Tuesday, March 25, 2003 | 8:46 a.m.
The Legislature is considering Senate Bill 273, which is aimed at property owners who file construction-defect lawsuits against their contractors. Once a lawsuit is filed, the contractor would have the right to be present whenever the property is inspected for the purpose of documenting the alleged defect.
One of those arguing for this bill last week was Sen. Mike Schneider, D-North Las Vegas, who sponsored it. He augmented his arguments with photos, which purportedly showed inspectors hired by trial attorneys manipulating roofing tiles in order to bolster a defect case against a contractor.
Schneider, who has been sharply critical this legislative session of trial lawyers, accusing them of a "legal shakedown" of the construction industry, refused to reveal anything about the photos. He wouldn't say when or where they were taken. He wouldn't say which case they were linked to or which lawyers were involved. Nevertheless, he offered them as proof that contractors are the victims of lawyers who are not above fabricating evidence if it would help them secure a hefty settlement.
If Schneider is going to bring such allegations to a Senate debate, he should be prepared to back them up. By producing those photos, Schneider was claiming that some lawyers somewhere were engaging in fraud. If he has information about fraudulent lawyers, information solid enough to use as evidence in support of his bill, he should bring it forward for appropriate action. If his information is not solid enough for full disclosure, then he should not be using it at all.
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