GeoConSol
Geotechnical & Tunnel Consultants

A consultant is a universal observer who can look at a problem outside the environment in which the problem came to be, thereby creating a solution that was never possible before.  Fernando Flores

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A-Misrepresentations
B-Type 1 or 2?
C-Jacked Pipe Failure
D-Top of Rock
E-PI Litigation Support
F-Geotech Assessment
G-Microtunneling Hard/Soft
H-Machine Failure
I-Boulders-Tunnel Boring
J-Boulders-Microtunneling
K-Plowing Utilities
L-Rock Socket Overrun
M-Bored Tunnel Inflow
N-Rock Comminution
O-Sub-Std TBM Performance
P-Bored Tunnel-Shear Zone
Q-Disputes Resolution
R-Problem Proj. Completion
S-Bored Tunnel Overbreak
T-Auger Sampling Problems
U-Bored Tunnel Delay
V-Hoe Ram - Failure to Rely
Peter J. Tarkoy
hydraulic dredging, performance, differing, site, condition, consulting

Failure to Rely on Technical Data


The contractor was directed to rely on the technical data, however, he was warned not to rely on the geotechnical report in making a DSC claim.

The indicated conditions consisted of sand, gravel, cobbles, and boulders in a dry state and prone to running.

The contractor chose to ignore: 

  • all of the technical data indicating: 

    • boulders in 5/7 borings,

    • 8 hits of boulders in 7 borings, 

  • all of the narrative information indicating: 

    • sand with running/flowing ground, 

    • boulders, 

    • contractor's responsibility for selecting means, methods, and equipment,

  • The contractor chose to capitalize on one word in the geotechnical report referencing "occasional" boulders.

The jury found against the contractor, denied the DSC claim and awarded the owner damages. . 


OWNER CLIENT PREVAILED

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