GBA Case History Series – Case History #108 - Out of Scope Assistance Causes Problem
Summary
GBA has published over 100 case histories based on real-life events that have happened to geoprofessional firms. This episode in the series explores Case History #108, where a GBA-Member Firm provided suggested changes to a sewer pipe design in order to keep construction moving forward on a five-story senior-living facility. Four years later, swelling clays caused the sewer line to back-up and the lower-level slab began showing heaving related distress. That good deed with other project related complications resulted in a $25 million claim that required an extensive defense of contract limitations of liability, standards of care, and project documentation.
Topics for discussion include:
- Project background [min. 2:10]
- What were the major issues and causes of issues on the project? [min 8:00]
- What was the claim by the client? [min. 9:00]
- What was limitation of liability on the project? [min. 10:40]
- What were findings? [min. 11:28]
- Beginning of interview with Joe Geo. [min. 13:27]
- Impacts to firm. [min. 18:10]
- How did daily field reports contribute to this issue? [min. 25:30]
- Discussion on Colorado law regarding residential work. [min. 27:15]
- What does firm do differently now because of this case regarding residential work? [min. 29:15]
- What happens when your insurance company gets involved? [min.30:57]
- Where can you get a copy of this case history? [min 32:22]
- Lessons learned. [min. 32:36]
- Big takeaway. [min. 44:40]
Lessons Learned:
- No Good Deed Goes Unpunished
- Prevent Recommendations from Becoming Requirements
- Do Not Unilaterally Deviate from the Scope of Services
- It Pays to Be Your Brother’s Keeper
- Documentation Can Be Your Best Defense
- Consider Limitation of Liability During Your Go/No-Go Analysis
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This episode was produced by the following GBA Members:
