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To put this case all on the Record, all Discovery, both Requests and Responses were filed with the Clerk of the Court by the Defendant Pro Se, not just the Certificates of Service.
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AFFIDAVIT FROM ROBYN MCKINNEY REGARDING ENGINEERING INSPECTION REPORT

January 6, 2006
AFFIDAVIT OF ROBYN MCKINNEY  

STATE OF GEORGIA
COUNTY OF GWINNETT

Personally appeared before the undersigned officer authorized to administer oaths, comes Robyn McKinney, who after having been duly sworn, deposes and states:

1.
I am over the age of 21 years and I am the spouse of the Defendant in this action. I reside at 4083 Red Laurel Way, Snellville, Georgia in Gwinnett County. I am of sound mind and body and have personal knowledge of the matters stated below.

2.
On behalf of the Defendant I contacted and obtained the inspection services of the Registered Professional Engineer firm known as Macon E. Gooch, III Building Consultants, Inc. located at 629 Airport Road, NE, Suite A, Lawrenceville, Georgia 30045.

3.
I met with the inspector and assisted him in inspecting all the areas where work had occurred on the residence at 4083 Red Laurel Way, Snellville, Georgia.

4.
I supplied the inspector with copies of the contract, any relevant documentation and answered any and all of his questions.

5.
When the inspection was complete I paid the inspector his inspection fee.

6.
I received in the mail two (2) originals of the three (3)-page inspection report dated September 28, 2005, signed and stamped with the Georgia Registered Professional Engineer seal of Macon E. Gooch, III, GA P.E. No. 8889, ICC PEF002999, Residential Combination Inspector.

7.
I placed in the mail one original copy of the report addressed to Plaintiff?s attorney on October 29, 2005 with the certified mail receipt #7004 2510 0006 6097 6036.

8.
Attached, as Exhibits to this affidavit is a true and correct copy of the three (3) page, engineers report, dated September 28, 2005 along with a true and correct copy of the signed return receipt from the office of Plaintiffs attorneys postmarked October 31, 2005 showing the certified mail receipt #7004 2510 0006 60976036.

9.
I am personally knowledgeable and competent to testify to all things stated in this affidavit.

FURTHER AFFIANT SAYETH NOT.


_____________________________
Robyn McKinney


AFFIDAVIT FROM TED LANSING LEGAL DEPARTMENT

December 9, 2005
AFFIDAVIT OF LYNN K. WHYTE  

STATE OF VIRGINIA  
COUNTY OF HENRICO

Personally appeared before the undersigned officer authorized to administer oaths, comes Lynn K. Whyte, who after having been duly sworn, deposes and states:

1.
I am over the age of 21 years and I am employed by Lansing Building Products, Inc. (formerly Ted Lansing Corporation) where my title or position of employment is Vice President, Administration. I am of sound mind and body and have personal knowledge of the matters stated below.

2.
After diligent searching and investigation into the matter of the Windjammer Series 40 Replacement Vinyl Windows ordered by Insulated Wall Systems on September 20, 2004, I can attest to the fact that there were no errors in the processing of order #3045453.

3.
The order was entered into the Ted Lansing ordering system correctly and transmitted to the manufacturer of the windows, who is Atrium Windows and Doors of Welcome, North Carolina.

4.
The Windjammer Series 40 Replacement Vinyl Windows on this order were ordered to be manufactured with low-e glass but argon gas was not specifically requested or ordered.

5.
Furthermore, the records show that no reorder has been processed for the windows on this order to be remade or manufactured with argon gas.

6.
The Windjammer series 40 windows delivered to Insulated Wall Systems, Inc. on or around September 28, 2004 for the McKinney project did not include argon gas.

7.
One other Windjammer series 40 window was ordered by Insulated Wall Systems, Inc. on October 11, 2004 for the McKinney project, order # 3046005 and it was delivered on or about October 20, 2004 and it did not include argon gas.

FURTHER AFFIANT SAYETH NOT.

_____________________________
Lynn K. Whyte

(VICE PRESIDENT AT TED LANSING BUILDING PRODUCTS)
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AFFIDAVIT FROM JOHN TABOR, CONTRACTOR/PLAINTIFF

July 27, 2005
AFFIDAVIT OF JOHN TABOR

STATE OF GEORGIA  
COUNTY OF FULTON

Personally appeared before the undersigned officer authorized to administer oaths, comes John Tabor, who after having been duly sworn, deposes and states:

1.
I am over the age of 21 years and President of Insulated Wall Systems, Inc. Plaintiff in the above-entitled action. I am of sound mind and body and have personal knowledge of the matters stated below.

2.
I am the drafter of the pre-printed portions of Insulated Wall Systems, Inc's contract which became the basis of the contract the Plaintiff entered into with the Defendant in this matter.

3.
The Defendant takes issue with a sentence contained in the pre-printed portion of the contract. That sentence states: "The acknowledgment of the completion of the work, signed by the owners, shall be sufficient notice that this contract has been satisfactorily completed by the contractor on the date thereof in accordance with the terms of this contract."  I am the author and drafter of that sentence.  That sentence is contained in all of the Plaintiff's pre-printed contracts for the purpose of securing financing from a third party.

4.
I inserted such sentence in the pre-printed form contract as lenders typically require such language to notify the owner/borroweer that such signed statements shall be sufficient for the mortgagor to release the borrowed proceeds to the Plaintiff upon completion of the work.  The statement is for the protection of the lender and in no way inures to the benefit of the Plaintiff.  Furthermore, the statement has no application in this case as this was a cash sale.

FURTHER AFFIANT SAYETH NOT.

________________________
John Tabor

THIS AFFIDAVIT WAS NOTARIZED BY JOHN TABOR'S BROTHER ROBERT TABOR WHO IS AN OFFICER WITH THIS CORPORATION










 

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