Risk Management Techniques to Avoid Litigation

"Litigation resulting from neighboring structures with settlement and/or lateral movement or improper pile design and faulty soils engineering analysis, are a multi-faceted opportunity for law firms. These types of claim scenarios are an attorney’s dream, and can obliterate a Deep Foundation Contractors profit and more importantly, can be avoided with a progressive approach to risk management in design and project management.The following (4) case studies will be examined and dissected to discern certain lessons learned for risk management solutions to avoid these deep foundation related challenges in the future.1) Pipe Flotation – Soil Conditions Not Anticipated in Specifications or Contract2) Easement Encroachment – Easement Dimensions Not Recognized Until Completion of Project3) Subjacent Lateral Support – Neighboring Structure Wooden Pile Unprotected Causing Structure to Settle4) Improper Pile Placement - Construction & Design Caused Retail Store to SettleSpecific Deep Foundation project challenges involving: buoyancy calculations regarding subsurface soil characteristics, design factors taking existing subsurface sewer line easements into account, structural instability as result of excavation causing exposure/heavy rainfall to existing wooden piles supporting adjoining building and improper pile location resulting from faulty pile design will be described with risk management recommendations to avoid these challenges in the future.From the very start of construction on any project deep foundation and excavating work poses numerous engineering and technical challenges for developers, contractors and engineers. Dealing with changing or hidden conditions is one of the most difficult challenges facing any contractor or engineer on a project. Relying on incomplete or inaccurate engineering reports is another common problem. Other challenges include dealing with technical errors or oversights that are deeply embedded in the project specifications or bid process.No matter what is the origin of the problem or how it manifests, deep foundation contractors, design professionals and engineers should be ever-mindful of good risk management practices that can prevent serious disputes that can result in costly litigation."