ETHICAL AND RISK ASPECTS OF DEEP FOUNDATION SUBCONTRACTS

摘要

In the last decade, the construction industry has witnessed significant changes in the project delivery systems and contractual relationships between the general contractors (GC) and Deep Foundation Specialty Contractors. The Deep Foundation industry, especially including industry specialty subcontractors, have experienced a significant increase in requests that project risks be transferred through contract documents to subcontractors and suppliers with a decrease in margins for the industry. GCs regularly revise their form subcontracts to take into account recent experiences/contractual trends and newly issued judicial precedent, an exercise that is less frequently undertaken by subcontractors and suppliers. These contradictory trends are at the base of the ethical analysis of subcontracts that comprises the subject matter of this paper. Using contracts as a risk management tool in order to mitigate the general contractor's risks in the context of dynamic changes in the legislative environment will also be addressed. Furthermore, another possibility for risk mitigation for the industry is to actively promote the introduction of the latest technical developments into the contract documents.