Introduction
These excerpts address the following issues in the dispute: the French drain's effect on the slope, GeoTek's repair recommendations, and whether their report concluded rain caused the failure. All are taken directly from the official court transcript.
Q = Vasko Alexander, Jill's Attorney
A = Steven Runyan, P.E., GeoTek Engineer
A = Steven Runyan, P.E., GeoTek Engineer
Key Testimony
What did GeoTek testify about the French drain's effect on the slope?
GeoTek's PMQ, Runyan, testified the French drain is "counterproductive."
And why would GeoTek make that recommendation?
The surface drain system is collecting water from the surface and introducing it into the subsurface system, which is counterproductive to what the subsurface system is designed to do.
Pages 24-25
Did GeoTek's report conclude that rainfall caused the slope failure?
No. Runyan testified that the rainfall data in GeoTek's report "does not define what caused" the slope failure.
Does that language necessarily indicate that it was the rainfall that caused the slope failure?
It does not define what caused it.
Page 19
Did the HOA implement GeoTek's recommended drainage fixes?
No. GeoTek recommended two alternate fixes: (1) cap the surface drains with a watertight cap, (2) build a swale or v-ditch to redirect surface water. Runyan testified he was unaware of either being done.
Tell me what the first method is and what the second method is.
The first method is to seal the area drains behind the retaining wall with a watertight cap, which would stop the introduction of surface water into the wall drainage system, which would allow the wall drainage system to work as intended.
What is the second one?
The second paragraph is a second recommendation for addressing surface drainage with a swale or ditch commonly used on slopes for taking surface drainage laterally to a acceptable area to be discharged.
Do you know if the HOA or anybody else for that matter has performed either one of those repairs?
I'm unaware.
Pages 25-26
Was the drain system feeding water back into the slope?
Yes. The drain system was constructed with perforated pipe connected to surface area drains, meaning surface water was being fed directly into the subsurface behind the retaining wall, rather than being carried away.
Is it fair to say that it is describing a condition where water that is supposed to be drained away by this perforated drain is actually being reintroduced back into the slope?
Yes.
Page 24
Did GeoTek confirm on redirect that the drain was sending water back into the slope?
Yes. On redirect examination, Runyan confirmed twice that the drain system was collecting surface water and introducing it into the subsurface. This was the last substantive exchange of the deposition.
The condition that is being described here is the collection of surface water by those perforated drainpipes. Correct?
That is my understanding.
And it is the introduction of that surface water into the subsurface. Correct?
That is also my understanding.
Page 39
Did GeoTek tell the HOA about the drainage issues?
Yes. Runyan testified that GeoTek emphasized drainage maintenance to the HOA "multiple times" and said its importance "cannot be overly emphasized."
And again, is this; what is the reason for emphasizing this kind of recommendation?
It's emphasized multiple times throughout this report to display its importance.
What is the importance of keeping this positive site drainage?
To avoid future slope failures or other structural failures.
Pages 20, 26-27
Is poor drainage a contributing factor to slope failures?
Yes. A major contributing factor. Runyan testified that when water ponds or seeps into the ground rather than draining away, it drastically reduces the strength of the soil.
And what is the danger of ponding or seeping of water, if positive site drainage is not maintained?
It drastically reduces the strength of the soil.
Could that be a contributing factor to slope failure?
It is a major contributing factor to slope failures.
Page 21
Was GeoTek hired to determine the cause of the slope failure?
No. Runyan stated: "We were not contracted to come up with a reason for the failure. We were contracted to come up with a repair for this failure." GeoTek's scope of work did not include determining the cause of the failure or assigning responsibility.
What was the scope of work that GeoTek was tasked to perform?
To assess the hillside slope failure and recommend repairs.
Is this sentence intended to provide a reason as to why the slope failure occurred?
That is not the intent of the Conclusions and Recommendations. These are observations and recommendations, not; we were not contracted to come up with a reason for the failure. We were contracted to come up with a repair for this failure.
Pages 18, 30, 37
Does GeoTek stand by the observations about the drain system?
Yes. When asked directly whether GeoTek stands by what its report documented about the perforated drainpipe system, Runyan confirmed without hesitation.
Does GeoTek stand by its observations, as I just read them?
Yes.
Page 23
Did GeoTek install the French drain?
No. The HOA did. Runyan confirmed that GeoTek does not perform construction work. The drain was installed by the HOA in 2019, before GeoTek was ever involved.
The condition that GeoTek observed with respect to the perforated drainpipes that were installed; and they were not installed by GeoTek. Correct?
GeoTek does not perform construction activities.
Page 39 · See also: Sandra Comouche, Pages 85-86