PASS 1: Contextual Framework Facts Section
Case 71: Failure To Include Information In Engineering Report
R Roles
S States
Rs Resources
Extracted Ontology Entities
R Roles
Roles Classes
6"Following construction, there was a contractor's extra claim and Engineer A and the municipality were both sued by the contractor"
Field classification (triples vs literals)
textReferencescontent: Following construction, there was a contractor's extra claim and Engineer A and the municipality were both sued by the contractorroleKindcontent: participantdistinguishingFeaturescontent: Performs the construction work and asserts contract claims arising from itconfidenceassessment: 0.9
"Engineer A was retained by a municipality to design a dock on a supporting foundation of 90 piles"
- Produces the original design including design calculations that establish load carrying requirements
- Defends the design when it is challenged in a dispute
- Professional Engineer license
- Foundation and marine structure design experience
- Competence
- Integrity
Field classification (triples vs literals)
textReferencescontent: Engineer A was retained by a municipality to design a dock on a supporting foundation of 90 pilesroleCategorycontent: provider_clientroleKindcontent: professionaldistinguishingFeaturescontent: Produces the original design including design calculations that establish load carrying requirements; Defends the design when it is challenged in a disputeprofessionalScopecontent: Original engineering design of the project, including plans and design calculations for foundation load carrying requirementstypicalQualificationscontent: Professional Engineer license; Foundation and marine structure design experienceassociatedVirtuescontent: Competence; Integrityconfidenceassessment: 0.95
"the municipality retained Engineer B to supervise the driving of several test piles to see whether the piles would gain sufficient strength to meet the design calculation requirements"
"Engineer B's concluding report stated that approximately 19 of the 90 piles did not meet the safety factor required by the design calculations"
- Retained by one party to a dispute to conduct tests and render conclusions on the disputed engineering question
- Issues a concluding report whose completeness and objectivity affect the dispute
- Professional Engineer license
- Experience in pile driving and foundation testing
- Objectivity
- Truthfulness
- Thoroughness
Field classification (triples vs literals)
textReferencescontent: the municipality retained Engineer B to supervise the driving of several test piles to see whether the piles would gain sufficient strength to meet the design calculation requirements; Engineer B's concluding report stated that approximately 19 of the 90 piles did not meet the safety factor required by the design calculationsroleCategorycontent: provider_clientroleKindcontent: professionaldistinguishingFeaturescontent: Retained by one party to a dispute to conduct tests and render conclusions on the disputed engineering question; Issues a concluding report whose completeness and objectivity affect the disputeprofessionalScopecontent: Supervision of engineering tests and preparation of a concluding technical report for the retaining party in a disputetypicalQualificationscontent: Professional Engineer license; Experience in pile driving and foundation testingassociatedVirtuescontent: Objectivity; Truthfulness; Thoroughnessconfidenceassessment: 0.85
"An independent geotechnical consultant was retained by Engineer A to observe the test"
"The geotechnical consultant testified and showed that dynamic test equipment had failed during the test"
- Professional Engineer license
- Geotechnical engineering specialization
- Independence
- Technical rigor
Field classification (triples vs literals)
textReferencescontent: An independent geotechnical consultant was retained by Engineer A to observe the test; The geotechnical consultant testified and showed that dynamic test equipment had failed during the testroleCategorycontent: provider_clientroleKindcontent: professionaldistinguishingFeaturescontent: Observes tests as an independent geotechnical specialist and reports on whether test conditions were validprofessionalScopecontent: Geotechnical observation of pile testing and expert opinion on soil-pile behavior such as set up strength and skin frictiontypicalQualificationscontent: Professional Engineer license; Geotechnical engineering specializationassociatedVirtuescontent: Independence; Technical rigorconfidenceassessment: 0.9
"During the mediation, the municipality brought in expert witnesses to support their case"
"One expert testified that the pile driving records indicated that many of the piles did not, at the time of initial driving, meet driving resistance sufficient to satisfy the load carrying requirement..."
- Truthfulness
- Objectivity
Field classification (triples vs literals)
textReferencescontent: During the mediation, the municipality brought in expert witnesses to support their case; One expert testified that the pile driving records indicated that many of the piles did not, at the time of initial driving, meet driving resistance sufficient to satisfy the load carrying requirements of the design calculationsroleCategorycontent: provider_clientroleKindcontent: professionaldistinguishingFeaturescontent: Testifies on technical matters on behalf of the retaining party in a dispute proceedingprofessionalScopecontent: Technical testimony on pile driving records and load carrying requirements in a mediated disputetypicalQualificationscontent: Recognized technical expertise in the subject of testimonyassociatedVirtuescontent: Truthfulness; Objectivityconfidenceassessment: 0.85
"Engineer A was retained by a municipality to design a dock on a supporting foundation of 90 piles"
"the municipality retained Engineer B to supervise the driving of several test piles"
Field classification (triples vs literals)
textReferencescontent: Engineer A was retained by a municipality to design a dock on a supporting foundation of 90 piles; the municipality retained Engineer B to supervise the driving of several test pilesroleKindcontent: participantdistinguishingFeaturescontent: Commissions the engineering work and retains experts to support its case in the disputeconfidenceassessment: 0.9
Roles Individuals
7Engineer A Design Engineer
Design Engineer Role"Engineer A was retained by a municipality to design a dock on a supporting foundation of 90 piles"
"Engineer A testified that the geotechnical firm's report expected that the piles would gain sufficient additional strength within 30 days to meet driving resistance requirements"
- {'type': 'suedBy', 'target': 'Contractor', 'quote': 'Engineer A and the municipality were both sued by the contractor'}
- {'type': 'retained', 'target': 'Geotechnical Consultant', 'quote': 'An independent geotechnical consultant was retained by Engineer A to observe the test'}
- {'type': 'sharedSettlementCostWith', 'target': 'Municipality', 'quote': 'Engineer A and the municipality shared the cost of the settlement with the contractor for $300,000'}
"Engineer A was retained by a municipality to design a dock on a supporting foundation of 90 piles"
"the municipality retained Engineer B to supervise the driving of several test piles to see whether the piles would gain sufficient strength to meet the design c..."
Field classification (triples vs literals)
actor: Engineer Arelationships: {'type': 'hasClient', 'target': 'Municipality', 'quote': 'Engineer A was retained by a municipality to design a dock on a supporting foundation of 90 piles'}; {'type': 'workReviewedBy', 'target': 'Engineer B', 'quote': 'the municipality retained Engineer B to supervise the driving of several test piles to see whether the piles would gain sufficient strength to meet the design calculation requirements'}
textReferencescontent: Engineer A was retained by a municipality to design a dock on a supporting foundation of 90 piles; Engineer A testified that the geotechnical firm's report expected that the piles would gain sufficient additional strength within 30 days to meet driving resistance requirementsroleClasscontent: Design Engineer RoleroleCategorycontent: provider_clientroleKindcontent: professionalspecialtycontent: Dock and pile foundation designadditionalRelationshipscontent: {'type': 'suedBy', 'target': 'Contractor', 'quote': 'Engineer A and the municipality were both sued by the contractor'}; {'type': 'retained', 'target': 'Geotechnical Consultant', 'quote': 'An independent geotechnical consultant was retained by Engineer A to observe the test'}; {'type': 'sharedSettlementCostWith', 'target': 'Municipality', 'quote': 'Engineer A and the municipality shared the cost of the settlement with the contractor for $300,000'}caseInvolvementcontent: Designed the dock on a 90 pile foundation, was sued by the contractor together with the municipality, shared the mediated settlement cost, testified that the geotechnical firm's report expected the piles to gain sufficient additional strength within 30 days, retained an independent geotechnical consultant to observe the test pile driving, and queried Engineer B after the report was issued.confidenceassessment: 0.95
Geotechnical Consultant Test Observer
Geotechnical Engineer Role"An independent geotechnical consultant was retained by Engineer A to observe the test"
"The geotechnical consultant testified and showed that dynamic test equipment had failed during the test and that the test piles were not driven to the same depth of penetration that apparently was req..."
"An independent geotechnical consultant was retained by Engineer A to observe the test"
"In the opinion of Engineer A's geotechnical consultant, this would have broken the pile bond and undervalued the skin friction value reported by Engineer B's te..."
Field classification (triples vs literals)
actor: Geotechnical Consultantattributes: {'independence': 'independent geotechnical consultant'}relationships: {'type': 'hasClient', 'target': 'Engineer A', 'quote': 'An independent geotechnical consultant was retained by Engineer A to observe the test'}; {'type': 'reviewsWorkOf', 'target': 'Engineer B', 'quote': "In the opinion of Engineer A's geotechnical consultant, this would have broken the pile bond and undervalued the skin friction value reported by Engineer B's tests."}
textReferencescontent: An independent geotechnical consultant was retained by Engineer A to observe the test; The geotechnical consultant testified and showed that dynamic test equipment had failed during the test and that the test piles were not driven to the same depth of penetration that apparently was required for the plug to form in the original pilesroleClasscontent: Geotechnical Engineer RoleroleCategorycontent: provider_clientroleKindcontent: professionalspecialtycontent: Geotechnical engineering, pile behaviorcaseInvolvementcontent: Retained by Engineer A to observe the test pile driving, testified that the dynamic test equipment failed, that the test piles were not driven to the same depth of penetration required for the plug to form, that driving conditions were not duplicated because a vibratory hammer was used, and opined that dropping the hammer after the 30 day set up broke the pile bond and undervalued the skin friction value reported by Engineer B's tests.confidenceassessment: 0.9
Engineer B Forensic Test Engineer
Forensic Expert Witness Engineer Role"the municipality retained Engineer B to supervise the driving of several test piles to see whether the piles would gain sufficient strength to meet the design calculation requirements"
"Engineer B's concluding report stated that approximately 19 of the 90 piles did not meet the safety factor required by the design calculations"
"Additionally, Engineer B did not report that the dynamic test equipment had failed"
"the municipality retained Engineer B to supervise the driving of several test piles to see whether the piles would gain sufficient strength to meet the design c..."
"Engineer B's concluding report stated that approximately 19 of the 90 piles did not meet the safety factor required by the design calculations"
Field classification (triples vs literals)
actor: Engineer Battributes: {'stated_scope_limitation': "We didn't look at the pile driving records because it was not in our scope of work."}relationships: {'type': 'hasClient', 'target': 'Municipality', 'quote': 'the municipality retained Engineer B to supervise the driving of several test piles to see whether the piles would gain sufficient strength to meet the design calculation requirements'}; {'type': 'reviewsWorkOf', 'target': 'Engineer A', 'quote': "Engineer B's concluding report stated that approximately 19 of the 90 piles did not meet the safety factor required by the design calculations"}
textReferencescontent: the municipality retained Engineer B to supervise the driving of several test piles to see whether the piles would gain sufficient strength to meet the design calculation requirements; Engineer B's concluding report stated that approximately 19 of the 90 piles did not meet the safety factor required by the design calculations; Additionally, Engineer B did not report that the dynamic test equipment had failedroleClasscontent: Forensic Expert Witness Engineer RoleroleCategorycontent: provider_clientroleKindcontent: professionalspecialtycontent: Pile testingadditionalRelationshipscontent: {'type': 'didNotConsult', 'target': 'Engineer A', 'quote': "At no time during the development of Engineer B's report did Engineer B talk to any representative of Engineer A, even though Engineer A's on-site representatives were available to testify as to the accuracy of the pile driving records."}caseInvolvementcontent: Retained by the municipality to supervise test pile driving, issued a concluding report stating approximately 19 of the 90 piles did not meet the required safety factor, omitted that the 19 piles had been driven to essential refusal and that wave equation calculations would have indicated strength several multiples over the calculated load requirements, did not report the dynamic test equipment failure, and did not talk to Engineer A's representatives or inquire of contractors or workers to verify or refute his theories.confidenceassessment: 0.9
Municipality Expert Witness
Expert Witness Role"During the mediation, the municipality brought in expert witnesses to support their case"
"One expert testified that the pile driving records indicated that many of the piles did not, at the time of initial driving, meet driving resistance sufficient to satisfy the load carrying requirement..."
"During the mediation, the municipality brought in expert witnesses to support their case"
Field classification (triples vs literals)
actor: Municipality's Expert Witnessrelationships: {'type': 'hasClient', 'target': 'Municipality', 'quote': 'During the mediation, the municipality brought in expert witnesses to support their case'}
textReferencescontent: During the mediation, the municipality brought in expert witnesses to support their case; One expert testified that the pile driving records indicated that many of the piles did not, at the time of initial driving, meet driving resistance sufficient to satisfy the load carrying requirements of the design calculationsroleClasscontent: Expert Witness RoleroleCategorycontent: provider_clientroleKindcontent: professionalspecialtycontent: Pile driving analysiscaseInvolvementcontent: Testified during the mediation that the pile driving records indicated many of the piles did not, at the time of initial driving, meet driving resistance sufficient to satisfy the load carrying requirements of the design calculations.confidenceassessment: 0.8
Municipality Client
Client Role"Engineer A was retained by a municipality to design a dock on a supporting foundation of 90 piles"
"the municipality retained Engineer B to supervise the driving of several test piles"
- {'type': 'suedBy', 'target': 'Contractor', 'quote': 'Engineer A and the municipality were both sued by the contractor'}
- {'type': 'retained', 'target': 'Engineer B', 'quote': 'the municipality retained Engineer B to supervise the driving of several test piles'}
- {'type': 'sharedSettlementCostWith', 'target': 'Engineer A', 'quote': 'Engineer A and the municipality shared the cost of the settlement with the contractor for $300,000'}
Field classification (triples vs literals)
actor: Municipality
textReferencescontent: Engineer A was retained by a municipality to design a dock on a supporting foundation of 90 piles; the municipality retained Engineer B to supervise the driving of several test pilesroleClasscontent: Client RoleroleKindcontent: participantadditionalRelationshipscontent: {'type': 'suedBy', 'target': 'Contractor', 'quote': 'Engineer A and the municipality were both sued by the contractor'}; {'type': 'retained', 'target': 'Engineer B', 'quote': 'the municipality retained Engineer B to supervise the driving of several test piles'}; {'type': 'sharedSettlementCostWith', 'target': 'Engineer A', 'quote': 'Engineer A and the municipality shared the cost of the settlement with the contractor for $300,000'}caseInvolvementcontent: Retained Engineer A to design the dock, was sued by the contractor together with Engineer A, shared the $300,000 mediated settlement, brought in expert witnesses to support its case, and retained Engineer B to supervise the test pile driving.confidenceassessment: 0.9
Contractor Claimant
Contractor Role"Following construction, there was a contractor's extra claim and Engineer A and the municipality were both sued by the contractor"
"Engineer A and the municipality shared the cost of the settlement with the contractor for $300,000"
Field classification (triples vs literals)
actor: Contractor
textReferencescontent: Following construction, there was a contractor's extra claim and Engineer A and the municipality were both sued by the contractor; Engineer A and the municipality shared the cost of the settlement with the contractor for $300,000roleClasscontent: Contractor RoleroleKindcontent: participantadditionalRelationshipscontent: {'type': 'sued', 'target': 'Engineer A and Municipality', 'quote': 'Engineer A and the municipality were both sued by the contractor'}caseInvolvementcontent: Constructed the dock, filed an extra claim, sued Engineer A and the municipality, and received a $300,000 settlement through mediation.confidenceassessment: 0.85
Geotechnical Firm Report Author
Geotechnical Engineer Role"Engineer A testified that the geotechnical firm's report expected that the piles would gain sufficient additional strength within 30 days to meet driving resistance requirements"
Field classification (triples vs literals)
actor: Geotechnical Firm
textReferencescontent: Engineer A testified that the geotechnical firm's report expected that the piles would gain sufficient additional strength within 30 days to meet driving resistance requirementsroleClasscontent: Geotechnical Engineer RoleroleKindcontent: professionalspecialtycontent: Geotechnical engineeringadditionalRelationshipscontent: {'type': 'providedReportReliedOnBy', 'target': 'Engineer A', 'quote': "Engineer A testified that the geotechnical firm's report expected that the piles would gain sufficient additional strength within 30 days to meet driving resistance requirements"}caseInvolvementcontent: Authored the geotechnical report that expected the piles would gain sufficient additional strength within 30 days to meet driving resistance requirements, which Engineer A relied on in testimony.confidenceassessment: 0.7
S States
States Classes
6"Engineer A's on-site representatives were available to testify as to the accuracy of the pile driving records"
Field classification (triples vs literals)
textReferencescontent: Engineer A's on-site representatives were available to testify as to the accuracy of the pile driving recordsstateCategorycontent: resourcepersistenceTypecontent: inertialprincipleTransformationcontent: The availability of verification means removes any feasibility excuse, so the diligence duty concretely required consulting the available witnesses.confidenceassessment: 0.78
activationConditions: Engineer A's on-site representatives are available during the development of Engineer B's reportterminationConditions: The representatives are consulted or become unavailableobligationActivation: Obligation to gather available facts before issuing conclusions
"One expert testified that the pile driving records indicated that many of the piles did not, at the time of initial driving, meet driving resistance sufficient to satisfy the load carrying requirement..."
"Engineer A testified that the geotechnical firm's report expected that the piles would gain sufficient additional strength within 30 days to meet driving resistance requirements."
Field classification (triples vs literals)
textReferencescontent: One expert testified that the pile driving records indicated that many of the piles did not, at the time of initial driving, meet driving resistance sufficient to satisfy the load carrying requirements of the design calculations.; Engineer A testified that the geotechnical firm's report expected that the piles would gain sufficient additional strength within 30 days to meet driving resistance requirements.stateCategorycontent: epistemicpersistenceTypecontent: inertialprincipleTransformationcontent: The disagreement between experts converts the honesty principle into a concrete duty to test and disclose the technical basis of each position.confidenceassessment: 0.88
activationConditions: Municipality's expert and Engineer A give conflicting testimony on pile capacity during mediationterminationConditions: Test pile program resolves the disputed question of set up strengthobligationActivation: Obligation to base positions on adequate technical data
"The geotechnical consultant testified and showed that dynamic test equipment had failed during the test and that the test piles were not driven to the same depth of penetration that apparently was req..."
"Driving conditions were not duplicated in driving the test piles in that a vibratory hammer was used for the test piles and not used in the original driving."
Field classification (triples vs literals)
textReferencescontent: The geotechnical consultant testified and showed that dynamic test equipment had failed during the test and that the test piles were not driven to the same depth of penetration that apparently was required for the plug to form in the original piles.; Driving conditions were not duplicated in driving the test piles in that a vibratory hammer was used for the test piles and not used in the original driving.stateCategorycontent: epistemicpersistenceTypecontent: inertialprincipleTransformationcontent: The known defects in the test conditions make the honesty principle a concrete duty to qualify or disclose the limits of conclusions drawn from the test.confidenceassessment: 0.85
activationConditions: Dynamic test equipment fails during the test and driving conditions are not duplicatedterminationConditions: The test is repeated under duplicated conditions with functioning equipmentobligationActivation: Obligation to report the equipment failure and the limitations of the test conditions
"Previously, Engineer B had said, "We didn't look at the pile driving records because it was not in our scope of work.""
Field classification (triples vs literals)
textReferencescontent: Previously, Engineer B had said, "We didn't look at the pile driving records because it was not in our scope of work."stateCategorycontent: regulatorypersistenceTypecontent: inertialprincipleTransformationcontent: The asserted scope boundary is offered as a limit on the diligence duty, framing which facts Engineer B considered himself required to examine.confidenceassessment: 0.82
activationConditions: Engineer B is retained to supervise the driving of test piles under a defined scopeterminationConditions: The scope of the engagement is expanded to include review of the pile driving recordsactionConstraints: Claimed scope boundary limiting review of the pile driving records
"Following construction, there was a contractor's extra claim and Engineer A and the municipality were both sued by the contractor."
"The claim was settled by mediation."
Field classification (triples vs literals)
textReferencescontent: Following construction, there was a contractor's extra claim and Engineer A and the municipality were both sued by the contractor.; The claim was settled by mediation.stateCategorycontent: temporalpersistenceTypecontent: inertialprincipleTransformationcontent: Within the pending claim, the general duty of objectivity becomes a concrete duty to render impartial testimony and complete reports in the mediation.confidenceassessment: 0.9
activationConditions: Contractor files an extra claim and sues Engineer A and the municipalityterminationConditions: The claim is settled by mediationobligationActivation: Objectivity and truthfulness obligations in testimony and expert reports
"At no time during the development of Engineer B's report did Engineer B talk to any representative of Engineer A, even though Engineer A's on-site representatives were available to testify as to the a..."
"No effort was made by Engineer B to inquire from contractors, workers, or others on the job to verify or refute his theories about why the 19 piles met driving refusal prior to predicted depth."
Field classification (triples vs literals)
textReferencescontent: At no time during the development of Engineer B's report did Engineer B talk to any representative of Engineer A, even though Engineer A's on-site representatives were available to testify as to the accuracy of the pile driving records.; No effort was made by Engineer B to inquire from contractors, workers, or others on the job to verify or refute his theories about why the 19 piles met driving refusal prior to predicted depth.stateCategorycontent: competencepersistenceTypecontent: inertialprincipleTransformationcontent: The competence principle becomes a concrete duty to verify the pile driving records with available witnesses before issuing conclusions.confidenceassessment: 0.88
activationConditions: Engineer B begins developing his report without consulting available sources of factterminationConditions: Engineer B consults Engineer A's representatives or others on the job to verify the pile driving recordsobligationActivation: Obligation to be objective and truthful and to base reports on adequate knowledge of the facts
States Individuals
7"Engineer B did not state anywhere in the report that these 19 piles, according to the pile driving records, had been driven to essential refusal and that, applying accepted wave equation calculations,..."
"Additionally, Engineer B did not report that the dynamic test equipment had failed."
"Engineer B's concluding report stated that approximately 19 of the 90 piles did not meet the safety factor required by the design calculations. This opinion was based upon the fact that the nineteen p..."
- Engineer A
- The municipality
- The contractor
Field classification (triples vs literals)
textReferencescontent: Engineer B did not state anywhere in the report that these 19 piles, according to the pile driving records, had been driven to essential refusal and that, applying accepted wave equation calculations, the piles would have indicated a strength several multiples over the calculated load requirements.; Additionally, Engineer B did not report that the dynamic test equipment had failed.; Engineer B's concluding report stated that approximately 19 of the 90 piles did not meet the safety factor required by the design calculations. This opinion was based upon the fact that the nineteen piles did not reach sufficient depth to develop the full strength when applying skin friction resistance value to the square footage of pile penetration. Engineer B did not state anywhere in the report that these 19 piles, according to the pile driving records, had been driven to essential refusal and that, applying accepted wave equation calculations, the piles would have indicated a strength several multiples over the calculated load requirements. Additionally, Engineer B did not report that the dynamic test equipment had failed.stateClasscontent: Selective Reporting Statesubjectcontent: Engineer B's concluding report on the 19 pilesactivePeriodcontent: From the issuance of Engineer B's concluding report onwardtriggeringEventcontent: Engineer B issues a concluding report omitting the essential refusal data, the wave equation strength implication, and the dynamic test equipment failureterminatedBycontent: Not stated in the case factsaffectedPartiescontent: Engineer A; The municipality; The contractorconfidenceassessment: 0.93urgencyLevelassessment: high
"At no time during the development of Engineer B's report did Engineer B talk to any representative of Engineer A, even though Engineer A's on-site representatives were available to testify as to the a..."
"No effort was made by Engineer B to inquire from contractors, workers, or others on the job to verify or refute his theories about why the 19 piles met driving refusal prior to predicted depth."
- Engineer B
- Engineer A
- The municipality
Field classification (triples vs literals)
textReferencescontent: At no time during the development of Engineer B's report did Engineer B talk to any representative of Engineer A, even though Engineer A's on-site representatives were available to testify as to the accuracy of the pile driving records.; No effort was made by Engineer B to inquire from contractors, workers, or others on the job to verify or refute his theories about why the 19 piles met driving refusal prior to predicted depth.stateClasscontent: Competence Gap Statesubjectcontent: Engineer B during the development of his reportactivePeriodcontent: Throughout the development of Engineer B's reporttriggeringEventcontent: Engineer B develops his report without talking to any representative of Engineer A and without inquiring of contractors, workers, or others on the jobterminatedBycontent: Not stated in the case facts, the report is issued without the deficiency being curedaffectedPartiescontent: Engineer B; Engineer A; The municipalityconfidenceassessment: 0.88urgencyLevelassessment: high
"Previously, Engineer B had said, "We didn't look at the pile driving records because it was not in our scope of work.""
- Engineer B
- The municipality
- Engineer A
Field classification (triples vs literals)
textReferencescontent: Previously, Engineer B had said, "We didn't look at the pile driving records because it was not in our scope of work."stateClasscontent: Scope Limitation Statesubjectcontent: Engineer B's engagement to supervise the driving of test pilesactivePeriodcontent: During Engineer B's retention by the municipalitytriggeringEventcontent: The municipality retains Engineer B to supervise the driving of several test piles under a defined scopeterminatedBycontent: Not stated in the case factsaffectedPartiescontent: Engineer B; The municipality; Engineer Aconfidenceassessment: 0.82urgencyLevelassessment: medium
"The geotechnical consultant testified and showed that dynamic test equipment had failed during the test and that the test piles were not driven to the same depth of penetration that apparently was req..."
"Driving conditions were not duplicated in driving the test piles in that a vibratory hammer was used for the test piles and not used in the original driving."
"after the 30 day set up, the driving hammer was dropped several times to start the hammer before the record of blow counts commenced"
"The geotechnical consultant testified and showed that dynamic test equipment had failed during the test and that the test piles were not driven to the same depth of penetration that apparently was req..."
- Engineer B
- Engineer A
- The municipality
Field classification (triples vs literals)
textReferencescontent: The geotechnical consultant testified and showed that dynamic test equipment had failed during the test and that the test piles were not driven to the same depth of penetration that apparently was required for the plug to form in the original piles.; Driving conditions were not duplicated in driving the test piles in that a vibratory hammer was used for the test piles and not used in the original driving.; after the 30 day set up, the driving hammer was dropped several times to start the hammer before the record of blow counts commenced; The geotechnical consultant testified and showed that dynamic test equipment had failed during the test and that the test piles were not driven to the same depth of penetration that apparently was required for the plug to form in the original piles. Driving conditions were not duplicated in driving the test piles in that a vibratory hammer was used for the test piles and not used in the original driving. Also, after the 30 day set up, the driving hammer was dropped several times to start the hammer before the record of blow counts commenced. In the opinion of Engineer A's geotechnical consultant, this would have broken the pile bond and undervalued the skin friction value reported by Engineer B's tests.stateClasscontent: Unreliable Test Evidence Statesubjectcontent: The test pile program supervised by Engineer BactivePeriodcontent: From the flawed test pile driving through the use of the test results in Engineer B's reporttriggeringEventcontent: Dynamic test equipment fails during the test, driving conditions are not duplicated, and the hammer is dropped several times before blow counts commenceterminatedBycontent: Not stated in the case factsaffectedPartiescontent: Engineer B; Engineer A; The municipalityconfidenceassessment: 0.85urgencyLevelassessment: high
"Engineer A's on-site representatives were available to testify as to the accuracy of the pile driving records"
- Engineer B
- Engineer A
Field classification (triples vs literals)
textReferencescontent: Engineer A's on-site representatives were available to testify as to the accuracy of the pile driving recordsstateClasscontent: Alternative Availability Statesubjectcontent: Engineer A's on-site representatives as available witnesses to the pile driving recordsactivePeriodcontent: During the development of Engineer B's reporttriggeringEventcontent: Engineer A's on-site representatives are available to testify as to the accuracy of the pile driving records while Engineer B develops his reportterminatedBycontent: The report is issued without the representatives being consultedaffectedPartiescontent: Engineer B; Engineer Aconfidenceassessment: 0.78urgencyLevelassessment: medium
"Following construction, there was a contractor's extra claim and Engineer A and the municipality were both sued by the contractor."
"The claim was settled by mediation."
- Engineer A
- The municipality
- The contractor
Field classification (triples vs literals)
textReferencescontent: Following construction, there was a contractor's extra claim and Engineer A and the municipality were both sued by the contractor.; The claim was settled by mediation.stateClasscontent: Adversarial Engagement Statesubjectcontent: Engineer A and the municipality as defendants in the contractor's suitactivePeriodcontent: From the filing of the contractor's extra claim and suit until the mediated settlementtriggeringEventcontent: The contractor files an extra claim and sues Engineer A and the municipalityterminatedBycontent: The claim is settled by mediation, with Engineer A and the municipality sharing the $300,000 settlement costaffectedPartiescontent: Engineer A; The municipality; The contractorconfidenceassessment: 0.9urgencyLevelassessment: medium
"One expert testified that the pile driving records indicated that many of the piles did not, at the time of initial driving, meet driving resistance sufficient to satisfy the load carrying requirement..."
"Engineer A testified that the geotechnical firm's report expected that the piles would gain sufficient additional strength within 30 days to meet driving resistance requirements."
- Engineer A
- The municipality
- Engineer B
Field classification (triples vs literals)
textReferencescontent: One expert testified that the pile driving records indicated that many of the piles did not, at the time of initial driving, meet driving resistance sufficient to satisfy the load carrying requirements of the design calculations.; Engineer A testified that the geotechnical firm's report expected that the piles would gain sufficient additional strength within 30 days to meet driving resistance requirements.stateClasscontent: Divergent Expert Opinion Statesubjectcontent: The technical question whether the piles met the load carrying requirements of the design calculationsactivePeriodcontent: During the mediation and the subsequent test pile programtriggeringEventcontent: The municipality's expert testifies that many piles did not meet driving resistance while Engineer A testifies the piles would gain sufficient strength within 30 daysterminatedBycontent: The test piles are driven and after a 30 day set the increase in set up strength with time is confirmedaffectedPartiescontent: Engineer A; The municipality; Engineer Bconfidenceassessment: 0.88urgencyLevelassessment: medium
Rs Resources
Resources Classes
2"the pile driving records indicated that many of the piles did not, at the time of initial driving, meet driving resistance sufficient to satisfy the load carrying requirements of the design calculatio..."
"Engineer B's concluding report stated that approximately 19 of the 90 piles did not meet the safety factor required by the design calculations"
Field classification (triples vs literals)
textReferencescontent: the pile driving records indicated that many of the piles did not, at the time of initial driving, meet driving resistance sufficient to satisfy the load carrying requirements of the design calculations; Engineer B's concluding report stated that approximately 19 of the 90 piles did not meet the safety factor required by the design calculationsresourceCategorycontent: reference_materialconfidenceassessment: 0.9
"applying accepted wave equation calculations, the piles would have indicated a strength several multiples over the calculated load requirements"
Field classification (triples vs literals)
textReferencescontent: applying accepted wave equation calculations, the piles would have indicated a strength several multiples over the calculated load requirementsresourceCategorycontent: technical_standardconfidenceassessment: 0.85
Resources Individuals
5Engineer B Concluding Report
Reference Material"Engineer B's concluding report stated that approximately 19 of the 90 piles did not meet the safety factor required by the design calculations."
"Additionally, Engineer B did not report that the dynamic test equipment had failed."
Field classification (triples vs literals)
usedBy: municipality
textReferencescontent: Engineer B's concluding report stated that approximately 19 of the 90 piles did not meet the safety factor required by the design calculations.; Additionally, Engineer B did not report that the dynamic test equipment had failed.resourceClasscontent: Reference MaterialdocumentTitlecontent: Engineer B's concluding reporttopiccontent: whether the test piles gained sufficient strength to meet the design calculation requirementsconfidenceassessment: 0.92
Accepted Wave Equation Calculations
Technical Standard"applying accepted wave equation calculations, the piles would have indicated a strength several multiples over the calculated load requirements"
Field classification (triples vs literals)
textReferencescontent: applying accepted wave equation calculations, the piles would have indicated a strength several multiples over the calculated load requirementsresourceClasscontent: Technical Standardtopiccontent: wave equation analysis of pile strength at driving refusalconfidenceassessment: 0.82
Pile Driving Records
Reference Material"the pile driving records indicated that many of the piles did not, at the time of initial driving, meet driving resistance sufficient to satisfy the load carrying requirements of the design calculatio..."
"We just did not believe the driving records"
"We didn't look at the pile driving records because it was not in our scope of work."
Field classification (triples vs literals)
usedBy: municipality's expert witness
textReferencescontent: the pile driving records indicated that many of the piles did not, at the time of initial driving, meet driving resistance sufficient to satisfy the load carrying requirements of the design calculations; We just did not believe the driving records; We didn't look at the pile driving records because it was not in our scope of work.resourceClasscontent: Reference MaterialdocumentTitlecontent: pile driving recordstopiccontent: driving resistance and depth of penetration of the 90 foundation pilesconfidenceassessment: 0.92
Geotechnical Firm Report
Reference Material"Engineer A testified that the geotechnical firm's report expected that the piles would gain sufficient additional strength within 30 days to meet driving resistance requirements."
Field classification (triples vs literals)
usedBy: Engineer A
textReferencescontent: Engineer A testified that the geotechnical firm's report expected that the piles would gain sufficient additional strength within 30 days to meet driving resistance requirements.resourceClasscontent: Reference MaterialdocumentTitlecontent: geotechnical firm's reporttopiccontent: expected gain in pile strength within 30 days after drivingconfidenceassessment: 0.9
Dock Design Calculations
Reference Material"meet driving resistance sufficient to satisfy the load carrying requirements of the design calculations"
"approximately 19 of the 90 piles did not meet the safety factor required by the design calculations"
Field classification (triples vs literals)
usedBy: Engineer B
textReferencescontent: meet driving resistance sufficient to satisfy the load carrying requirements of the design calculations; approximately 19 of the 90 piles did not meet the safety factor required by the design calculationsresourceClasscontent: Reference MaterialdocumentTitlecontent: design calculationstopiccontent: load carrying requirements and safety factor for the dock pile foundationconfidenceassessment: 0.88