Borrego Springs Middle School Project

• Client: Mainiero Smith & Associates
• Client Type: Consulting Civil Engineer
• Service: Damages Claims Analysis
• Claim Amount: $25M
• Location: Borrego Springs, California

Borrego Springs Unified School District pursued claims for alleged design error and omission on the part of the architect for designing the school with a finished floor elevation below that required to protect the school from periodic sheet flow flooding. The architect in turn claimed that the alleged design error and omission was the responsibility of our client, who was the consulting civil engineer on the project. The claim consisted of both direct and indirect costs sought by the Borrego Springs Unified School District and their experts, and the alleged need for a temporary school facility during the remediation activities. Strategy’s role was to evaluate the remediation plans and claimed construction cost being pursued, as well as to prepare a detailed analysis of alternative and more cost-effective remediation schemes, which would not require a temporary school facility. This analysis included but was not limited to preparing detailed order of magnitude estimates and schedules for alternative remediation schemes. These schemes included but were not limited to the following:

• Earthen Berming
• Concrete and/or masonry retaining walls
• Combination of earthen berms and concrete and/or masonry retaining walls

Each of these remediation schemes had additional order of magnitude estimate variations with regard to locations, use of stairs and access variations, flood gates and/or the use of flood doors. Strategy also prepared an analysis of the Borrego Springs Unified School District estimate of claims identifying errors, areas of added value/betterment and excessive costs which resulted in a substantial reduction in the claim value.

Strategy’s analysis resulted in a favorable settlement during the settlement discussion prior to trial.