Let's say for example that a dry retention pond holds water longer than people would like, and they hire a CGC to perform maintenance to correct the pond performance. The work to be done by the CGC was detailed in a job spec by a licensed engineer. Can the CGC contract and performance bond be written so as to guarantee that pond performance is improved? It's an ugly way of holding the CGC responsible for the engineering design, but in this case the CGC and PE are quite cozy.
no. Conditions change, the water table is variable and a development up the drainage can impact all of it. All of that cuts both ways in court.
Thanks.