Allegations of “unsuitable slab design” on construction project

Our team represented a geotechnical engineering firm which was engaged by a residential building company to undertake soil testing at a planned residential dwelling. The engineering firm was then to provide a site classification based on the test results. This classification was to be relied upon by the building company, to determine the appropriate slab to be installed.

Following construction of the dwelling, numerous defects arose including subsidence and cracking. The owners sued the building company, who then joined our engineering firm client as a Cross Defendant, claiming the site classification provided by the engineering firm was incorrect and resulted in an unsuitable slab design. 

HBA assumed conduct of the engineering firm’s defence on instructions from its insurer. We undertook extensive investigations into the scope of the firm’s engagement by the building company, as well as the overall responsibilities/duties owed. Our team also engaged engineering experts to provide opinions as to the suitability of the engineering firm’s site classification, the slab design used for the dwelling, and the cause of the defects that arose.

The experts ultimately determined that there was no fault on the part of our client and that the defects were caused by the negligent actions of the owners, in overwatering the extensive gardens around the property. 

HBA negotiated a dismissal of the Cross Claim with no contributions towards settlement of the substantive proceedings. The result was the culmination of an express strategy to counter each of the building company’s experts and establish no fault on the part of our client, the engineering firm.