CONSTRUCTION LAW
Pile driving contractors need to consult with
their insurance brokers before beginning work.
This ensures that they have the correct type and
amount of insurance coverage needed to address
as many of the project’s risks as possible.
completed by those with the relevant expertise. That survey can
be used to design an effective construction monitoring program.
Oftentimes, those reports will recommend that a monitoring
plan and certain other proactive measures be implemented. If
the reports do that, a prudent pile driving contractor will treat
those recommendation as a directive, not merely something to
consider. Lastly, pile driving contractors need to consult with
their insurance brokers before beginning work. This ensures that
they have the correct type and amount of insurance coverage
needed to address as many of the project’s risks as possible.
When appropriate, a pre-construction condition survey
can be used to determine: (1) whether there are vulnerable
structures nearby; (2) the existence and extent of any preexisting
damage in the surrounding structures; and (3) whether
noise-related considerations are appropriate given the homes
and types of nearby businesses that could be disrupted. This
proactive measure will be just as important as the geotechnical/
soils reports if any neighbors claim that their structures were
damaged by the pile driving.
Obviously, pile driving contractors are most at risk during
execution of their work. Proper planning, using appropriate
means and methods, diligent field supervision and carefully
monitoring the real-time impacts on the surrounding
environment are all ways to mitigate that risk. Making sure all
workers wear the required personal protective equipment and
regularly attend safety meetings will help minimize the risk of job
site-related injuries.
Developing and then diligently implementing a continuous
monitoring program can be invaluable, especially if the doctrine
of strict or absolute liability applies to the project. Monitoring
programs will provide real-time information that allows a pile
driving contractor to quickly identify and avoid potential issues
before they become something serious.
It is during this phase of the project that having carefully
studied the geotechnical and soils reports will pay off. When
combined with a pre-construction survey, the findings in
those reports should determine which pile driving method is
appropriate for the site. For example, the pile driving contractor
might consider pre-augering the soil. The increased costs of
that approach might very well be offset by the decreased risk of
construction-related complications ripening into a claim.
Unfortunately, the nature of pile driving is such that one can
carefully plan ahead and still be the subject of a property damage
and/or nuisance claim. When that happens, the pre-planning will
be critical to successfully defending against such claims. That is
true for a number of reasons, one of the most important being a
situation in which a pre-construction survey has documented all
of the pre-existing conditions in a structure that might otherwise
be included in a claim as damage caused by the pile driving.
While this article highlights some of the relevant legal issues,
it is merely an overview that one can use to begin developing a
comprehensive risk management plan. Putting that plan into
action requires careful planning and hard work. But once such a
plan is in place, your company will be better able to consistently
manage its legal risks in a way that either reduces the likelihood
of claims or, if a claim is made, will help you successfully defend
against such claims. t
Jay Houghton is a senior counsel in the San Francisco office of
Seyfarth Shaw LLP.
Phone: 985-643-0690
Specialty Piling Systems
is now a division of
601-268-1105 | greg@masonforestproducts.com
Continuing a tradition as the premier supplier
of plywood cushions for all shapes and sizes of
concrete piles – square, octagonal, round and
especially cylinder piles – solid or hollow.
www.PileDrivingCushions.com CajunPD@gmail.com
Phone: 985-707-7353
112 | ISSUE 6 2020 www.piledrivers.org
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