January/February 2023 - 106

that its claim for bad faith against Falcon should not have
been dismissed saying there existed a dispute of fact as to
whether Falcon had " professional and unbiased, objective
record of the work that was done on the job. " The court
acknowledged that an architect or engineer may be deemed
the " sole [or final] arbitrator " between contracting parties
where a contract provides that the work of the contracting
party shall be done to the satisfaction, approval or acceptance
of an architect or engineer. In this specific case, though,
because Falcon was not contractually obligated to act in such
capacity (even if it had, at times, notated certain
items/progress in its inspection reports), the claim for bad
faith failed as a matter of law.
The case also addressed the issue of contract formation
between Choate and Southeast that this column will address
in a subsequent edition of Deep Foundations magazine.
The Takeaway
Negligence and bad faith lawsuits are typically difficult cases
to sustain against engineering professionals with whom the
contractor has no contract. These professionals may only be
found to owe a duty of care to the party they are inspecting or
supervising if they exercise substantial control over the
party's work.
Stay Up to Date
Did you know that in addition to the DFI website,
there are several ways to stay up to date on DFI and
the deep foundations industry? From the home
page of www.dfi.org, you can access DFI's
Facebook Page, LinkedIn Page and Group, Twitter
Feed and YouTube Channel. Or you can visit these
social media platforms and search for " Deep
Foundations Institute " or @DFI_Tweets on Twitter.
106 * DEEP FOUNDATIONS * JAN/FEB 2023

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January/February 2023

Table of Contents for the Digital Edition of January/February 2023

TOC
January/February 2023 - Intro
January/February 2023 - 1
January/February 2023 - 2
January/February 2023 - TOC
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