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GBA CASE HISTORY # 70

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Description

The member firm designs a foundation for a cradle to hold the ship in place, for a floating restaurant. Ten years after the construction, after a very strong blizzard the ship got disconnected and sank. The insurer of the restaurateur sued the member-firm. Although the member-firm was dismissed, the dry rock engineer was penalized after decades of disputes for a verbal warranty that he gave.

 

Contract Reference Guide,Fourth Edition; dry-dock engineering; guarantees; Limitation of Liability: A Handbook for Design and Environmental Professionals, Second Edition; Limitation of Liability Case Index; oral modification of a contract; parol evidence rule; personal diplomacy; professional-negligence standard; ship mooring; site safety; standard of care; strict liability; subrogation; timber waterfront construction; trier of fact; warranties