ASCE Colorado Section Meeting
NEW LOCATION - Lakewood Country Club.
Technical Presentation by Phillip Gallet with Hayward Baker
Abstract:
The presence of hydro-collapsible soils beneath the proposed Erie Police station project site (Erie, Colorado) led to the successful combination of two ground modification techniques. Normally in the presence of up to thirty (30) feet of hydro-collapsible soils, the soils are either over-excavated and replaced or the structure is supported by a deep foundation system. A collaboration between HBI and GROUND Engineering Consultants resulted in an alternative 2-step ground modification process, the first of which consisted of water injection to pre-collapse, “treat,” the soils to a depth approximately above “perched” water levels (at about 18 feet). Consolidation tests were subsequently conducted on treated soils obtained from across the site to evaluate the effectiveness of the treatment process. In addition, Vibro Piers were installed to reduce the potential settlement and increase the bearing capacity at spread and column footing locations. The combination of these techniques provided the client with a sufficient foundation design that was cheaper and faster to construct when compared to conventional over-excavation and replacement or deep foundation system options.
Bio:
Phillip has been working in the geotechnical field for over 15 years starting as a laboratory assistant for his father’s geotechnical consulting firm in Birmingham, Alabama. After Graduating with a undergrad and Master’s from Auburn University, Phillip started working on the construction side of geotechnical engineering for Hayward Baker. Phillip is currently a Project Manager with Hayward Baker focusing design and management of ground modification techniques. In addition, Phillip manages research and development for mitigation/remedial techniques on expansive/collapsible soils.
Getting Paid for Your Work- Andrew Ford, Esq. with Cardi, Sculte, & Ford, LLC
You and/or your legal staff have worked hard to negotiate a solid contract with your Client for your companies’ professional engineering services. You have a clearly defined scope of work, your compensation is clearly defined and you have remedies if you are not timely paid; your professional standard of care is set forth and defined and you have been able to negotiate a limitation of liability to the limit of your fees or a specific amount and a mutual waiver of any indirect or consequential damages such as business losses; and finally you have a contractual clause that defines how and where disputes are to be resolved (e.g. mediation first followed by suit in Colorado State Court). A dispute arises with your Client and your Client serves you with a lawsuit alleging professional negligence.
All engineers should understand that with limited exceptions your Client cannot bring a claim against you in negligence, but instead may only bring a breach of contract claim against you and is thereby bound and limited by the terms of the contract you have negotiated with your Client. The legal term barring a negligence claim in this situation is called the economic loss rule and it was first officially adopted in Colorado in 2000. Since 2000, Colorado appellate courts have continued to examine and define the scope and application of the economic loss rule barring negligence claims between and amongst commercially sophisticated parties like engineering companies.
Bio:
Drew Ford has been practicing law for over twenty years with the last fifteen years devoted almost exclusively to the full service representation of design professionals. Drew is a Partner with the law firm Cardi, Schulte & Ford, LLC located in Greenwood Village. Drew received his law degree from Lewis and Clark Law School in Portland, Oregon and has been a member of the Colorado Bar since 1993. Drew recently represented design professionals on a case before the Colorado Supreme Court involving hydro-collapsible soils, seeking to bar a construction lending bank and its wholly owned subsidiary from pursuing negligence claims against the design professionals based on application of the economic loss rule. Drew assists design professionals with contract negotiation, professional licensing issues, payment disputes and litigation from trial court and arbitration to appellate review.