Mark's Construction Law Blog

PILE DRIVERS AND THE U.S. SUPREME COURT

It’s time to impress your colleagues at the next charity golf tournament with your knowledge of dusty, but, applicable Supreme Court cases about pile driving. Surprisingly, they not only exist — they are the cornerstone of modern American legal principles applicable to all construction — so there. Your industry has, as they say, bragging rights. Also, these cases come in handy when you face a claim setting and your attorney, or claims consultant, needs a lifeline — these cases will impress them, as well, if you know them by name. Don’t worry — there is no test at the end.

EFFECTIVE EARLY MANAGEMENT OF LEGAL RISKS FOR THE PILE DRIVING CONTRACTOR

When a pile driving contractor bids a large project, often it literally “bets the company.” The contract, financial, and safety risks are potentially high. Against these steep risks, the contract forms, work procedures, insurance, and business relationships only provide so much comfort if something goes really wrong. Whether a differing site condition that triples the shifts, a specification that does not work, a tough owner or prime contractor, project delays, a crane accident or utility obstruction, somehow the finger pointing often seems to aim at the pile driving contractor, the one who is just doing his job, because at the bottom of the project “food chain.”

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