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Michael Allan Farbstein

Michael Farbstein’s Answers

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  • How to acquire expert witness

    We are having a dispute with a painting contractor and basically fired them half way through a job because they were not prepping adequately. Paint would peel off just by flicking it with a finger! They are still claiming it is a good job and that...

    Michael’s Answer

    1. You can bring an expert to court, even if you have to pay him.
    2. It is compelling that the paint job has failed so quickly.
    3. You can contact trade associations for ideas on experts.
    4. You can contact the contractor's state license board in your state, and make a complaint.
    5. You could counter sue the painter and the paint company. The paint company will make your case for you, as they'll be determined to prove that the paint job is what is to blame.
    6. Try contacting your local bar associaton to see if they publish an expert witness guide, Many do.
    7. Get an estimate to repair the paint job. That painting company will need to testify as well, if you are going to prove damages.
    8. This is also likely a breach of warranty, which is a separate theory of recovery.

    Good luck.

    Michael Farbstein
    in California

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