Preview
Filed: 1/7/2022 4:12 PM
Defendants Response to Plaintiffs’ MSJ J OHN D. KINARD - District Clerk
Galveston County, Texas
CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUEi®I2IRE
No. 60622929
KATHLEEN WIMBISH - 6/15/2021 By: Shailja Dixit
1/7/2022 4:28 PM
Page 1
CAUSE NO 20-CV-1704
RAYMOND D. JETT AND SUE E. ) IN THE DISTRICT COURT OF
JETT, INDIVIDUALLY AND AS
TRUSTEE OF THE SPARKS
FAMILY LIVING TRUST,
Plaintiffs,
vs. GALVESTON COUNTY, TEXAS
WIMBISH KELLY CONSTRUCTION,
LLC D/B/A PUTNAM BUILDERS,
Defendant . 122ND JUDICIAL DISTRICT
TRO IR I C IORRIOGIC
IOI OGG do dod dak doko dek tok
ORAL DEPOSITION OF
THE CORPORATE REPRESENTATIVE OF
WIMBISH KELLY CONSTRUCTION, LLC
D/B/A PUTNAM BUILDERS
KATHLEEN WIMBISH
June 15, 2021
KKK KR RK RR RR RRR RRR RR ROR FOR ORR gk dk ddd dak
REPORTED REMOTELY IN ACCORDANCE WITH THE
CURRENT EMERGENCY ORDER REGARDING THE
COVID-19 STATE OF DISASTER
HANNA & HANNA INC.
713.840.8484
CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS
KATHLEEN WIMBISH - 6/15/2021
Page 37
Q Okay. Did he -- if there was any questions or
any negotiation involved, was he involving you in that
process, or did he have authority to sort of make
changes and make decisions?
A No, he would involve either Rob or I.
Q Okay. And if we scroll to the bottom of this
contract, I think it's around page 13, and maybe go up
-- oh, yeah, here, this is the right page. And I see
that the individual who signed on behalf of Putnam
10 Builders is David Norcross.
11 I mean, was that typical for him to be
12 signing the contracts on behalf of Putnam? What exactly
13 was his role?
14 A So he's a job site superintendent, and I asked
15 him to sign that contract.
16 Q Okay. So it's kind of a -- that's not usually
17 something that falls under his job description?
18 A Not normally.
19 Q Okay. How long was David Norcross employed
20 with Putnam and/or ILCOR?
21 A I want to say about four years.
22 Q And I guess, was he also a leased employee?
23 A Yes.
24 Q And going back to the top of that contract, do
25 you -- do you know if -- where Bubba is employed now?
HANNA & HANNA, INC.
713.840.8484
CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS
KATHLEEN WIMBISH - 6/15/2021
Page 38
I do not.
Okay. Do you have any contact information for
him?
I do.
You do? Do you have a phone number for him?
I do.
Okay. Do you have an e-mail address for him?
A I think I do. I'd have to check.
Q Have you been in contact with him since his
10 employment ended at Putnam?
11 A Yes.
12 Q Okay. When is the last time that you were in
13 contact with him?
14 A Probably three or four weeks ago.
15 Q Okay. Do you have a current address for him?
16 A That, I don't.
17 Q Okay. When you talked to him three or
18 four weeks ago, was that just on the phone or in person?
19 How did that communication come about?
20 A It was on the phone.
21 Q Okay. Was it about this lawsuit?
22 Yes, it was.
23 Okay. What did you talk about with him?
24 Talked about things that he remembered.
25 Okay. What did he remember?
HANNA & HANNA, Inc.
713.840.8484
CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS
KATHLEEN WIMBISH - 6/15/2021
Page 39
A He remembered meeting on the job site with Ray
Jett and Ventura Berrones, the concrete guy, and
discussing the location of the slab and the height of
the slab to avoid trees.
Q Okay. Did you -- as part of the discovery in
this case, did you ask Bubba if he had any text
messages, communications, e-mails with you or with the
Jetts regarding issues in this suit?
A I did.
10 Q And did he send you any information?
11 A He doesn't have that phone anymore.
12 Q Okay. So the text messages that he would have
13 had have been lost because he has a new phone?
14 A Correct.
15 Q Okay. But he did -- and I'm looking at this
16 e-mail at the top of this.
17 He did have an e-mail account with Putnam
18 Builders, correct?
19 A Correct.
20 Q And has -- have you, you know, searched that
21 e-mail account for any e-mails associated relating to
22 the issues in this suit?
23 A I don't know how to get to it.
24 Q Do you have access to that e-mail account?
25 I do not.
HANNA & HANNA, INC.
713.840.8484
CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS
KATHLEEN WIMBISH - 6/15/2021
Page 43
you need to know so you can quote a price before you're
obligating Putnam to build a house, correct?
MR. HARRIS: Objection, form.
Q (BY MS. SPEER) Do you typically want to know
the cost of the project before you sign the contract?
A Yes, ma'am.
Q Okay. And so how do you -- I mean, do you --
is it aH is there ever a time where you will know the
cost before the construction drawings have been
10 finalized?
121 A No, not usually.
12 Q Okay. And if we -- let me see which -- in that
13 same paragraph that we have blown up right here, it's
14 the third sentence. It says, "Putnam Builders shall
15 verify the accuracy of all dimensions, clearances shown
16 on the plans and specifications before completing the
17 effective work and shall notify the owner of any
18 discrepancies between the plans and specifications in
19 the existing conditions discovered by Putnam Builders."
20 So talking about the Jetts' project
21 specifically, did Putnam Builders ever notify them of
22 any discrepancies between the actual construction, the
23 actual conditions, and the plans?
24 A I believe that's why Bubba met with Ray Jett
25 and the concrete guy on-site, to discuss the location of
HANNA & HANNA, Inc.
713.840.8484
CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS
KATHLEEN WIMBISH - 6/15/2021
Page 44
the slab and the height.
Q Okay. And do you recall when that meeting
occurred?
A It was obviously before they poured the slab.
Q Okay. And we'll go through some documents
later on that kind of go through exactly when that
happened.
But is there any -- was there ever any
written notification of this -- the need to change the
10 slab height that was provided to the Jetts?
11 A No, and there are several things that changed
12 that there's no written notification of.
13 Q For the Jetts' project?
14 A For the Jetts' project and any project.
15 Q Okay. Can you -- for the Jetts' project, what
16 were some of those things?
17 A In the master bathroom, initially, there were
18 two pedestal sinks, and Ms. Jett changed her mind after
19 the plumbing was in and the electrical was in, to doa
20 freestanding double sink unit.
a1 Q Okay. Was that -- did that make the project --
22 was that an increase in cost or a decrease in cost?
23 A We didn't charge them anything extra for it.
24 We just moved the plumbing for it.
25 Q Did it cost Putnam additional?
HANNA & HANNA, INC.
713.840.8484
CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS
KATHLEEN WIMBISH - 6/15/2021
Page 72
couple of weeks after the contract was signed, correct?
A Correct.
Q Do you recall what changes were made between
the version of the plans we were just looking at and
this, the version that's dated after the contract date?
A Not without looking at them and comparing them
Q Okay. We can scroll through. These were all,
you know, documents that were produced in the -- in the
case. But I -- just looking at them, I haven't really
10 seen a difference, at least as it relates to the slab
11 height.
12 Do you recall any change in the slab height
13 between March of 2019 and May of 2019?
14 A No. That was established on-site with Ray
15 Jett.
16 Q Okay. And do you know when that occurred? I'm
17 assuming it would be after May of 2019 when the contract
18 was signed?
19 A Yes, ma'am.
20 Q Okay. So as of May, the plan, as these plans
21 show, was still to build a raised house that was 3 feet
22 above the ground level, correct?
23 MR. HARRIS: Objection, form.
24 Q. (BY MS. SPEER) You can answer.
25 A Ask the question again.
HANNA & HANNA Inc.
713.840.8484
CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS
KATHLEEN WIMBISH - 6/15/2021
Page 128
Q Okay. And so on completion -- looking at this,
looking at the dates that I've seen as far as the
elevation certificates and everything, when -- I guess
the project was completed in March of 2020; is that
correct?
A Yes.
Q Okay. And we looked already at the text
message from Bubba around that time, and it looks like
they did the final walk-through, and it -- and Bubba
10 reported back that Sue was still upset about the steps
121 for the front porch.
12 How did the conversation come about between
13 you and Sue relating to this $10,000 discount that we
14 show on the first page of this change order document?
15 Did you -- did you -- I mean, we saw Bubba's text
16 message
17 Did you pick up the phone and call Sue, or
18 was there conversations leading up to that?
19 A No, there wasn't. Sue picked up the phone and
20 called me, and we started going back and forth about the
21 final invoice, and then she thought that she should be
22 compensated for the house not being as high as she
23 initially wanted it. And we went back and forth on
24 numbers. She started out at like 20 grand, and I think
25 we ended up with this number.
HANNA & HANNA, Inc.
713.840.8484
CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS
KATHLEEN WIMBISH - 6/15/2021
Page 129
Q How -- I guess what factored into this number?
Because it's not -- you know, you said you started at
$20,000. And this number, it's not a round number, so
was there specific items that were talked about and
discussed, or is this just looking at what the final
draw amount was and then you worked backwards from
there?
A That's correct. I had sent her the final
invoice, and we -- she said round numbers, you know,
10 they owe me 30. She said I'll pay you 20, and I said,
11 no, let's do this. And we went back and forth, and we
12 finally settled on this.
13 Q Okay. As part of that conversation, did -- did
14 you discuss with Sue this alleged agreement that the
15 slab was not going to be 3 feet above the ground level,
16 that that was agreed to at the beginning?
17 A No.
18 Q Okay. So, I mean, looking at the comment in
19 this change order, the comment says, "For owner not
20 liking the height of the slab." But if, you know, we're
21 going off of the plans that we looked at earlier, it's
22 not just not liking it, it's not complying with the
23 height that it was supposed to be in the plans?
24 MR. HARRIS: Objection, form.
25 Q (BY MS. SPEER) I guess, what was the
HANNA & HANNA, Inc.
713.840.8484
CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS
KATHLEEN WIMBISH - 6/15/2021
Page 147
Q Okay. But you're not aware of any equal
protection violations or anything like that; is that
right?
MR. HARRIS: I'm going to instruct my
client not to answer that question.
MS. SPEER: Okay. That question is
directly based on the pleadings that have been filed in
this case. So if she's being instructed not to answer,
then I'll ask the court reporter to certify that
10 question.
11 MR. HARRIS: Understood.
12 Q (BY MS. SPEER) Ms. Wimbish, did you ever offer
13 to correct -- let me rephrase that.
14 Did you ever off to raise the house after
15 the construction was completed?
16 A No.
17 Q Do you know if anybody else from Putnam
18 Builders offered to raise the house once the
19 construction was completed?
20 A No.
21 Q Okay. Was there any other repair or correction
22 offered to the Jetts related to the slab issue, as far
23 as you know?
24 A Just the discount I gave them.
25 Q Okay. That's the only thing that they were
HANNA & HANNA, INC.
713.840.8484
CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS
KATHLEEN WIMBISH - 6/15/2021
Page 148
ever offered related to that issue?
A That's the only thing they ever asked for.
Q Okay.
MS. SPEER: I'll pass the witness.
MR. HARRIS: We'll reserve our questions
until time of trial.
THE COURT REPORTER: Before we go off the
record, Mr. Harris, can you please state on the record
whether or not you'd like a copy of the transcript and
10 what you'd like.
11 MR. HARRIS: I'd like a copy of the
12 transcript. I'd like the real transcript, electronic
13 version with PDF exhibits, please.
14 THE COURT REPORTER: Yes, sir.
15 (Proceedings concluded at 3:01 p.m.)
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HANNA & HANNA, Inc.
713.840.8484
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
David Harris on behalfof David Harris
Bar No. 24029600
dharris@ cphattorneys.com
Envelope ID: 60622929
Status as of 1/7/2022 4:28 PM CST
Associated Case Party: The Sparks Family Living Trust
Name BarNumber | Email TimestampSubmitted | Status
Kendall V.Speer kspeer@ cjmhlaw.com 1/7/2022 4:12:42 PM SENT
Minh X.Nguyen mnguyen@ cjmlaw.com | 1/7/2022 4:12:42 PM SENT
Case Contacts
Name BarNumber | Email TimestampS ubmitted Status
Karla Strickland kstrickland@ cphattorneys.com | 1/7/2022 4:12:42 PM SENT
J osephine Y barra jybarra@ cphattorneys.com 1/7/2022 4:12:42 PM SENT
Associated Case Party: Wimbish Kelly Construction, LLC
Name BarNumber | Email TimestampSubmitted Status
David Gregory Harris 24029600 dharris@ cphattorneys.com | 1/7/2022 4:12:42 PM SENT
Preview
Filed: 1/7/2022 4:12 PM Defendants Response to Plaintiffs’ MSJ J OHN D. KINARD - District Clerk Galveston County, Texas CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUEi®I2IRE No. 60622929 KATHLEEN WIMBISH - 6/15/2021 By: Shailja Dixit 1/7/2022 4:28 PM Page 1 CAUSE NO 20-CV-1704 RAYMOND D. JETT AND SUE E. ) IN THE DISTRICT COURT OF JETT, INDIVIDUALLY AND AS TRUSTEE OF THE SPARKS FAMILY LIVING TRUST, Plaintiffs, vs. GALVESTON COUNTY, TEXAS WIMBISH KELLY CONSTRUCTION, LLC D/B/A PUTNAM BUILDERS, Defendant . 122ND JUDICIAL DISTRICT TRO IR I C IORRIOGIC IOI OGG do dod dak doko dek tok ORAL DEPOSITION OF THE CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION, LLC D/B/A PUTNAM BUILDERS KATHLEEN WIMBISH June 15, 2021 KKK KR RK RR RR RRR RRR RR ROR FOR ORR gk dk ddd dak REPORTED REMOTELY IN ACCORDANCE WITH THE CURRENT EMERGENCY ORDER REGARDING THE COVID-19 STATE OF DISASTER HANNA & HANNA INC. 713.840.8484 CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS KATHLEEN WIMBISH - 6/15/2021 Page 37 Q Okay. Did he -- if there was any questions or any negotiation involved, was he involving you in that process, or did he have authority to sort of make changes and make decisions? A No, he would involve either Rob or I. Q Okay. And if we scroll to the bottom of this contract, I think it's around page 13, and maybe go up -- oh, yeah, here, this is the right page. And I see that the individual who signed on behalf of Putnam 10 Builders is David Norcross. 11 I mean, was that typical for him to be 12 signing the contracts on behalf of Putnam? What exactly 13 was his role? 14 A So he's a job site superintendent, and I asked 15 him to sign that contract. 16 Q Okay. So it's kind of a -- that's not usually 17 something that falls under his job description? 18 A Not normally. 19 Q Okay. How long was David Norcross employed 20 with Putnam and/or ILCOR? 21 A I want to say about four years. 22 Q And I guess, was he also a leased employee? 23 A Yes. 24 Q And going back to the top of that contract, do 25 you -- do you know if -- where Bubba is employed now? HANNA & HANNA, INC. 713.840.8484 CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS KATHLEEN WIMBISH - 6/15/2021 Page 38 I do not. Okay. Do you have any contact information for him? I do. You do? Do you have a phone number for him? I do. Okay. Do you have an e-mail address for him? A I think I do. I'd have to check. Q Have you been in contact with him since his 10 employment ended at Putnam? 11 A Yes. 12 Q Okay. When is the last time that you were in 13 contact with him? 14 A Probably three or four weeks ago. 15 Q Okay. Do you have a current address for him? 16 A That, I don't. 17 Q Okay. When you talked to him three or 18 four weeks ago, was that just on the phone or in person? 19 How did that communication come about? 20 A It was on the phone. 21 Q Okay. Was it about this lawsuit? 22 Yes, it was. 23 Okay. What did you talk about with him? 24 Talked about things that he remembered. 25 Okay. What did he remember? HANNA & HANNA, Inc. 713.840.8484 CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS KATHLEEN WIMBISH - 6/15/2021 Page 39 A He remembered meeting on the job site with Ray Jett and Ventura Berrones, the concrete guy, and discussing the location of the slab and the height of the slab to avoid trees. Q Okay. Did you -- as part of the discovery in this case, did you ask Bubba if he had any text messages, communications, e-mails with you or with the Jetts regarding issues in this suit? A I did. 10 Q And did he send you any information? 11 A He doesn't have that phone anymore. 12 Q Okay. So the text messages that he would have 13 had have been lost because he has a new phone? 14 A Correct. 15 Q Okay. But he did -- and I'm looking at this 16 e-mail at the top of this. 17 He did have an e-mail account with Putnam 18 Builders, correct? 19 A Correct. 20 Q And has -- have you, you know, searched that 21 e-mail account for any e-mails associated relating to 22 the issues in this suit? 23 A I don't know how to get to it. 24 Q Do you have access to that e-mail account? 25 I do not. HANNA & HANNA, INC. 713.840.8484 CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS KATHLEEN WIMBISH - 6/15/2021 Page 43 you need to know so you can quote a price before you're obligating Putnam to build a house, correct? MR. HARRIS: Objection, form. Q (BY MS. SPEER) Do you typically want to know the cost of the project before you sign the contract? A Yes, ma'am. Q Okay. And so how do you -- I mean, do you -- is it aH is there ever a time where you will know the cost before the construction drawings have been 10 finalized? 121 A No, not usually. 12 Q Okay. And if we -- let me see which -- in that 13 same paragraph that we have blown up right here, it's 14 the third sentence. It says, "Putnam Builders shall 15 verify the accuracy of all dimensions, clearances shown 16 on the plans and specifications before completing the 17 effective work and shall notify the owner of any 18 discrepancies between the plans and specifications in 19 the existing conditions discovered by Putnam Builders." 20 So talking about the Jetts' project 21 specifically, did Putnam Builders ever notify them of 22 any discrepancies between the actual construction, the 23 actual conditions, and the plans? 24 A I believe that's why Bubba met with Ray Jett 25 and the concrete guy on-site, to discuss the location of HANNA & HANNA, Inc. 713.840.8484 CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS KATHLEEN WIMBISH - 6/15/2021 Page 44 the slab and the height. Q Okay. And do you recall when that meeting occurred? A It was obviously before they poured the slab. Q Okay. And we'll go through some documents later on that kind of go through exactly when that happened. But is there any -- was there ever any written notification of this -- the need to change the 10 slab height that was provided to the Jetts? 11 A No, and there are several things that changed 12 that there's no written notification of. 13 Q For the Jetts' project? 14 A For the Jetts' project and any project. 15 Q Okay. Can you -- for the Jetts' project, what 16 were some of those things? 17 A In the master bathroom, initially, there were 18 two pedestal sinks, and Ms. Jett changed her mind after 19 the plumbing was in and the electrical was in, to doa 20 freestanding double sink unit. a1 Q Okay. Was that -- did that make the project -- 22 was that an increase in cost or a decrease in cost? 23 A We didn't charge them anything extra for it. 24 We just moved the plumbing for it. 25 Q Did it cost Putnam additional? HANNA & HANNA, INC. 713.840.8484 CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS KATHLEEN WIMBISH - 6/15/2021 Page 72 couple of weeks after the contract was signed, correct? A Correct. Q Do you recall what changes were made between the version of the plans we were just looking at and this, the version that's dated after the contract date? A Not without looking at them and comparing them Q Okay. We can scroll through. These were all, you know, documents that were produced in the -- in the case. But I -- just looking at them, I haven't really 10 seen a difference, at least as it relates to the slab 11 height. 12 Do you recall any change in the slab height 13 between March of 2019 and May of 2019? 14 A No. That was established on-site with Ray 15 Jett. 16 Q Okay. And do you know when that occurred? I'm 17 assuming it would be after May of 2019 when the contract 18 was signed? 19 A Yes, ma'am. 20 Q Okay. So as of May, the plan, as these plans 21 show, was still to build a raised house that was 3 feet 22 above the ground level, correct? 23 MR. HARRIS: Objection, form. 24 Q. (BY MS. SPEER) You can answer. 25 A Ask the question again. HANNA & HANNA Inc. 713.840.8484 CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS KATHLEEN WIMBISH - 6/15/2021 Page 128 Q Okay. And so on completion -- looking at this, looking at the dates that I've seen as far as the elevation certificates and everything, when -- I guess the project was completed in March of 2020; is that correct? A Yes. Q Okay. And we looked already at the text message from Bubba around that time, and it looks like they did the final walk-through, and it -- and Bubba 10 reported back that Sue was still upset about the steps 121 for the front porch. 12 How did the conversation come about between 13 you and Sue relating to this $10,000 discount that we 14 show on the first page of this change order document? 15 Did you -- did you -- I mean, we saw Bubba's text 16 message 17 Did you pick up the phone and call Sue, or 18 was there conversations leading up to that? 19 A No, there wasn't. Sue picked up the phone and 20 called me, and we started going back and forth about the 21 final invoice, and then she thought that she should be 22 compensated for the house not being as high as she 23 initially wanted it. And we went back and forth on 24 numbers. She started out at like 20 grand, and I think 25 we ended up with this number. HANNA & HANNA, Inc. 713.840.8484 CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS KATHLEEN WIMBISH - 6/15/2021 Page 129 Q How -- I guess what factored into this number? Because it's not -- you know, you said you started at $20,000. And this number, it's not a round number, so was there specific items that were talked about and discussed, or is this just looking at what the final draw amount was and then you worked backwards from there? A That's correct. I had sent her the final invoice, and we -- she said round numbers, you know, 10 they owe me 30. She said I'll pay you 20, and I said, 11 no, let's do this. And we went back and forth, and we 12 finally settled on this. 13 Q Okay. As part of that conversation, did -- did 14 you discuss with Sue this alleged agreement that the 15 slab was not going to be 3 feet above the ground level, 16 that that was agreed to at the beginning? 17 A No. 18 Q Okay. So, I mean, looking at the comment in 19 this change order, the comment says, "For owner not 20 liking the height of the slab." But if, you know, we're 21 going off of the plans that we looked at earlier, it's 22 not just not liking it, it's not complying with the 23 height that it was supposed to be in the plans? 24 MR. HARRIS: Objection, form. 25 Q (BY MS. SPEER) I guess, what was the HANNA & HANNA, Inc. 713.840.8484 CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS KATHLEEN WIMBISH - 6/15/2021 Page 147 Q Okay. But you're not aware of any equal protection violations or anything like that; is that right? MR. HARRIS: I'm going to instruct my client not to answer that question. MS. SPEER: Okay. That question is directly based on the pleadings that have been filed in this case. So if she's being instructed not to answer, then I'll ask the court reporter to certify that 10 question. 11 MR. HARRIS: Understood. 12 Q (BY MS. SPEER) Ms. Wimbish, did you ever offer 13 to correct -- let me rephrase that. 14 Did you ever off to raise the house after 15 the construction was completed? 16 A No. 17 Q Do you know if anybody else from Putnam 18 Builders offered to raise the house once the 19 construction was completed? 20 A No. 21 Q Okay. Was there any other repair or correction 22 offered to the Jetts related to the slab issue, as far 23 as you know? 24 A Just the discount I gave them. 25 Q Okay. That's the only thing that they were HANNA & HANNA, INC. 713.840.8484 CORPORATE REPRESENTATIVE OF WIMBISH KELLY CONSTRUCTION D/B/A PUTNAM BUILDERS KATHLEEN WIMBISH - 6/15/2021 Page 148 ever offered related to that issue? A That's the only thing they ever asked for. Q Okay. MS. SPEER: I'll pass the witness. MR. HARRIS: We'll reserve our questions until time of trial. THE COURT REPORTER: Before we go off the record, Mr. Harris, can you please state on the record whether or not you'd like a copy of the transcript and 10 what you'd like. 11 MR. HARRIS: I'd like a copy of the 12 transcript. I'd like the real transcript, electronic 13 version with PDF exhibits, please. 14 THE COURT REPORTER: Yes, sir. 15 (Proceedings concluded at 3:01 p.m.) 16 17 18 19 20 21 22 23 24 25 HANNA & HANNA, Inc. 713.840.8484 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. David Harris on behalfof David Harris Bar No. 24029600 dharris@ cphattorneys.com Envelope ID: 60622929 Status as of 1/7/2022 4:28 PM CST Associated Case Party: The Sparks Family Living Trust Name BarNumber | Email TimestampSubmitted | Status Kendall V.Speer kspeer@ cjmhlaw.com 1/7/2022 4:12:42 PM SENT Minh X.Nguyen mnguyen@ cjmlaw.com | 1/7/2022 4:12:42 PM SENT Case Contacts Name BarNumber | Email TimestampS ubmitted Status Karla Strickland kstrickland@ cphattorneys.com | 1/7/2022 4:12:42 PM SENT J osephine Y barra jybarra@ cphattorneys.com 1/7/2022 4:12:42 PM SENT Associated Case Party: Wimbish Kelly Construction, LLC Name BarNumber | Email TimestampSubmitted Status David Gregory Harris 24029600 dharris@ cphattorneys.com | 1/7/2022 4:12:42 PM SENT