Failure to Rely on Technical Data

The contractor was directed to rely on the technical data, however, he was warned not to rely on the geotechnical report in making a DSC claim.

The indicated conditions consisted of sand, gravel, cobbles, and boulders in a dry state and prone to running.

The contractor chose to ignore:

all of the technical data indicating:
- boulders in 5/7 borings,
- 8 hits of boulders in 7 borings,
all of the narrative information indicating:
- sand with running/flowing ground,
- boulders,
- contractor's responsibility for selecting means, methods, and equipment,
The contractor chose to capitalize on one word in the geotechnical report referencing "occasional" boulders.

The jury found against the contractor, denied the DSC claim and awarded the owner damages. .

OWNER CLIENT PREVAILED