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ABOUT THE CLAIM
One of Guardian’s surety clients called upon the company’s construction and engineering experts to consult on a major claim in the Southwest. The surety’s contractor-principal had bid and won a multimillion-dollar project for a county’s conversion of one of its municipalities from a septic to a city sewer system. This was a significant engineering project, one that included trenching, installing the mainline, installing laterals, excavating down residential streets and main streets, and connecting into the city sewer system. The principal exhausted his resources on the project and was terminated. Having discovered this fundamental difference in site conditions early on in the project, the principal informed the obligee and filed appropriate claims, but upon denial simply tried to make do.
ABOUT THE INVESTIGATION
Guardian’s personnel readily determined that the soil type on much of the project site was not “buildable” as was indicated in the soil report issued at the time of the bid. The right compacted sand, with adequate clay in its composition, can stand and be formed into reliable walls. This soil was more like beach sand. So, in addition to digging trenches deeper than anticipated, with his walls still collapsing in, the principal had valiantly attempted to shore the walls. For every foot of trench his team dug, they were having to place shoring plates for reinforcement. In terms of time and budget, this rendered the project three times more costly.
ABOUT THE RESOLUTION
The recommended and accepted best course of action was to have Guardian’s experts relet the project while pursuing a claim against the obligee for differing site conditions. Up against a hostile obligee, one who continued to take a bullying posture, Guardian provided expert testimony and litigation support, as well. From a technical standpoint, the takeaway here is that not all soil is the same. But the other thing to remember is how deep the Guardian and YA Group team dig to support and defend their clients. The forensic experts helped prove differing site conditions and together with the surety, the team helped get the principal back on his feet.
ABOUT GUARDIAN & YA GROUP
From the smallest of everyday surety bond claims and on up to some of the largest, most problem-fraught projects… and from contract to commercial… including claims outsourcing and a complete suite of complementary surety services, Guardian has served the industry as a dedicated, dynamic partner for over 30 years. Now operating as a division of YA, it’s the same personal commitment to your claims handling success to which clients have become accustomed. Today, your claims can be supported by over 650 technical building consultants who are strategically located throughout the U.S., with personnel in Mexico and England, as well. For all things surety, kindly call on the Guardian and YA Group team today.