摘要: |
A retaining wall in a residential development fails, causing damage to two properties that border the structure. While the design engineer believes the evidence clearly establishes construction deficiencies as the cause of the failure, the contractor produces an expert witness who attributes the failure instead to inadequate design. The case setdes with both parties contributing a share of the damages, but the design engineer is incensed by what he feels to be a bad faith argument advanced by the expert witness, an ASCE member. The design engineer files a complaint with ASCE's Committee on Professional Conduct, claiming that the expert failed to conduct an adequate investigation and willfully made false or misleading statements about the design in order to shift fault from the contractor. |