Preview
Filed: 2/8/2! 12:16 PM
JOHN D. KINARD - istrict Clerk
Oral Zoom Deposition - Amy Patrick Galveston County, Texas
Envelope No. 6154)896
January 19, 2022 By: Shailja[Dixit
29, 4 PM
CAUSE NO. 20-CV-1704
RAYMOND D. JETT AND SUE E. JETT ) IN THE DISTRICT COURT OF
INDIVIDUALLY AND AS TRUSTEE OF )
THE SPARKS FAMILY LIVING TRUST )
Plaintiffs )
)
Vv ) GALVESTON COUNTY
)
WIMBISH KELLY CONSTRUCTION, LLC
D/B/A PUTNAM BUILDERS )
Defendants ) 122ND DISTRICT COURT
REPORTER'S CERTIFICATE
ORAL ZOOM DEPOSITION OF AMY PATRICK
January 19, 2022
10 I, Lindi S. Roberts, Certified Shorthand Reporter in and
11 for the State of Texas, hereby certify to the following:
12 That the witness, AMY PATRICK, was duly sworn and that the
13 transcript of the deposition is a true record of the testimony
14 given by the witness;
15 That the deposition transcript was duly submitted on
16 Vas/xa to the witness or to the attorney for the
17 witness for examination, signature, and return to me by
18 a 14/39.
19 That pursuant to information given to the deposition
20 officer at the time said testimony was taken, the following
21 includes all parties of record and the amount of time used by
22 each party at the time of the deposition:
23 Kendall Speer (6 Minutes)
Attorney for the Plaintiffs
24 David G. Harris (1 Hour/47 Minutes)
Attorney for the Defendants
25
Lindi S. Roberts & Associates
(830) 228-4634
61
Oral Zoom Deposition - Amy Patrick
January 19, 2022
I further certify that I am neither counsel for, related
to, nor employed by any of the parties in the action in which
this proceeding was taken, and further that I am not
financially or otherwise interested in the outcome of this
action.
Further certification requirements pursuant to Rule 203 of
the Texas Code of Civil Procedure will be complied with after
they have occurred.
Certified to on this QY day of Qannarvy
10 2022.
11
12
ZLindf , hf
A S$.LalRoberts, CSR
13 Texas CSR 2410
Expiration: 11/30/22
14 Lindi S. Roberts & Associates
Firm Registration No. 558
15 P.O. Box 311905
New Braunfels, Texas 78131
16 lindi@gvtc.com
17
18
19
20
21
22
23
24
25
‘Lindi S$. Roberts & Associates
(830) 228-4634
62
Oral Zoom Deposition - Amy Patrick
January 19, 2022
FURTHER CERTIFICATION UNDER TRCP RULE 203
The original deposition Was)was not returned to the
deposition officer on 2/slwoar
If returned, the attached Changes and Signature page(s)
contain(s) any changes and the reasons therefor.
If returned, the original deposition was delivered to
David G. Harris, Custodial Attorney.
$ 623. is the deposition officer's charges to the
10 Defendants for preparing the original deposition and any
11 copies of exhibits;
12 The deposition was delivered in accordance with Rule
13 203.3, and a copy of this certificate, served on all parties
14 shown herein, was filed with the Clerk.
15 Certified to on this G aay of Lbs
16 2022.
17
18 PB ematc f) Ly S
Lindi S. Roberts, CSR
19 Texas CSR 2410
Expiration: 11/30/22
20 Lindi S. Roberts & Associates
Firm Registration No. 558
21 P.O. Box 311905
New Braunfels, Texas 78131
22 lindi@gvtc.com
23
24
25
Lindi S. Roberts & Associates
(830) 228-4634
59
Oral Zoom Deposition - Amy Patrick
January 19, 2022
CHANGES AND SIGNATURE
DEPOSITION OF AMY PATRICK
PAGE LINE CHANGE REASON
~PEPOSITION OF “AMY PATRICK
wa
10
11
12
13 I, AMY ‘PAIRICK, have read the foregoing ‘deposition and
14 hereby’ attix my signature that same. is true: “and correct,
i5 except. as “noted above.
Le
17
CAYO “AS
ip
AMY PATRICK
18 THE STATE OF
19
COUNTY OF o yes —__.
fo: Me, 7, on this day
20 ally: appeared “AMY: PATR: ‘and-proved tome, through
do; ent, .to..be;the ‘person whose
ai 0 ng instrument, and
thi ey ‘ecute: “game* “for the
22 purp id 0 expres
Give: ximy hand and seal of office‘on’this 34h day
23 of LM 7 2022,
24 ‘CLARISSE NOGUERA’.
KAS Notary i 4131670468 NOTAR' iC “IN, FOR
25 A My Cornmission Expires THE STATE OF —‘“Iedac
‘August 3, 2022
tes
Changes ~ Deposition of Amy Patrick, January 19, 2022
Page | Line_| Change Reason
22 5 There is guidance from FEMA on the ‘procedure for filling out Clarification
Elevation Certificates, but nothing is specifically mentioned
about where to measure the crown ofthe road from. Certain
guidance suggests | it’s taken from the point of the road nearest
‘the residence, but there is insufficient guldance to conclusively
confirm this.
24 7 As stated in the following question’s response, the house was Clarification
not constructed in accordance with the building permit..Itwas
theréfore not cavisructed in acrordance with the contract
‘documents.
26 I'm nota surveyor. I’m not able to conclusively state whether Clarification
the correct benchniar! and.datum wi used based iupon \the
values given, nor do | believe thata license yor. would be
able to ) conclusively det
d re the ncy came
from given the information provided in the ail,
32 14 :to'conform to the Zone C requirements, which it does not: Clarification
33 14 «reflect a low flood risk ina hypoth etical location. Clarification
34 17 However, when a builder fails to mmodate the fundamental Clarification
floodplain iTequirements—requ Which are so critical
that they are in all cap: onthe iIding permit—then they have
imposed a significant risk of flooding on that which they have
constructed.
36 20 Ihave worked with insurance companies extensively. do not Clarification
make ‘final determinations as to whether a loss is covered, but in
my extensive experience, when determining’ Whether’a loss is
covered, an adjuster will ask me fundamental questions within
my expertise, like ‘was this constructed in accordance with
floodplain regulations?” If lanswer “no,” that answer is
influential in their decision to cover a claim or to discontinue
coverag
47 ways predictably creates Clarification
foundati fo ard, | expect to have to
rep edly ri ir crac illed piers below a
house to support it (pressed t a Viable solution with
the expansivéness and relativ rength of Houston soils
and the depth to which ihe affected by seasonal
wetting). | expect to see some deg continued differential
movement long-term, to say nothin he aesthetic
implications of raising a house. °
49 25 Properly ising a house is ofteh c han a reconstruction. Clarification
The implications of improperly raising ‘a house are that long-
term differential movement often occur.
ss
Changes = Deposition of Amy Patrick; January 19, 2022
Page| Line Chaiige Reason
50 4 Thére would certainly be aesthetic and architectural concerns, Clarification
52 10 However, housé-lifting is a very new trend inthe’ Holiston- Clarification
Galveston: area, and the ‘long: term implications ofthis repair
method are only just b ining to 1e to light; Very few
pre mals are co izant of the | issues involved, and nobody is
talking jut them is they specifi cally | pertain to the
Seasonal id soil co! jons found in this area.
55 12 However, as referericed in my report, a durable’ repair would Clarification
the installation of drilled piers,beneath the Tesidence,
plus reconstruction ofthe flo lab and gr beams. 'In my
experienc e of rep; is immensely ‘costly, likely
introduced | rm foundatio: es to a certain degree, and
has nisi eed a
more cost-effective method for-ensuring a durable repair.
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.
Envelope ID: 61540896
Status as of 2/8/2022 12:21 PM CST
Associated Case Party: Wimbish Kelly Construction, LLC
Name BarNumber | Email TimestampS ubmitted | Status
David Gregory Harris 24029600 dharris@ cphattorneys.com | 2/8/2022 12:16:27 PM SENT
Associated Case Party: The Sparks Family Living Trust
Name BarNumber | Email TimestampSubmitted | Status
Kendall ValentiS peer kspeer@ cjmhlaw.com 2/8/2022 12:16:27 PM SENT
Minh X.Nguyen mnguyen@ cjmlaw.com | 2/8/2022 12:16:27 PM SENT
Case Contacts
Name BarNumber | Email TimestampSubmitted | Status
J osephine Y barra jybarra@ cphattorneys.com 2/8/2022 12:16:27 PM SENT
Karla Strickland kstrickland@ cphattorneys.com | 2/8/2022 12:16:27 PM SENT
Preview
Filed: 2/8/2! 12:16 PM JOHN D. KINARD - istrict Clerk Oral Zoom Deposition - Amy Patrick Galveston County, Texas Envelope No. 6154)896 January 19, 2022 By: Shailja[Dixit 29, 4 PM CAUSE NO. 20-CV-1704 RAYMOND D. JETT AND SUE E. JETT ) IN THE DISTRICT COURT OF INDIVIDUALLY AND AS TRUSTEE OF ) THE SPARKS FAMILY LIVING TRUST ) Plaintiffs ) ) Vv ) GALVESTON COUNTY ) WIMBISH KELLY CONSTRUCTION, LLC D/B/A PUTNAM BUILDERS ) Defendants ) 122ND DISTRICT COURT REPORTER'S CERTIFICATE ORAL ZOOM DEPOSITION OF AMY PATRICK January 19, 2022 10 I, Lindi S. Roberts, Certified Shorthand Reporter in and 11 for the State of Texas, hereby certify to the following: 12 That the witness, AMY PATRICK, was duly sworn and that the 13 transcript of the deposition is a true record of the testimony 14 given by the witness; 15 That the deposition transcript was duly submitted on 16 Vas/xa to the witness or to the attorney for the 17 witness for examination, signature, and return to me by 18 a 14/39. 19 That pursuant to information given to the deposition 20 officer at the time said testimony was taken, the following 21 includes all parties of record and the amount of time used by 22 each party at the time of the deposition: 23 Kendall Speer (6 Minutes) Attorney for the Plaintiffs 24 David G. Harris (1 Hour/47 Minutes) Attorney for the Defendants 25 Lindi S. Roberts & Associates (830) 228-4634 61 Oral Zoom Deposition - Amy Patrick January 19, 2022 I further certify that I am neither counsel for, related to, nor employed by any of the parties in the action in which this proceeding was taken, and further that I am not financially or otherwise interested in the outcome of this action. Further certification requirements pursuant to Rule 203 of the Texas Code of Civil Procedure will be complied with after they have occurred. Certified to on this QY day of Qannarvy 10 2022. 11 12 ZLindf , hf A S$.LalRoberts, CSR 13 Texas CSR 2410 Expiration: 11/30/22 14 Lindi S. Roberts & Associates Firm Registration No. 558 15 P.O. Box 311905 New Braunfels, Texas 78131 16 lindi@gvtc.com 17 18 19 20 21 22 23 24 25 ‘Lindi S$. Roberts & Associates (830) 228-4634 62 Oral Zoom Deposition - Amy Patrick January 19, 2022 FURTHER CERTIFICATION UNDER TRCP RULE 203 The original deposition Was)was not returned to the deposition officer on 2/slwoar If returned, the attached Changes and Signature page(s) contain(s) any changes and the reasons therefor. If returned, the original deposition was delivered to David G. Harris, Custodial Attorney. $ 623. is the deposition officer's charges to the 10 Defendants for preparing the original deposition and any 11 copies of exhibits; 12 The deposition was delivered in accordance with Rule 13 203.3, and a copy of this certificate, served on all parties 14 shown herein, was filed with the Clerk. 15 Certified to on this G aay of Lbs 16 2022. 17 18 PB ematc f) Ly S Lindi S. Roberts, CSR 19 Texas CSR 2410 Expiration: 11/30/22 20 Lindi S. Roberts & Associates Firm Registration No. 558 21 P.O. Box 311905 New Braunfels, Texas 78131 22 lindi@gvtc.com 23 24 25 Lindi S. Roberts & Associates (830) 228-4634 59 Oral Zoom Deposition - Amy Patrick January 19, 2022 CHANGES AND SIGNATURE DEPOSITION OF AMY PATRICK PAGE LINE CHANGE REASON ~PEPOSITION OF “AMY PATRICK wa 10 11 12 13 I, AMY ‘PAIRICK, have read the foregoing ‘deposition and 14 hereby’ attix my signature that same. is true: “and correct, i5 except. as “noted above. Le 17 CAYO “AS ip AMY PATRICK 18 THE STATE OF 19 COUNTY OF o yes —__. fo: Me, 7, on this day 20 ally: appeared “AMY: PATR: ‘and-proved tome, through do; ent, .to..be;the ‘person whose ai 0 ng instrument, and thi ey ‘ecute: “game* “for the 22 purp id 0 expres Give: ximy hand and seal of office‘on’this 34h day 23 of LM 7 2022, 24 ‘CLARISSE NOGUERA’. KAS Notary i 4131670468 NOTAR' iC “IN, FOR 25 A My Cornmission Expires THE STATE OF —‘“Iedac ‘August 3, 2022 tes Changes ~ Deposition of Amy Patrick, January 19, 2022 Page | Line_| Change Reason 22 5 There is guidance from FEMA on the ‘procedure for filling out Clarification Elevation Certificates, but nothing is specifically mentioned about where to measure the crown ofthe road from. Certain guidance suggests | it’s taken from the point of the road nearest ‘the residence, but there is insufficient guldance to conclusively confirm this. 24 7 As stated in the following question’s response, the house was Clarification not constructed in accordance with the building permit..Itwas theréfore not cavisructed in acrordance with the contract ‘documents. 26 I'm nota surveyor. I’m not able to conclusively state whether Clarification the correct benchniar! and.datum wi used based iupon \the values given, nor do | believe thata license yor. would be able to ) conclusively det d re the ncy came from given the information provided in the ail, 32 14 :to'conform to the Zone C requirements, which it does not: Clarification 33 14 «reflect a low flood risk ina hypoth etical location. Clarification 34 17 However, when a builder fails to mmodate the fundamental Clarification floodplain iTequirements—requ Which are so critical that they are in all cap: onthe iIding permit—then they have imposed a significant risk of flooding on that which they have constructed. 36 20 Ihave worked with insurance companies extensively. do not Clarification make ‘final determinations as to whether a loss is covered, but in my extensive experience, when determining’ Whether’a loss is covered, an adjuster will ask me fundamental questions within my expertise, like ‘was this constructed in accordance with floodplain regulations?” If lanswer “no,” that answer is influential in their decision to cover a claim or to discontinue coverag 47 ways predictably creates Clarification foundati fo ard, | expect to have to rep edly ri ir crac illed piers below a house to support it (pressed t a Viable solution with the expansivéness and relativ rength of Houston soils and the depth to which ihe affected by seasonal wetting). | expect to see some deg continued differential movement long-term, to say nothin he aesthetic implications of raising a house. ° 49 25 Properly ising a house is ofteh c han a reconstruction. Clarification The implications of improperly raising ‘a house are that long- term differential movement often occur. ss Changes = Deposition of Amy Patrick; January 19, 2022 Page| Line Chaiige Reason 50 4 Thére would certainly be aesthetic and architectural concerns, Clarification 52 10 However, housé-lifting is a very new trend inthe’ Holiston- Clarification Galveston: area, and the ‘long: term implications ofthis repair method are only just b ining to 1e to light; Very few pre mals are co izant of the | issues involved, and nobody is talking jut them is they specifi cally | pertain to the Seasonal id soil co! jons found in this area. 55 12 However, as referericed in my report, a durable’ repair would Clarification the installation of drilled piers,beneath the Tesidence, plus reconstruction ofthe flo lab and gr beams. 'In my experienc e of rep; is immensely ‘costly, likely introduced | rm foundatio: es to a certain degree, and has nisi eed a more cost-effective method for-ensuring a durable repair. 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. Envelope ID: 61540896 Status as of 2/8/2022 12:21 PM CST Associated Case Party: Wimbish Kelly Construction, LLC Name BarNumber | Email TimestampS ubmitted | Status David Gregory Harris 24029600 dharris@ cphattorneys.com | 2/8/2022 12:16:27 PM SENT Associated Case Party: The Sparks Family Living Trust Name BarNumber | Email TimestampSubmitted | Status Kendall ValentiS peer kspeer@ cjmhlaw.com 2/8/2022 12:16:27 PM SENT Minh X.Nguyen mnguyen@ cjmlaw.com | 2/8/2022 12:16:27 PM SENT Case Contacts Name BarNumber | Email TimestampSubmitted | Status J osephine Y barra jybarra@ cphattorneys.com 2/8/2022 12:16:27 PM SENT Karla Strickland kstrickland@ cphattorneys.com | 2/8/2022 12:16:27 PM SENT