CASE HISTORY NO. 97

A construction-management company retained the ASFE-Member Firm to perform a geotechnical engineering study for a simple structure that involved somewhat complex subsurface issues. The Member Firm later submitted a proposal to observe construction, but the client instead asked the Member Firm to sign a purchase order that included several troublesome conditions. The Member Firm refused, but – having worked with the client before – it agreed to move forward. Serious problems arose, but none was caused by the Member Firm. It was named in the suit nonetheless and agreed to participate in mediation. The firm’s CEO argued that the firm was blameless and so owed nothing. The owner’s attorneys said they didn’t care; the firm would have to pay something. It did, and because it was accommodating, it retained the good will of both the client and the owner.

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