just a project manager to being a, you 25 Q Work related, besides - 22 24 1 know - now all of a sudden you're the responsibte 1 MR. SOPP Ask him work related to construc- 2 person for the actual physical wori<. That's why you 2 tion. 3 hire license contractors. You could save money if you 3 BY MR FEDERICO 4 in fact go out and hire laborers as opposed to 4 Q Wort< related to construction 5 contractors 5 A You know, actually, 1 don't recall what 1 did 6 Q. So as a person who the pennit Is issued to. 6 in 1969-1977 specifically as far as work is concemed. 7 there's no responsibility on that person to ensure that 7 but 1 know that was my job It's what 1 did for a 8 the wori« IS done correctly? 8 living forty hours a week 9 MS FINELLI. Vague 9 MR FEDERICO Let's take a real quick break. 10 THE WITNESS. The person who you hire - you 10 [Recess taken] 11 hire professional contractors. You're nol hinng 11 BY MR FEDERIGO- 12 laborers. If you hire laborers, yes, then it would be 12 Q So you got your general contractor's license 13 your responsibility But if you hire contractors, the 13 in 1977 What did you do after you got your general 14 contractors are specialists and are supposed to be 14 contractor's license'' Did you go into business for 15 experts in their field of work 15 yourself? 16 BY MR. FEDERICO 16 A Yes- 17 Q. 1 got a little bit ahead of myself here, so 17 Q What kind o f - 18 I'll jump back. Looking at Exhibit 61 you've been a 18 A. Framino contractor 19 general contractor since 1977? 19 Q Framing contractor? 20 A Correct 20 A Uh-huh 21 Q What did you do before 1977? 21 Q How long did you do that? 22 A 1 was a carpenter 22 A. Off and on until 1992 23 Q When did you graduate from high school? 23 Q So here in 1984 you started the Owner Builder 24 A 1965 24 Center? 25 Q Did you go to college after high school'' 25 A Yes Robert Donald V hunt, Jr. April 24, 2009 25 27 1 Q. So from 1984 to 1992 you were doing the woric 1 Q. What kind of stuff are you doing' - 2 with the Owner Builder Center and some framing work? 2 A I've just finished a room addition for a guy 3 A Yeah 1 mean general contracting 1 built 3 1 mean it's been an evoluton of - the economic 4 spec houses 1 built apartment buildings. 1 built 4 situation has kind of forced me to diversify myself and 5 light commercial stuff. 1 did, you know - but my 5 get back into doing more constmction actvities 1 6 pnmary area of focus was as a rough, you know, framing 6 made my living many years doing constmction managemenl 7 contractor, as a general contractor. 7 You know, when - once 1 started the Ovmer Builders 8 But mostly - 1 mean, most guys are like 8 Center and started doing consulting, clients were coming 9 that 1 mean, a general contractor's license allows you 9 to me asking questions, and 1 started charging twenty- 10 to work and do carpentry or to do framing as a scope of 10 five dollars an hour 1 think at that time 11 that job. you know. But you can also do other parts of 11 Then 1 figured out you can't really make a 12 fhe job as long as you do at least two separale trades. 12 living teaching house building classes, so 1 started 13 Q Do you have any olher constmction licenses 13 doing constmction management. And thatwould bs 14 besides B - 14 assisting owner/builders in managing building projects. 15 A. No, just general contractor. 15 And 1 did that for a lot of years. Then 1 think it was 16 Q. Why did you start the Owner Builder Center'' 16 1980 something, 1S89.1988 - 1 forget - 1 realized 17 A. Do you want the philosophy of why 1 started 17 lhat you can make even more money by doing the financing 18 it? 18 on constmction projects So 1 really kind of got out 19 Q Sure 19 of actually doing the jobsite management into doing just 20 MS. FINELLI. Objection, overtjroad and vague. 20 constmction financing 21 You can answer. 21 And then now that the constmction financing 22 THE WITNESS. In 1982 I'm sitting al home - 22 IS dried up. I've taken - I've kind of gone back again 23 must have been a rainy day - and read an ad in the 23 to doing construction management So I'm doing those 24 newspaper They were looking for somebody to teach a 24 kinds of projects 1 have several projects I'm woridng 25 house buikling class at Solano Community College, and 25 on or in the worics I've only got one house actually 26 28 1 were interviewing for it So 1 applied for the job and 1 under contract I've got another that will be under 2 got hired. So 1 started ~ 1 did that, and 1 thought it 2 contract pretty quickly 3 was really fun, interesting, and so 1 taught there 3 Q Are you the only instmctor at the Sacramento 4 Then 1 applied al Santa Rosa Junior College 4 Owner Builder Center'' 5 and 1 got hired there also to teach a house building 5 A. Yes. 6 class Then 19841 got in contact with the California 6 Q And 1 see here you wrote a book or manual 7 State University Sacramento They hired me to teach a 7 called House Building Remodeling? 8 house building class there. And Ihen 1 also taught at 8 A Yes. 9 fhe University ofthe Pacific. You know, many, many 9 0 . The courses that you teach at the Owner 10 community colleges, what have you, and other places 10 Builders Center, Is it just one course that covers a 11 also 11 variety of topics, or are there separate individual 12 So then 1 was, you know - 1 think 1 started 12 topics? 13 a small consulting business on the side, and pretty soon 13 A No, today this is all evolved from the lime 1 14 1 realized it's a lol easier to sit around and talk to 14 was teaching at colleges until now. At colleges it was 15 people than to be out there humping and gnnding. 15 a whole semester course Now it's just a - 1 do like a 16 carrying lumber and all of that And so you know. 16 weekend seminar, workshop, whatever you call it It's 17 that's kind of how it evolved 17 all day Saturday, all day Sunday. 18 BY MR. FEDERICO: 18 We go through the building project starting 19 Q. Do you still do any spec homes today? 19 with talking about each phase of the wortcsite, work 20 A No, no I'm - nobody's doing spec homes 20 utility installation to, you know, construction 21 today. 21 managemenl And 1 talk about contract language, what 22 Q. Tme 22 your responsibilities are as an owner/builder, what 23 A. Unless the/re really stupid 23 things are typically going to cost you. what issues are 24 Q Are you doing any construction activities? 24 typically gomg to come up. Those sorts of things. 25 A. Yeah, actually, 1 am 25 Q So it's a comprehensive look at the process? Robert Donald V hunt, Jr. April 24, 2009 29 31 1 A Yeah, yeah, it is 1 mean, I've had 1 manager, as consultant, the foundation contractor, and 2 thousands of students who have gone through my house 2 the excavation contractor Those all were - and the 3 building program who have built their home successfully 3 person who drew the building plans 4 Q. Do you get that manual as part of signing up 4 Q Do you know who was hired to excavate the 5 for a class? 5 project? 6 A Yes. 6 A. No.l don't 7 Q. Did Flo Abbott lake your course"' 7 Q But there were problems with that part of the 8 A You know. 1 don't specifically recall Flo 8 job? 9 sitting in my class, but 1 think she did take my class 9 A There's a problem If you do woric wrthout a 10 I'm pretty sure she did 10 plan If you don't have a plan and you go out there and 11 Q Looking at Ihe second page of Exhibit 61. 11 just start excavating or, you know, doing any portion of 12 your resume there, lhat discusses - the last sentence 12 the woric without a design, that's grossly negligent 13 in the first paragraph - 'Title 24. cost analysis, plan 13 Q. Is there any negligence on the part ofthe 14 review, and consulting are all available to support home 14 owner/builder on this particular project? 15 builders." These are sen/ices you provide through the 15 A No, 1 don't think so 16 Owner Buiklers Center 16 Q Why not? 17 A. Yes 17 A The owner/builder doesn't - is not a 18 Q Do you hav