27 Apr Property Damage Caused by Railway Construction
The construction of a new railway line negatively impacted flood mitigation earthworks that had been constructed by the plaintiff in this matter. A series of floods over three years caused significant damage to the flood mitigation infrastructure as well as causing direct losses through loss of crops, soil erosion and loss of irrigation infrastructure. ARC was appointed by the solicitors acting for the plaintiffs to assist in assembling a team tasked to assess the impact of actual and future losses as well as the type and cost of the remedial work required to fix the problem.
What we did
Due to the complex and multi-faceted nature of this matter, a range of experts in different disciplines was required. As well as agricultural experts, specialists in civil engineering, hydrology and flood mapping and modelling were required. ARC was central in identifying appropriate experts, instructing them and then co-ordinating the work required to fully document the plaintiff’s case. As well as calculating the direct losses that had been incurred by the plaintiff, detailed financial modelling had to be undertaken to predict the potential impact of future flooding events under various mitigation scenarios.
The quantification process involved modelling multiple scenarios involving different assumptions relating to flood heights, the cost and effectiveness of various mitigation strategies, and variables relating to crop production. The matter was settled in late 2019 with the plaintiffs receiving settlement commensurate with the damage caused by the heads of loss identified and quantified by ARC.