The plaintiff Township brought an action against the defendant engineering firm and contractor regarding the installation of a municipal drain.
The Township alleged the construction methodology was flawed, causing sinkholes, and sought complete reconstruction.
The defendants argued the issues were normal maintenance problems.
The Drainage Referee found that the Township's unilateral decision to use a novel flat-bottom tile constituted a change in specifications, while the engineering firm failed to properly implement this change onsite.
The Referee concluded the drain did not require reconstruction and the issues were maintenance-related.
The Township and the engineering firm were ordered to equally contribute to a $15,000 trust fund for future maintenance.
