2/20/03

Agency sues dam designers
for negligence, cost overruns


MARYSVIILLE (2/20/03) -- The Yuba County Water Agency has sued a Bay Area engineering company for professional negligence because a multi-million dollar dam project wound up costing triple what the firm estimated.

The agency filed suit in county Superior Court Wednesday alleging Harlan Tait Associates, Inc. failed to exercise the care a "reasonable and prudent engineer" ordinarily would in such a project, court documents stated.

The Lake Frances Dam rehabilitation project came about after state regulators in 1989 ordered the agency either to make the dam earthquake safe or remove it.

Residents in the nearby communities of Dobbins and Oregon House area lobbied the agency to save the dam on the grounds the water it stored was needed for fire protection.

In 1996 Tait estimated it would cost between $3.6 million and $4.3 million to refurbish the dam. But, by the time project was completed in January 2001, the tab had ballooned to $14.7 million.

The agency let a design services contract to Tait in 1997, and in 1999 it approved a $3.6 million construction contract with Yubacon, Inc.

Yubacon halted work later that same year, saying it could not finish the job. A second construction was then awarded to Ford Construction of Lodi for an additional $4.2 million. Costs later expanded to $7.2 million, documents showed.

Among other things the suit alleges that: Tait breached it contract, was professionally negligent, failed to meet standards of care, approved overpayments and under-estimated costs, thus "misleading the agency in its planning and decision-making," the suit stated.

Harlan Tait officials will not comment on the suit, a company spokesman said Thursday.

The suit seeks damages according to proof. A case management conference was set for June 23.

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