Firemen's Insurance v. Indermill

FOX, P. J.

This was an action to recover money paid by plaintiff to its assured for damages alleged to have been caused by the negligent construction of a building by defendants. The court rendered judgment in favor of plaintiff for $6,608.04. Defendants have appealed.

Walter S. Graf entered into a contract with defendant Indermill to build a residence for him. The terrain was hilly, sloping down toward the back of the house and away from the street. Plans and specifications were submitted on behalf of Graf. These called for the drilling of caisson holes for support of the rear of the house. Indermill employed Gossman and Gossman to do the cement and concrete work, which included the foundation and caissons. Indermill was advised that the house would be on filled ground. Therefore, the depth to which the caissons would have to be drilled and poured was unknown. Consequently, the construction contract between Graf and Indermill contained a provision for adjusting the foundation costs according to the actual required linear feet of drilling. A Los Angeles county building ordinance provides that caissons must go a minimum of 12 inches into natural soil when construction is on filled ground. After the caisson holes were completed they were inspected by a county building inspector, who measured the depths of the holes and approved them for

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the pouring of concrete. Indermill made no inspection of the soil prior to the excavation for the caissons nor did he make any inspection of the holes except for depth. This latter information was necessary in order to determine the cost of the excavation work for the caissons. After the building was completed it settled, and certain repair work became necessary in order to put the building into proper condition. After being advised that the building had settled, Indermill employed an engineering firm to make soil investigations. Access holes were drilled adjacent to four of the caissons and a soil engineer was lowered into the holes to observe soil conditions. He observed that loose fill and foreign matter extended below the bottom of three of the caissons and that none of them were constructed on load-bearing soil. The cost of the repairs was $6,608.04, which was stipulated to be a reasonable price therefor. Graf paid for these repairs and was reimbursed in that amount by plaintiff under its contract of insurance. Plaintiff thereupon brought this action as subrogee and assignee to recover the amount thus paid.