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Lee Webb 2023 Seg Expert Witness Retention Contract 9 12 23

Field Value
Category Expert Materials
Confidence high
Reason Expert witness retention contract for Lee Webb/Shields Engineering
Original File lee-webb-2023-seg-expert-witness-retention-contract-9-12-23.pdf
File Type PDF
Source hdd-2
lee-webb-2023-seg-expert-witness-retention-contract-9-12-23.pdf

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SHIELDS ENGINEERING GROUP, INC. EXPERT WITNESS RETENTION AGREEMENT

  1. SERVICES TO BE PROVIDED BY EXPERT

A.

The undersigned Client (“Client”) hereby engages Lee Webb, PE, (“Expert”), in connection with the matter

(“Matter”) herein described. Mr. Webb, PE, is a Principal with Webb Engineering Group.

Expert will only become

retained when Expert receives a Retainer of $2,500, and this signed Contract. Expert has no duties to Client until such time. Mr. Webb curriculum vitae (CV) is attached to this agreement. B. In consideration of such retention, the parties agree that Expert will provide expert witness services, subject to any

delays due to Acts of God, governmental action or any other causes beyond Expert’s reasonable control. Expert duties will include: Formulate with honesty and due care, and truthfully express Expert’s opinion(s) in those areas (and only those areas) where Expert feels qualified to render an opinion and where Client has requested an opinion; however, Expert is under no duty to provide or express opinions if Expert is given time deadlines, or cost-based or other restrictions by Client that would not reasonably allow Expert in good faith to formulate and express his opinions with reasonable care. The Expert’s methodology is to avoid any written reports or opinions without specific authorization or request of Client. 2. CLIENT DUTIES

A. Client’s duties specifically include, but are not limited to: (a) Promptly providing Expert with copies of or access to all non-privileged, arguably relevant documents and evidence in this matter; (b) Providing Expert with prompt notice of any Daubert or Frye type motions, motions 1n limine, or other pre-trial motions made by anyone to restrict,

exclude or in any way limit Expert’s testimony or participation in the underlying legal matter; (c) Being available as reasonably requested to meet with and prepare Expert prior to anticipated/scheduled testimony; and (e) Promptly notifying Expert of testimonial and other deadline dates. Expert shall have the absolute nght to withdraw from the case, without any liability, if Client violates any of the duties set forth above. B. Client shall provide, at no expense to the Expert, a copy of the designation of the Expert, deposition testimony and any declaration executed by the Expert. Client shall be entitled to receive, upon request, a copy of any notes, analyses or other documents created and retained by Expert in the course of this engagement, the originals of which shall remain in the property of the Expert.

Client to also provide documentation in their files, as requested by Expert, regarding

the matter. C. Client shall make reasonable efforts to ensure that deposition notices for the depositions of the Expert comply with pertinent provisions of the Code of Civil Procedure (CCP), including scheduling, time estimates, and tendering appropriate fees. 2. FEES, EXPENSES, AND PAYMENT

A. Client shall be solely responsible for payment for all work done and expenses incurred by Expert:

Retainer, to be provided before work commences

$2,500.00

All work done (billed in quarter-hour increments) with non-working

travel time billed at 2 the hourly rate) Staff Rates:

Principal Engineer

$350.00 / hr

Senior Engineer

$275.00 / hr

Project Manager

$135.00 / hr

Expert testimony

(deposition or Court @ $350/hr with a $2,000 daily max)

$2,000.00 / daily max

Personal automobile at 0.75 cents per mile, coach class for direct nonstop air travel, plus all other usual and customary or agreed-upon expenses

Shields Engineering Group, Inc.

Cost x 1.1

2023

B. Client will be billed as necessary to replenish the Retainer and/or to pre-pay for immediately anticipated work/expenses. If Client wishes Expert to continue work, Client shall ensure such replenishment or pre-payment. In general, no work or travel will be done, reports or testimony provided, or expenses incurred unless sufficient funds are in the Retainer. Any unused monies remaining in the replenished Retainer at the end of the case will be refunded. Fees/expenses may be increased 12 months after retention. 3. MATTER

Representation as Expert for the purpose of litigation support in: 2740 Grove Street Drainage and Property Issue 4. DISCLAIMER

Expert has made no promises or guarantees to Client concerning the outcome of the Matter, and nothing in this Agreement shall be construed as such a promise or guarantee. 5. BINDING ARBITRATION

This Agreement, which constitutes the entire understanding between the parties, shall be construed under Georgia law as if written by both parties and all services provided in Fulton County, Georgia, where venue and jurisdiction shall lie for any controversy, claim or dispute arising out of or in connection with this matter. Any such controversy, claim or dispute shall be resolved through binding arbitration in Fulton County, Georgia, in accordance with the then applicable rules of the American Arbitration Association. Any resulting arbitration award will be enforceable in any state or federal court, and the prevailing party shall be entitled to recover reasonable attorney’s fees and costs. 6. AGREED: Expert / Authorized Signer

Lee U2b6

Lee Webb, PE, Senior Engineer

Shields Engineering Group, Inc.

409 John Wesley Dobbs Ave, Ste F Atlanta, GA 30033

Federal Tax I.D. 26-3956187 Date:

Client / Authorized Signer

Print Name: Client Address:

Date:

Shields Engineering Group, Inc.

2023