A Storied Foundation of Construction Law
It’s time to impress your colleagues at the next charity golf tournament with your knowledge of dusty, but, applicable Supreme Court cases about pile driving. Surprisingly, they not only exist — they are the cornerstone of modern American legal principles applicable to all construction — so there. Your industry has, as they say, bragging rights. Also, these cases come in handy when you face a claim setting and your attorney, or claims consultant, needs a lifeline — these cases will impress them, as well, if you know them by name. Don’t worry — there is no test at the end.
Most heavy contractors building either cofferdams or deep foundations are familiar with “The Spearin Doctrine” that basically says, you can sue the owner when your costs skyrocket because the plans are no good and did not work.
In that 1918 decision, the Supreme Court of the United States (“SCOTUS” in legal circles) faced a situation where a contractor building a dry dock in Brooklyn Harbor for the U.S. Navy could not get the dock to drain because New York City had built an underground sewer works that continued to pour into the waterway where the dry dock was being built.
A Storied Foundation of Construction Law
It’s time to impress your colleagues at the next charity golf tournament with your knowledge of dusty, but, applicable Supreme Court cases about pile driving. Surprisingly, they not only exist — they are the cornerstone of modern American legal principles applicable to all construction — so there. Your industry has, as they say, bragging rights. Also, these cases come in handy when you face a claim setting and your attorney, or claims consultant, needs a lifeline — these cases will impress them, as well, if you know them by name. Don’t worry — there is no test at the end.
Most heavy contractors building either cofferdams or deep foundations are familiar with “The Spearin Doctrine” that basically says, you can sue the owner when your costs skyrocket because the plans are no good and did not work.
In that 1918 decision, the Supreme Court of the United States (“SCOTUS” in legal circles) faced a situation where a contractor building a dry dock in Brooklyn Harbor for the U.S. Navy could not get the dock to drain because New York City had built an underground sewer works that continued to pour into the waterway where the dry dock was being built.
Read the Full Article