In representing a client on a construction defect claim, I am often faced with an opposing party who submits an "expert report" that is nothing more than an estimate, provided by a contractor. I believe any contractor is more than pleased to provide an estimate for services. However the contractor's estimate is later presented by a party involved in a dispute, as proof of a defect or evidence supporting their claims in a code suit. It is my familiarity and firm belief that when a vendor, subcontractor or tradesperson is questioned to provide a bid for employment, that is precisely what will be delivered. Small thought is given by the contractor, as to why they are providing the estimate. I believe a qualified contractor's estimate to perform services is not objective at all. Indeed what could be more subjective?
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