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
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.