Summary

A GBA Member Firm’s scope of services included a geotechnical engineering study and construction materials engineering and testing (COMET) services for a medical office building in area with old fill, expansive soil, and shale. During construction, the Member Firm was discouraged (“if we want your opinion we will ask for it”) from making suggestions and was only responsible “to enforce the plans and specifications as written and recommend alternative approaches only if specifically requested to do so.” A few months after construction ended, sidewalks began to move due to frost heave. The Member Firm and constructor in charge got the blame, which eventually led to mediation. The client’s former project engineer “spoke highly” of the Member Firm, which got them released from the litigation.

Our Hosts:

• Elizabeth Brown, PE - Principal Geotechnical Engineer/JLT Consultants

Elizabeth is the Principal Geotechnical Engineer at JLT Consultants in Boise, Idaho. Elizabeth has performed and/or assisted with numerous geotechnical investigations throughout Idaho, Oregon, Washington, and Wyoming managing projects, providing geotechnical design, project quality control, cost and value engineering, and evaluating geotechnical constructability issues.

• Tim Rodriguez – COO/BSK Associates

Tim is the Chief Operating Officer of Geoprofessional Services at BSK Associates, an employee-owned engineering firm. With over 30 years in materials testing and inspection, he oversees six Northern California offices and chairs BSK's Board of Directors. Tim is Past-President of the California Council of Testing and Inspection Agencies.

Lessons Learned:

• A Limitation-of-Liability Provision Is Essential
• Don’t Use Two Contracts When One Will Do
• Understand the Personalities Involved: Use Personal Diplomacy
• Don’t “Go Along to Get Along”
• Know the Limits of Your Authority to Deviate from the Plans and Specifications
• Professional Performance Is Essential
• Document

Calls-to-action:

• Download Case History #82
• Visit the following link to access all of GBA’s Case Histories: https://www.geoprofessional.org/gba-case-histories/
• An account is required to download the individual Case Histories, which are free for GBA Member Firms.
• Visit the GBA Website at https://www.geoprofessional.org for other training resources and reference materials and/or to become a member.
• Visit https://www.gbapodcast.com for future Podcast Episodes
• Contact us at info@geoprofessional.org with any podcast-related questions or comments

Subscribe

• Subscribe to the GBA Podcast https://www.gbapodcast.com/subscribe

This episode was produced by the following GBA Members:

• Tim Rodriguez – COO/BSK Associates
• Elizabeth Brown, PE - Principal Geotechnical Engineer/JLT Consultants
• Ryan White, PE, GE – Principal Geotechnical Engineer/Apex Companies, LLC

Summary

A GBA Member Firm performed an environmental site assessment (ESA) for a commercial real estate developer. After the Member Firm reported the laboratory tests, which indicated unacceptable levels of a contaminant, the prospective purchaser reneged and demanded a return of its deposit. After getting a second ESA from another laboratory, the Member Firm reviewed the second laboratory’s results and agreed that the initial lab did not record the results correctly, and the contamination levels were not as severe. Both the developer and prospective purchaser sued the Member Firm who, in turn, sued the other laboratory. The Member Firm prevailed against the initial lab but recovered less than half the total amount of the settlement it reached with the developer and prospective purchaser.

Our Hosts:

• Elizabeth Brown, PE - Principal Geotechnical Engineer/JLT Consultants

Elizabeth is the Principal Geotechnical Engineer at JLT Consultants in Boise, Idaho. Elizabeth has performed and/or assisted with numerous geotechnical investigations throughout Idaho, Oregon, Washington, and Wyoming managing projects, providing geotechnical design, project quality control, cost and value engineering, and evaluating geotechnical constructability issues.

• Abi Corbett – Project Consultant/SME.

Abi is a Project Consultant at SME experienced in managing a variety of steel, concrete, coatings, and nondestructive testing projects. She specializes in managing projects related to DOT fabrication quality assurance reviews but also supports project managers throughout SME’s various service groups.

Lessons Learned:

• Exercise Due Diligence When Hiring Chemical Analytical Laboratories
• Contract Carefully
• Keep Internal QC in Mind
• Realize That Small Projects Can Create Big Risks
• Provide Appropriate Oversight
• Try Mediation
• Written Agreements Are Essential

Calls-to-action:

• Download Case History #5
• Visit the following link to access all of GBA’s Case Histories: https://www.geoprofessional.org/gba-case-histories/
• An account is required to download the individual Case Histories, which are free for GBA Member Firms.
• Visit the GBA Website at https://www.geoprofessional.org for other training resources and reference materials and/or to become a member.
• Visit https://www.gbapodcast.com for future Podcast Episodes
• Contact us at info@geoprofessional.org with any podcast-related questions or comments

Subscribe

• Subscribe to the GBA Podcast https://www.gbapodcast.com/subscribe

This episode was produced by the following GBA Members:

• Abi Corbett – Project Consultant/SME.
• Elizabeth Brown, PE - Principal Geotechnical Engineer/JLT Consultants
• Ryan White, PE, GE – Principal Geotechnical Engineer/Apex Companies, LLC

On the first of each month, GBA Executive Director Joel Carson provides an inside look at the latest GBA member resources, events, and news. These short and information-packed videos will make you and your firm smarter, stronger, and more successful!

• Remembering GBA Past-President David Lourie, P.R., D.GE, F.GBA
• GBA Ascend Class Information
• GBA Geoprofessional Career Ascent Program
• GBA Ascend Class Application
• Post-Installed Anchors ICC Webinar
• Board Slate for FY2026-27
• 2026 GBA Annual Conference