A Comparison of Contracting Methods for Bored Pile (Drilled Shaft) Construction Between Europe and North America-Article

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The paper compares contracting practices for bored pile (drilled shaft) construction in the United States and Europe, drawing on surveys of specialty foundation contractors and additional research. It examines standard contract forms, procurement and payment methods, risk provisions, and regional differences, with particular attention to the United Kingdom and Germany.<br /><br />In the United States, projects commonly use Design-Bid-Build (DBB), often awarded on lowest price. AIA and AGC forms are widely used, frequently adapted into hybrid subcontract agreements. European practice draws on a wider range of forms, including FIDIC, NEC, JCT, and Germany’s VOB. Although DBB remains common, Europe is moving more quickly toward Design-Build, early contractor involvement, and “Best Value” procurement, which considers factors such as technical capability, experience, quality, schedule, and lifecycle cost alongside price.<br /><br />Both regions use lump-sum and unit-price contracts, but European projects also commonly employ target-price and guaranteed-maximum-price arrangements. Public procurement rules and contract details vary across countries, though EU directives promote greater standardisation.<br /><br />Specialty foundation contractors in both markets face substantial uncertainty from ground conditions, scope changes, payment delays, and disputes over responsibility for risk. Differences include how soil risk is allocated, how variations are priced, and warranty expectations: the paper describes a ten-year warranty period in the EU, while North American requirements are less explicitly defined and rely heavily on inspection and quality-control provisions.<br /><br />The authors conclude that collaborative approaches can improve innovation, schedule, and risk management by involving foundation specialists earlier in project development. However, DBB remains prevalent, especially in North America, so clear contract terms and fair treatment of differing site conditions remain essential. They recommend giving specialty contractors a stronger role in developing contract provisions and sharing project risks.

Keywords

bored pile

drilled shaft

contracting practices

Design-Bid-Build

specialty foundation contractors

FIDIC

NEC

JCT

VOB

risk allocation