Return to index: [Subject] [Thread] [Date] [Author]

EOR and Construction Defects

[Subject Prev][Subject Next][Thread Prev][Thread Next]
I have read a few postings today regarding "defects" and the EOR's liability 
and would like to comment:

    First, just because "structural defects"  existed in a project does not 
necessarily implicate the EOR.  If you will remember my prior comments, 
defects, even structural, do not mean necessarily that the enginner is at 
fault.  This is true even if the engineer's design was found, hypothetically, 
to be below the standard of care, or not per code.  "Construction Defects" 
are caused by, among others, improper construction procedures, defective or 
inferior materials, lack of quality control, lack of experienced and skilled 
labor, mistake in reading and following plans, or pure and simple, a 
contractor's negligence or even incompetence!!  I would not jump to a 
conclusion that the engineer is at fault.  

    It is necessary to place blame where it belongs, and hence I go back to 
my comment that the inquiry should be:  "Did the engineer's design cause THIS 
damage?"

    This inquiry requires a careful engineering as well as legal analysis, 
and a sophisticated refinement of the relationship between those two concepts 
in a defects cases.  

    My personal view is that the insurance carrier and defense counsel are 
either not interested in doing that, not capable, or both.

George Hakim