I know this accusation is against the contractor, but I couldn't help noting that part of the basis for the accusation is that the contractor did not install pressure treated "micro-lam" joists as called for on the structural drawings. Well, I don't know if the situation was different in 2005, but currently Microlam LVL lumber manufactured by Weyerhauser (not sure if this is what was specified or what is referred to in the accusation as "micro-lam") cannot be pressure treated. This would amount to an error (inconsistency between the design model and reality) in the structural drawings/specifications. Granted, the contractor still would have had a duty to point this out to the EOR and get authorization for a substitute.
There are several other issues in the accusation that would be easy for a good lawyer to pick on. For example, the contractor used 3 layers of OSB decking instead of plywood as called for in the construction drawings/specs, but plywood, if not protected any better than the OSB, would not perform significantly better with regard to decay resistance, not to mention the decking was not the primary framing member failure that resulted in the collapse, it was the cantilevered joists.
One more thing, the accusation doesn't establish an actual date when the waterproofing subcontractor performed work on the decks in question, but automatically assumes the deck framing was completely unprotected from the time the decking was installed until the last date that the waterproofing subcontractor performed work 10 months later, during which time 38 inches of rain fell.
Not trying to defend the contractor, just pointing out that the net could easily be cast quite a bit wider... and I'm sure it will be if it hasn't been already.