A federal judge in Seattle dismissed a lawsuit Friday aimed at stopping construction of a tunnel replacement for the Alaskan Way Viaduct. Judge John Coughenour said the people who brought the suit in September hadn’t […]
A nearly three year battle between homeowners affected by the 2007 landslide on Mt. Soledad Road in a La Jolla neighborhood is now over. I first blogged about this event shortly after it happened as […]
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.
A partially completed luxury condominium development on South Padre Island on the Texas Gulf Coast is slated for demolition after it has settled by 14 to 16-in, more than double the settlement of the attached […]
Thomas and Marker Construction won a $1.5 million lawsuit against Wal-Mart on December 23, 2008 through a unanimous jury verdict and court order in Federal Court in Dayton, Ohio. The lawsuit was related to unanticipated […]
In case you missed the background on the Kilbuck Landslide (or here or here), it happened in Kilbuck Township, PA back in in September of 2006. To deal with the political hot potato and media nightmare, Wal-Mart bought out the developer on the unfinished property and began handling remediation of the slide itself. Now, it appears as if they want their money back from the developer! Read on for more details.
The City of Vancouver is suing a developer, excavation contractor and their consulting engineer for the costs of repairs, overtime for city employees and lost revenue from parking meters etc stemming from an apparent failure of a shoring system that formed a 30-meter sinkhole. No mention of the developer’s name or the engineer, but the contractor was Matcon Excavation and Shoring. The site will be the future home of high-rise condominiums…if the City lifts it’s stop work order.
The failure of the shoring caused a break inf a 20-cm water main ultimately flooding the site. It also necessitated the closure of the adjacent street. Of course this invites the whole chicken or the egg scenario. The defendants will probably argue that the water line failed first causing the failure of the shoring, but of course the City Engineer, Tom Timm was not shy about fingering the shoring as being deficient.
"It’s some kind of a failure of the shoring system . . . either a design issue or the way it was put in place."
The ASFE website has an interesting article on the ethics involved in expert witness testimony. They have been at the forefront of that arena since the publication of Recommended Practices for Design Professionals Engaged in the Resolution of Construction Industry Disputes, a document endorsed by 37 major organizations. The most interesting part in my mind was how they point out the role of an expert witness is to provide an opinion as to whether the standard of care was followed or not. According to ASFE, many expert witnesses do not do the necessary research to determine what the standard of care is. More…