SAMPTE DEPOSITION TRANSCRIPT EXCERPT page 18

The olher work with Homecraft had norhing to do

with this project, no.

4
5 6 7

a
A

Have you had any other contaqt with Peabody

Engineers?

No.

a a

I
l1
12

Did Montgomery EngineerinE ever serve as district engineer for Imerald Forestl
We do now, and we did. When did you start? We started in-our contract is signed by the district in either July or August of '75. Have you served in that capacity on a continuous
basis? Yes-

10

l3
14

a
A

r5
16 17 18

I know this is rather an open-endd question, but could you describe for me briefly what a

district engineer would do? A

l9
20
21

22

23 24 25

On any project? Yes, sir- Just generally. Okay. He generally represents all of the engineering needs of the district which could be design in nature; it could be construction. Typically it is design and construction. But a lot of distrio engineers' activities could be best described as consulting, having to do with
19

/PaEe

I
2
3

numerous different things of a technical nature

4
5

that a dislrict requires be done- We anend all of lhe district board meetings. We are available lo recommend and commenl on various reguests
made of the board, such as connections to their

waler, sewerage and drainage systems. I think you know that the district is only empowered by law to be concerned with water, sanitary and
drainage activities, and therefore that's all lhat's the scope of my service for them alsi. Do you have an annual contracl with the districti No. I have an ongoing base contracl lhat requires that specific services be authorized as they come up. And so they are normally authorized

't0

ll a t2A
13 14

84

15 16 17 lB 19 20 21 22 23 24 25 I 2 3 4 5 6 7 B 9 10 1l 12 3 14 15 16 17 18 19 20 21 22 23 24 25
'I

a A a A a

in the minutes of the board meeting. Are you compensated on a project basisl We are-our contract calls for compensation to us on an hourly basis, and we have a fee schedule that is revised once a year, by the way, which may answer your question. When did you start attending the meetings of the Emerald Forest Utility District? I believe June of '76 was the first meeting we went lo. Would you have been the person in Montgomery
page 20

A Q A Q A a A a A

tngineering to attend those meetings?

Yes.

As far as you know, have you anended the majority of the meetingsi Yes. ls there anybody else at Montgomery who would have taken a share ofthe anending ofthose meetings in your place? Yes. Gilbert Flores attended a number of the meetings. A gentleman by the name ol )erry Paquette, P-a-q-u-st-t-e, attended some of the meetings. Where is Mr. Paquette today? Paquette is also in business for himself. ls that here in Houston? lt's here in Houston. MR BUSSELL: You are running an

apprenticeship

A a

THE WITNESS: Righr- Kind of a small Turner, Collie & Braden.

His involvement was far less than Flores'and mine. (By Mr. Sheehy) Mr. Montgomery, do you have an opinion as lo whether there were any problems with a line which was initially constructed which
page 21

.l 2 3 4

A Q

is the basis of this lawsuit?

Yes-

Before we go into the specific problems with the line, would you tell me what you baie your

8s

opinion on?

My opinion is based on an observation of the

facts of the physical observation of the line

I
11

10
12 13 14

r5
16 17 18 19

20
21

22
23 24 25

a a

itself through the videotapes, review of the files; correspondence; discussions with other professionals, contrdctors. And I believe that's the scope ofthe people and the sources that I would have talked to or reviewed. ' I was not retained specifically to review and critique this particular project. But there was no way in the course of becoming involved with the district and designing a replacement line and becoming the new engineer for the district, that I could not help but develop an opinion about what happened. Did you make any other observalions of the line? Other than through the videotape? No. Did you ever see the line when it was uncoveredl No. When you indicated that you reviewed files, would rhose be the files which you have with you today?

86

SAMPTE DEPOSITION TRANSCRIPT SUMMARY

Page 18 l8 18
'I

Narralive

The other work with Homecraft had nothing to do with this project. He has had no other contact with Peabody Engineers. Monlgomery [ngineering has served as distrio engineer for EmenldForesl on continual basis since signing the contract in July or August of 1976.
a

8-19 A districl engineer represents all of the construclion and design needs of the district and consults on things of technical nature. He aftends all district board meetings and makes recommendations and comments on requests to the board concerning
connections to the water, sanitary and drainage systems.

'I

His ongoing base contract specifies that specific services must be authorized in the minutes of the board meetings as they come up. His contract calls for compensation on an hourly basil based on a fee schedule

19 l9

which is revised yearly.

He attended his first meeting of the Emerald Forest Utility District in June of 1976.

'19-2o He is the Montgomery Engineering person who would attend those meetints, and he has attended the majority of them.

20

Gilbert Flores and Jerry Paquette attended some of the meetings. Paquette is in 'business for himself in Houston. Paquette's involvement was fir.less-than Flores' or
the witness'-

2V21 He believes there were probJems with the line which is the basis of this lawsuit.
21

He bases his opinion on physical observation'of the line through videotapes, file review, correspondence and discussions with other professionals and contractors. He was not retained specifically to review and critigue this particular project.

21

2'l

He never saw the line when it was uncovered-

87