David Draper and Patrick Quinn recently won a defense verdict in a construction arbitration tried in December. The client, a civil engineer, was retained to design a convenience store to be located at an intersection in suburban Memphis. The project was shut down by the City of Memphis when City officials discovered the two entrances were located less than 300 feet from the intersection, as mandated by a City set back regulation. The owner/developer sued the engineer claiming resulting lost profits. The arbitrator found that the engineer did not breach of the standard of care because the design locations had been established based on site conditions, including a small drainage ditch. Moreover, the owner/developer was aware of the design, and the engineer testified he informed his client the City might not approve the design locations.
