1

234567I9

10l112l314r5161718l92021

22232425

A

a

Aa

a

a

Aa

aA

I23

45

67

I9

't0

ll at2A1314

SAMPTE DEPOSITION TRANSCRIPT EXCERPT

page 18

The olher work with Homecraft had norhing to dowith this project, no.Have you had any other contaqt with PeabodyEngineers?No.Did Montgomery EngineerinE ever serve as districtengineer for Imerald ForestlWe do now, and we did.When did you start?We started in-our contract is signed by thedistrict in either July or August of '75.Have you served in that capacity on a continuousbasis?Yes-I know this is rather an open-endd question, butcould you describe for me briefly what adistrict engineer would do?On any project?Yes, sir- Just generally.Okay. He generally represents all of theengineering needs of the district which could bedesign in nature; it could be construction.Typically it is design and construction. But alot of distrio engineers' activities could bebest described as consulting, having to do with

/PaEe 19

numerous different things of a technical naturethat a dislrict requires be done- We anend allof lhe district board meetings. We are availablelo recommend and commenl on various reguestsmade of the board, such as connections to theirwaler, sewerage and drainage systems. I thinkyou know that the district is only empowered bylaw to be concerned with water, sanitary anddrainage activities, and therefore that's alllhat's the scope of my service for them alsi.Do you have an annual contracl with the districtiNo. I have an ongoing base contracl lhatrequires that specific services be authorized asthey come up. And so they are normally authorized

84

15 in the minutes of the board meeting.16 a Are you compensated on a project basisl17 A We are-our contract calls for compensation tolB us on an hourly basis, and we have a fee19 schedule that is revised once a year, by the way,20 which may answer your question.21 a When did you start attending the meetings of the22 Emerald Forest Utility District?23 A I believe June of '76 was the first meeting we24 went lo.25 a Would you have been the person in Montgomery

page 20

I tngineering to attend those meetings?2 A Yes.

3 Q As far as you know, have you anended the4 majority of the meetingsi5 A Yes.6 Q ls there anybody else at Montgomery who would7 have taken a share ofthe anending ofthoseB meetings in your place?

. 9 A Yes. Gilbert Flores attended a number of the10 meetings. A gentleman by the name ol )erry1l Paquette, P-a-q-u-st-t-e, attended some of the12 meetings.'I 3 a Where is Mr. Paquette today?14 A Paquette is also in business for himself.15 a ls that here in Houston?16 A lt's here in Houston.17 MR BUSSELL: You are running an

. 18 apprenticeship19 THE WITNESS: Righr- Kind of a20 small Turner, Collie & Braden.21 A His involvement was far less than Flores'and22 mine.23 a (By Mr. Sheehy) Mr. Montgomery, do you have an24 opinion as lo whether there were any problems25 with a line which was initially constructed which

page 21

.l is the basis of this lawsuit?

2 A Yes-3 Q Before we go into the specific problems with the4 line, would you tell me what you baie your

8s

aAa

a

5

67

I9

1011

12

1314r516171819202122232425

opinion on?My opinion is based on an observation of thefacts of the physical observation of the lineitself through the videotapes, review of thefiles; correspondence; discussions with otherprofessionals, contrdctors. And I believe that'sthe 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. Butthere was no way in the course of becominginvolved with the district and designing a

replacement line and becoming the new engineerfor the district, that I could not help butdevelop 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 uncoveredlNo.When you indicated that you reviewed files, wouldrhose be the files which you have with you today?

86

SAMPTE DEPOSITION TRANSCRIPT SUMMARY

Page Narralive

18 The other work with Homecraft had nothing to do with this project.

l8 He has had no other contact with Peabody Engineers.

18 Monlgomery [ngineering has served as distrio engineer for EmenldForesl on acontinual basis since signing the contract in July or August of 1976.

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

'I 9 His ongoing base contract specifies that specific services must be authorized in theminutes of the board meetings as they come up.

19 His contract calls for compensation on an hourly basil based on a fee schedulewhich is revised yearly.

l9 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, andhe 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

21

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

He bases his opinion on physical observation'of the line through videotapes, filereview, correspondence and discussions with other professionals and contractors.

He was not retained specifically to review and critigue this particular project.

He never saw the line when it was uncovered-

21

2'l

87