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Curtis D. Harris, BS, CGREA, REB
Bachelor of Science in Real Estate, CSULA
Associate of Arts in Architecture, LACC
State Certified General Appraiser
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IT'S THE LAW-Designation Discrimination is Illegal [FIRREA, Sec. 564.6]: Professional Association Membership http://www.orea.ca.gov/html/fed_regs.shtml#Statement7 Membership in an appraisal organization: A State Certified General Appraiser may not be excluded from consideration for an assignment for a federally related transaction by virtue of membership or lack of membership in any particular appraisal organization, including the appraisal institute.
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Subject: Construction Law Distributed July 31, 2015
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Date: Fri, 31 Jul 2015 13:08:19 +0000
Construction Law Distributed July 31, 2015
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Construction Law
Weekly Summaries Distributed July 31, 2015
Inn By The Sea Homeowner's Association, Inc. v. SeaInn, LLC
Civil Procedure, Construction Law
Supreme Court of Mississippi
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Inn By The Sea Homeowner's Association, Inc. v. SeaInn, LLC
Court: Supreme Court of Mississippi
Citation: 2013-CA-02013-SCT
Opinion Date:
July 30, 2015
Areas of Law:
Civil Procedure, Construction Law
This action was brought by Inn By the Sea Homeowner’s Association, Inc. (“IBTS”) against various defendants involved in the development, design, and construction of Inn By the Sea Condominiums when the condominiums were rebuilt after being destroyed by Hurricane Katrina. Within a year of reconstruction, significant problems with the building began to manifest, problems allegedly related to defects in the design and construction of the property. The trial court granted summary judgment to the defendants after excluding the damages testimony of IBTS’s expert witnesses. IBTS hired Michael Bailey of Kyle Associates, LLC, as its expert structural engineer and Alfred Hayes of Hayes Architect as its expert architect to investigate and identify defects in the design and construction of the property. IBTS timely designated its experts and produced a copy of the witnesses’ reports and cost estimates. In late August 2012, IBTS learned that Michael Bailey had suddenly left his job, moved out town, and could not be located or further made available as an expert on this case. At a subsequent hearing, the trial court orally continued the case without a new trial date in order for IBTS to find a new engineering expert. IBTS hired Ashton Avegno to replace Bailey. Avegno provided his report on November 2, 2012. In addition to largely agreeing with Bailey’s original report, Avegno also expressed concern that the foundation pilings “as designed” were overloaded by as much as “2.82 times its safe capacity and the as built piling would be loaded 2.16 times its capacity.” Avegno was unwilling, however, to provided exact itemized cost estimates for the items of engineering defects he identified. IBTS informed the court that IBTS had been unable to depose any of the defendants’ witnesses, including any of the defendants, and that a new scheduling order should be issued to allow IBTS to conduct depositions and to seasonably supplement its expert reports. The defendants objected to the proposed new scheduling order, arguing that the deadline for expert designations had passed and that Avegno should not be allowed to offer any new opinions, including his opinion that the foundation piles were overloaded. The court granted the motion to exclude Avegno. At some point, Hayes was asked to supplement his report. The defendants moved to strike Hayes’s supplementation and renewed their motion for summary judgment. The court granted the defendants’ motion to exclude Alfred Hayes’s damages testimony as well as the defendant’s motion for summary judgment and final judgment. Inn By the Sea timely appealed. Upon review, the Supreme Court concluded that the trial court did not abuse its discretion in excluding the plaintiff’s witnesses, and therefore affirmed the grant of summary judgment.
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