Contractor-Client Legal Problems In Underground Construction

Underground construction involves all the legal problems common to the construction industry and adds a nice little group of its own. Elements which will ultimately affect contractor-owner relationship commence to form almost as soon as the owner conceives of the project. A few of these with emphasis on their application to underground construction will be mentioned. (1) During the design stage, determination must be made as to whether the specifications will be general or restrictive. To what extent will the operations of the contractor be controlled? Can he proceed to use any method of tunnel excavation that he desires and only be responsible for the end result or will specific excavation procedures be required? Can explosives be used? Under what restrictions? Are tunnel supports required? How long can the crown behind the heading remain unsupported? What kind of supports are required? What restrictions on the placement of tunnel-lining concrete will be required? Each of you could extend this list for many pages but these illustrations are indicative of decisions that must be made in advance of bidding, and the ultimate decision on each question can have a significant effect on the legal relationships that exist between the contractor and the owner. The owner wants a good job at a fair price. On the other hand, nothing is worse than having a tunnel collapse during the construction period, with its extra costs, loss of life, and delay to the entire project. If the specifications are too restrictive, increased costs of performance are bound to occur. Owners save tremendous amounts of money by obtaining a contractor who has been ingenious in devising the most economical construction procedure. Care must be taken in drafting the specifications so that the benefits of such ingenuity will not be lost. (2) HOW is the contract to be awarded? Will there be open bidding, a restricted list of bidders, or will there be negotiations with a comparatively few contractors? If it is a government project, whether Federal, state, or