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FROM THE BENCH: Standard of Care

from ConstructionRisk.com

William H. Gordon Associates, Inc. was retained by the Heritage Fellowship to design plans for an underground rain-tank system to be installed beneath the parking lot of a new church sanctuary. As the constructor began work, it used a request for information (RFI) to ask about the tank's suitability for the location, given its high water table, as well as installation and performance issues. In response, Gordon referred to information in the manufacturer's drawings to indicate that the high water table would not affect the tank’s performance. Then, a few months after installation was complete, the tank collapsed. In the litigation that ensued, the trial court found Gordon was negligent because its professionals breached their standard of care by failing to appropriately evaluate the tank's suitability, failing to verify a manufacturer's specifications before incorporating them into their own plan, and failing to respond to appropriate RFIs during construction. more


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