Mark's Construction Law Blog

The Digital Age, 3d Drawings, And Pile Driving – A New Frontier

It is generally true that with the advent of new technology, business relationships change. Sometimes, that is disruptive of old patterns, and new business patterns emerge that challenge existing ways of doing business, and traditional risk allocations. Such is the case with the electronic drawings – Auto- CAD, and BIM or Building Information Modeling – a fancy, now almost out of date acronym for using 3 dimensional, electronic drawings and models as plans and specs.

“Backpocket” Differing Site Condition Check List

TYPE I – DIFFERING SITE CONDITION (DSC)
A type I condition requires that a subsurface condition was encountered which differed materially from what was indicated in the contract documents.
The contract documents must contain some indication of conditions to be expected and the actual conditions must vary from that indication.
Express Indications: Boring locations, ground elevations, logs, subsurface investigation reports, ground water levels, foundation investigation reports.
General Design Indications: Inferences that can reasonably be made from reading the plans and specifications.

Catching The Fish By Moving To The New Fishing Holes

For those of you who attend the Pile Driving Contractor’s Association’s April 3-5 conference in Saint Louis, I will be speaking on Construction Risks for the Pile Driving Contractor.This article is about the business side of the pile driving company — making it in today’s “faster, better, cheaper, safer” project paradigms. Those paradigms challenge the Contractor to rethink his business. But some old school lessons are right there for the taking, and yes, as Shakespeare wrote in Merchant of Venice, it is about “First, let’s kill all the lawyers”. Or at least put an end to the legalistic, risk adverse way of the last 70 years — no longer a competitive approach to national or construction industry success.

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