Source: Miller Insurance

The Insured provided structural engineering services in the design, detailing and specifications for a fish lab/incubator project with an access roadway. Before construction began, the Architect and Owner value-engineered the project, removing a portion of sheet piling which would have supported the road. The Insured acquiesced to that change even though it had a geo-technical report calling into question the ability of the existing soil to support the new access road. The road collapsed and the Owner sued for damages. A settlement was reached with participation by both the Architect and General Contractor. Lesson Learned: Acquiescing rather than objecting is a tricky subject that increases exposure to risk.