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Federal Court in Indiana Permits City to Sue Design Subconsultant Despite Lack of Privity

City of Whiting, Indiana v. Whitney, Bailey, Cox, & Magnani, LLC, 2015 U.S. Dist. LEXIS 150229 (N.D. Ind. Nov. 5, 2015)

Author: Jane Fox Lehman

2/14/2016

Read the full post at Constructlaw

Federal Court in Indiana Permits City to Sue Design Subconsultant Despite Lack of Privity

The City of Whiting, Indiana (the City) contracted with American Structurepoint, Inc. (Engineer) to design a lakefront park that would protect its shoreline from erosion (the Project). Engineer subcontracted with Whitney, Bailey, Cox, & Magnani, LLC (Subconsultant) to serve as the marine engineer for the Project (the Subcontract). Pursuant to the Subcontract, Subconsultant designed a revetment to protect the Project shoreline. The revetment failed, damaging the City’s property and necessitating remediation.

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