HKA assisted in the settlement of the claim out of court, in favour of the client, regarding the construction of the primary infrastructure of a business park.
The client had entered a design-and-build contract for the construction of primary infrastructure, including the business park spine road and drainage. At the commencement of the construction, it became clear that ground conditions were exceedingly poor and not as reflected in the initial site investigation.
Brief
The client had employed an engineer to provide engineering and project management services. This included a site investigation to determine soil conditions in preparation for the design. After the construction work had started, the site investigation was called into question as it emerged that the ground conditions were not as expected, requiring excessive excavation.
The poor-quality soil was disposed of off-site and replaced with imported granular material, resulting in increased cost and delay for the project.
HKA was appointed by the client to provide expert opinion on the adequacy of the initial site investigation and the quality of the interpretation of ground conditions.
What we did
Working closely with the client, HKA provided geotechnical engineering expert witness services in litigation delivering expert opinion on the sufficiency of the site investigation activities conducted by the original engineer.
The assessment included the independent analysis of the site investigation data and re-evaluation of whether this was accurately interpreted. It was found that the scope of the site investigation was adequate to accurately assess the ground conditions. However, the interpretation of the data was found to be inadequate, with the misinterpretation of the geology of the site and the engineering properties of the site soils.
Outcomes
The matter was settled out of court in favour of the client with HKA’s input cited as playing a significant role in securing this result for the client.

"I just wanted to add my own thanks for your considerable assistance with this claim. Your quick grasp of the circumstances at our initial meeting was both informative and reassuring and I have no doubt that your report and ongoing involvement in the case played a significant role in the Defendant’s finally putting forward some proposals for settlement."
Instructing solicitor
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ClientConfidential
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Year2022
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ValueUSD$1million
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ServicesExpert Witness, Forensic Engineering, Architectural & Technical
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SectorsTransportation Infrastructure
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