In recent months, a number of engineering organizations and publications have highlighted a series of court cases that took place in Virginia earlier this year. In the case of William H. Gordon Associates, Inc. (Gordon) v. Heritage Fellowship, United Church of Christ (Heritage), Gordon was contracted for site design planning, including an underground storm water storage product that failed less than five months after installation. With a rare acceptance of appeal and February 2016 ruling by the Supreme Court of Virginia, this case appears to have reached its final conclusion.
With this ruling, the circuit court and the Supreme Court of Virginia have set a legal precedent that has broad-reaching implications in the civil engineering practice. This is why organizations like the National Society of Professional Engineers (NSPE) and the American Society of Civil Engineers (ASCE) filed briefs on behalf of Gordon in the appeal to the State Supreme Court. Ultimately, the ruling places additional liability on engineers.
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