The firm’s client was hired by Caltrans to construct a retaining wall that was built in accordance with Caltrans issued plans and under the full-time continuous inspection of the agency’s resident engineer. The plans specified the installation of weep holes at the base of the wall to allow for drainage of water in the backfill area behind the wall. However, the plans failed to provide a design for the delivery of stormwater discharge away from the base of the wall. This design failure resulted in massive flooding of four adjacent residential properties during rain events.
Scrutiny of investigative documents reveals unforeseen design defect.
In the ensuing negligence action against the firm’s client, the firm obtained key investigative documents from Caltrans showing that the damages were caused by an unforeseen defect with the wall’s design and not by any construction errors and omissions. There was also evidence that the claims were barred by the three-year statute of limitations applicable to patent defects. Shortly after the firm provided plaintiffs’ counsel with these key documents and proof that the claims were without merit as time barred, the plaintiffs dismissed the firms’s client with prejudice in exchange for a waiver of costs.
Counsel: David W. Smiley