Higgins & Associates was hired by an insurance carrier’s attorney to conduct an engineering evaluation of earthwork in the foothills of Colorado to determine if the excavator conducting the earthwork fell below the standard of care in their work at the property. The development of the property generally included the construction of multi-tiered retaining walls that supported 30 feet of imported fill, a driveway, and a building pad, in the preparation for the construction of a residence on a steeply sloping site.
During the course of their work, the excavator was issued a notice of defective work by the County regarding an excavation near the shoulder of the county road. A lawsuit was subsequently filed against the excavator alleging that the excavator failed to conduct their work per the agreement with the owner and failed to conduct their work in accordance with the requirements of the governing county.
Higgins & Associates worked with the insurance carrier’s attorney to evaluate the allegations and determined that the excavator did not fall below the standard of care in their work at the property. It was determined that the excavator followed the design plans and specifications that were prepared by a licensed professional engineer for the property and the property owner was responsible for some of the defective work allegations. The case was settled out of court prior to trial as a result of hard work from all of the involved parties.