Q: If I have a contractor build an earth dam for me and 2yrs later the dam fails ? Is that contractor liable ?
A:
It's difficult to say, based on the brief facts. In institutional settings, the parties generally formalize the work scope into an engineering specification, a civil engineer provides a design, a P.E. signs off on it, surveys are done, soil testing is done, among other measures to ensure a sound structure. In smaller, informal settings, both sides may enter into an agreement over a handshake with the best of intentions and a mutual goal of containing costs. But in those settings, it can be difficult to determine who is at fault in such a situation. Good luck
Tim Akpinar
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