A developer will pay $3.2 million in damages plus $3.9 million in legal fees and expenses to the owner of a property that sustained structural damage related to the shoring of the developer’s adjacent 17 story apartment building in Bethesda, Maryland. Apparently the developer settled with the owner regarding the damages 4 days before trial in December of 2013. The details of the settlement were released in a court order last week that was associated with a hard-fought battle over the legal fees. There are undoubtedly other legal and insurance issues happening behind the scenes. The article indicates that the foundation and shoring subcontractor on the project claims the damage was caused by the August 2011 earthquake felt throughout the D.C. region. Regardless of what the geotechnical engineering issues are with the shoring system, it’s clear this has become quite a legal mess. [Source: BethesdaNow. Image: BethesdaNow]
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Judge Rules City of San Diego Not Responsible for Mt. Soledad Landslide in 2007
The Mt. Soledad Landslide in a La Jolla California neighborhood destroyed 3 houses and damaged others and it also shut down Mt. Soledad Road for an entire year after it occurred in October of 2007. Residents blamed the city of San Diego, and 65 homeowners filed suit, claiming that leaking pipes caused the landslide and the City should cover damages.
Last week, a superior court judge ruled in favor of the City of San Diego. So far I have not seen anything indicating if the residents plan to appeal the ruling.
One interesting note regarding the trial, the City released an 8-minute cell phone video taken by a geotechnical engineer or drilling contractor employed by the City that showed the road cracking and buckling just prior to failure. The homeowners used the video to try to make their own case. Click through for a portion of the video and a link to the full one.