LEGAL ISSUES -"PIVOT" RISK AND REWARD POINTS IN ENGINEERING-Paper

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Mark J. Rice, a construction and engineering attorney, argues that successful deep-foundation projects depend not only on sound engineering and contracts but also on communication, leadership, careful planning, and willingness to identify and correct mistakes. Drawing on examples of major failures, he warns against groupthink, fatigue, poor coordination, and assumptions, and urges teams to pause, verify facts, document decisions, and speak up when risks appear.<br /><br />A central legal issue is the differing site conditions (DSC) clause. Contractors should give prompt written notice before disturbing unexpected conditions, while owners should investigate promptly and disclose relevant subsurface information. Rice recommends documenting actual conditions and their effects on cost, schedule, and equipment, and using dispute review boards or project neutrals to address disagreements without disrupting the work. Under the Spearin doctrine, contractors may generally rely on owner-provided plans and specifications; owners can bear the cost of defects or materially inaccurate subsurface information.<br /><br />Rice also emphasizes choosing a project delivery method suited to the project’s priorities, challenging outdated specifications, and ensuring project teams have the skills and tools to coordinate digital models. Submittals should be reviewed seriously as checks for conformity, but ordinarily do not transfer design responsibility.<br /><br />When disputes arise, engineers remain important participants in the eventual forensic review. However, Rice’s overarching advice is to resolve problems early through accurate records, open communication, collaboration, and a readiness to reconsider initial positions—reducing the likelihood that project issues escalate into costly legal disputes.

Keywords

deep-foundation projects

differing site conditions

Spearin doctrine

construction attorney

subsurface information

project delivery method

dispute review boards

forensic review

construction disputes

risk communication