Ignorance is Not Bliss: Lessons from Landslips and Legislation

The legal case Sydney Water v Asset Geotechnical Engineering & Ors NSWSC 1274 involved a claim by Sydney Water against several parties for damage to a sewer main caused by a landslip. The landslip occurred due to excavation work on a property where a boatshed was being constructed. The court found the property owners, the principal contractor, and the geotechnical engineer liable in negligence for the damage. A landslip on the property damaged a Sydney Water sewer main.

 The Court's Findings:

• The court found all three defendants liable in negligence for the damage to the sewer main. The excavation contractor was found not to have been negligent.
• The property owners were found "casually negligent" for not submitting plans to Sydney Water as required by the construction certificate.
• The geotechnical engineering consultancy was found to be substantially at fault for misconceiving the subsurface condition, failing to observe the sewer main, recommending batters that were too steep and not recommending a land risk management assessment.

 This case serves as a stark reminder for all professionals, especially in geotechnical engineering:

• Duty of Care Extends Broadly: Your obligations aren't limited to just Workplace Health and Safety. Commonwealth and State legislation across various domains apply.
• Stay Updated: Is your organisation diligently tracking changes in relevant legislation and regulations to mitigate liability?
• Integrate into Risk Management: Are these legislative requirements embedded within your organisation's risk management frameworks?
• Proactive Risk Identification: When undertaking work, particularly for non-specialist clients, it's your responsibility to look beyond the immediate brief and identify potential risks to infrastructure or the environment. Documenting these discussions and outlining liability is paramount.