GBA Case History Series – Case History #89 - Don't Rush Go Along to Get Along. Don't Get Bullied

Summary

A GBA Member Firm’s scope of services included a geotechnical engineering study and construction materials engineering and testing (COMET) services for a medical office building in area with old fill, expansive soil, and shale. During construction, the Member Firm was discouraged (“if we want your opinion we will ask for it”) from making suggestions and was only responsible “to enforce the plans and specifications as written and recommend alternative approaches only if specifically requested to do so.” A few months after construction ended, sidewalks began to move due to frost heave. The Member Firm and constructor in charge got the blame, which eventually led to mediation. The client’s former project engineer “spoke highly” of the Member Firm, which got them released from the litigation.

Our Hosts:

Elizabeth Brown, PE - Principal Geotechnical Engineer/JLT Consultants

Elizabeth is the Principal Geotechnical Engineer at JLT Consultants in Boise, Idaho. Elizabeth has performed and/or assisted with numerous geotechnical investigations throughout Idaho, Oregon, Washington, and Wyoming managing projects, providing geotechnical design, project quality control, cost and value engineering, and evaluating geotechnical constructability issues.

Tim Rodriguez – COO/BSK Associates

Tim is the Chief Operating Officer of Geoprofessional Services at BSK Associates, an employee-owned engineering firm. With over 30 years in materials testing and inspection, he oversees six Northern California offices and chairs BSK's Board of Directors. Tim is Past-President of the California Council of Testing and Inspection Agencies.

Lessons Learned:

A Limitation-of-Liability Provision Is Essential
Don’t Use Two Contracts When One Will Do
Understand the Personalities Involved: Use Personal Diplomacy
Don’t “Go Along to Get Along”
Know the Limits of Your Authority to Deviate from the Plans and Specifications
Professional Performance Is Essential
Document

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This episode was produced by the following GBA Members:

Tim Rodriguez – COO/BSK Associates
Elizabeth Brown, PE - Principal Geotechnical Engineer/JLT Consultants
Ryan White, PE, GE – Principal Geotechnical Engineer/Apex Companies, LLC

#89 - Case History - Don't Rush Go Along to Get Along. Don't Get Bullied