Milburn Scott Elliott Construction Case Study

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Milburn Scott Elliott’s Deposition Summary On April 2, 2014, Milburn Scott Elliott took a deposition for a previous lawsuit. Elliott construction was organized in 2009. Milburn Scott Elliott is the managing member of Elliott Construction, LLC and has a high school education. The company was hired by the City of Brian to build a lift station and to do sewer line work. Mr. Elliott is a member of the Association of General Contractors for 10 years. Mr. Elliott used to work for Tiller Corporation as a supervisor over utilities. He worked there for about 2 years and that was about 30 years ago. There were 22 workers at Elliott Construction at the time of the deposition: laborers, supervisors, machine operators, admin assistant, and bookkeeper. Elliott Construction provides training and all the employees took the training. He cannot recall when or what company gave the training, but all of the employees received certificates. The classes were trenching and shoring classes. Mr. Elliott has also taken safety classes, a six or seven hour TEEX shoring class. He does not remember when and where he took the class. …show more content…

He did not have an engineer review his the plans. An engineer who designed the lift station took a soil sample at the job site. Elliott assumed that the soil was Type A, because it was stiff. However, he does not know what ultimately was the soil type. The contract with the City of Brian required that all soils be treated as Class C soil (a looser soil). Class C soil requires special precautions to protect workers that Type A soil may not require; however, Elliott proceeded with the project assuming the soil was Type A instead of Type C. Additionally, Elliott was not aware that OSHA required that a trench of that depth with Type C soil requires a registered professional engineer to approve the method and manner of protecting the workers with a shoring system and trench safety

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