A small coastal city in California awarded a bid to a general contractor to make modifications to their tertiary wastewater treatment plant. The design and specifications from the engineer were portrayed to be completely designed; however, the contractor discovered the specifications were very general and considerable effort was needed to complete the design.
Over a one-year period, numerous attempts were made to get the entire plant operating properly to produce water that could be treated to a tertiary level as well as complete the design of the tertiary treatment system that could ultimately produce water at the required treatment level. Based on perceived non-conformance to the contract, the construction contract was terminated for default, and litigation between the City, contractor and engineer resulted.
WASTEWATER TREATMENT PLANT LITIGATION EXPERT SERVICES
Wastewater treatment plant litigation expert Steve Viani reviewed thousands of pages of the contract, drawings, calculations, shop drawings and submittals to determine whether the contract was a design-bid or a design-build type. With Steve’s input, the attorney was able to successfully argue the construction contract was a design-bid and not a design-build. Moreover, problems were found in the work performed by the engineer as well as the City, which failed to produce raw water that would meet the quality stated in the construction contract.
Steve also determined it was impossible for the contractor to complete testing of the tertiary system because insufficient water of the quality specified was supplied by the City.
The contractor was let out of the litigation well before trial because of Steve’s work and the termination was changed to a termination for convenience.