Recent Developments In The Law Of Deep Foundations

Waagner, Brian P.
Organization: Deep Foundations Institute
Pages: 11
Publication Date: Jan 1, 2002
Construction law in general and the law of deep foundations in particular continues to develop rapidly, particularly in the areas of risk allocation. Public and private owners are increasingly using contractual disclaimers to shift the risk of differing site conditions to contractors, and courts are increasingly willing to enforce these contractual devices. Perhaps also in an effort to control costs, public and private owners are turning to design-build contracting techniques. While design-build offers many advantages over traditional project delivery systems, it does not answer all of the risk-allocation questions that frequently arise. Even in design-build, problems with unanticipated subsurface conditions and defective design are not easily addressed. Finally, developments in electronic commerce present the potential to transform the construction industry.
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