A Review of Legal Claims and Recommended Risk Management Practices for Site Characterization in Geotechnical Engineering

摘要

Geotechnical engineering is considered one of the financially riskiest engineering professions due to the inherent uncertainty associated with characterizing the subsurface. Subsurface investigations rarely provide a complete picture of the nature of the soils at a particular site and the results of the investigation and laboratory tests typically require interpretation in order to be used in design. When the characterization of the subsurface and/or the engineering properties of the soil differ from those expected during design, damage can occur to the constructed project. In the United States, where lawsuits are prevalent, this damage often translates to claims against and thus financial losses for geotechnical engineers. A database comprised of 1,500 claims levied against geotechnical engineering companies between 1988 and 2013 was examined, and the 897 claims that resulted in significant financial losses were subsequently analyzed. $51 M in losses could be attributed to claims in which the primary service provided was geotechnical investigation. This was the single largest area of claims, accounting for 44% of those studied. Several other sources were identified, including technical errors, errors in communication between parties, and improper documentation during geotechnical analysis. This paper will summarize the study database, highlight the primary sources that led to legal action against geotechnical companies, and make recommendations as to how proper site characterization, project documentation, and peer review can be used to implement best practices and minimize the risk of legal liability.