Beck v. Metropolitan Property and Casualty Insurance Company, No. 3:2013cv00879 - Document 89 (D. Or. 2014)
Court Description: OPINION and ORDER - For the reasons stated, Metropolitan's Motion 64 for Reconsideration of Discovery Ruling is DENIED. IT IS SO ORDERED this 5th day of September, 2014, by United States Magistrate Judge John V. Acosta. (Attachments: # 1 Attachment 3/2/12 retention letter) (peg)
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8 L c A K H .E L ATTORNEYS T E ANO R L N OOUNBELORS AT E LLP LAW ANDREWT. REILLY E-mail: ntr@bhJnw.com Admlffed 111 Oregon and 1Vaslil11gto11 Our File No. 001935-0006 March 2, 2012 Harry A. Shook Partners Inc. 436 N.W. 119111 Street Vancouver, WA 98685 Reference: Lucille Beck Fire Loss Services Retention Agreement Dear Harry: Enclosed is an executed fee/retention agreement regarding our engagement of you and Partners Inc. as experts to assist us with the preparation and presentation of Ms. Beck's fire loss claim at her residence, 1430 S.W. Englewood Drive, Lake Oswego, Oregon. Ms. Beck is sending you under separate cover a check in the amount of $2,500 to cover your retainer. Our understanding is that she will also be sending a spare house key at that time. You are free to access the home at any time. To reiterate from our prior discussions, our goal in retaining you is to have a reliable, credible, and unimpeachable scope and bid/estimate prepared regarding ihe work necessary to repair or replace the dwelling at the above location to its pre-loss condition. Such a scope and bid will allow 11s to more effectively analyze and challenge, if necessary, those scopes and bids being prnmulgated by Ms. Beck's insurer, MetLife, and its own retained contractor, McBride Constrnction. Of course, we would also be relying upon your expertise and assistance in reviewing and commenting upon those competing scopes and bids. Please treat all communication with this office and Ms. Beck as confidential, and - for the time being at least-refrain from discussion our engagement with anyone other than your staff and those to whom such disclosure is necessary for you to perform your contractual obligations. BOB SOUTHWEST BROADWAY ¢ SUITE 1900 ¢ Tl':l..!:PHDNE SCJS,224.5560 FA1HllMll..E PllR'TLANO OREt!ION 97Z05 ¢33B9 503,2 24,61 4B WWWollHl..AWoDOM Harry A. Shook March 2, 2012-Page 2 Finally, while the enclosed fee/retention agreement does not contain a cap on your anticipated fees, and while we have previously discussed the potential adverse effects of imposing such a cap, you previously opined that your anticipated fees for the requested services would fall in the $4,000 - $5,000 range. We do not intend to hold you to these numbers as a fixed upper end, but would ask that you notify us as soon as possible if it appears that your fees might exceed these figures by 20% or more, so that we can be mindful of how best to utilize you as a resource. We look forward to working with you on this project, Harry, and eagerly anticipate receipt of your proposed scope and bid. Please contact me if I have mis-stated anything about our prior discussions or your understanding of our relationship, or with any other questions or comments about the process going forward. Best regards. ATR:cld Enclosure cc: Lucille Beck (w/enc.) Clarence H. Greenwood, Esq. (w/enc,) 508898 PARTNERS INC 1 436NW11 9 h Street Vancouve rWA 98685 360 573·7962 Fax 360 574·4806 Enclosed Is my resume of testimony, real estate, and construction work. As owner of Partners Inc. General Contracting and Real Estate Services, I have provided construction-related testimony in the following fields: ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ Trade practices Construction standards of the industry Uniform building code Real estate principles and practices Real estate development Issues Product defects Architectural and design errors Analysis of plans and specifications Construction contracts Case preparation Selection of other specialized experts Accounting practices Defective workmanship Competitive pricing Fraud My hourly fee schedule is as follows: ¢ ¢ ¢ Initial preparation, preliminary Inspection, file analysis, and case preparatlon ................................. $145.00 Depositions and testimony ........................................... $175.00 Arbitration and mediation services ................................. $225.00 Fees for difficult Inspections and work around hazardous sites are based on the scope of work required. · Sincerely, Harry A. Shook HAS:ss Encl. Accepted by: Date: /(4.--eh Z,1 Z.OIZ,.
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