Apex Directional Drilling, LLC v. SHN Consulting Engineers & Geologists, Inc.

Good Law
119 F. Supp. 3d 1117·2015 WL 4749004·2015 U.S. Dist. LEXIS 105537
United States District Court, Northern District of CaliforniaAugust 11, 2015Case No. 15-cv-02501-RSCalifornia6,264 words

Opinion

Lead Opinion

Seeborg, J.

ORDER DENYING MOTION TO DISMISS

I. BACKGROUND

This litigation emanates from problems associated with a municipal sewage construction project. In April of 2013, the City of Eureka, California publicly solicited bids from contractors for the instalLttion of a new wastewater pipeline by use of a technique known as horizontal directional drilling (“HDD”). 2 SHN Consulting Engineers & Geologists, Inc. (“SHN”) contracted separately with Eureka to serve as lead engineer and project manager. Part of SHN’s job was to conduct geological studies of the site and, based on its findings, to prepare plans, reports, and specifications describing the project. Certain of SHN’s descriptions of the project, including a Geotechnical Baseline Report (“GBR”), were furnished to potential bidders. Eureka and SHN intended that contractors would rely on the reports and drawings to estimate the necessary inputs for completing the work under the represented conditions and to determine whether and how much to bid for the project. In meetings with prospective bidders, SHN representatives orally affirmed that the findings of the GBR and other materials were accurate.

The GBR indicated that the majority of…

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