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Technical, Ethical, and Legal Issues with Forensic Geotechnical Engineering––A Case History
For geotechnical engineers it is only a myth to believe that practicing perfect engineering, or conforming to normal standards of care, will provide immunity from civil liability. Unfortunately, when problems or failures occur, all parties including engineers get named in the lawsuit regardless of their innocence. In USA, attorneys sue everyone involved with a damaged project to secure compensation or claim to their liability insurance limit. A practicing geotechnical engineer cannot provide services without the fear of a lawsuit. Strategies for limiting liability range from assessing risk to securing professional liability insurance and including limitation of liability classes in consulting contracts between engineer and the client. Although experts retained by opposing parties generally disagree on issues resulting from differences in professional judgment, they are invaluable to the jurisprudence system in America. This paper presents some legal issues involving the jurisprudence system and introduces a case history that includes all elements of forensic geotechnical engineering.
Technical, Ethical, and Legal Issues with Forensic Geotechnical Engineering––A Case History
For geotechnical engineers it is only a myth to believe that practicing perfect engineering, or conforming to normal standards of care, will provide immunity from civil liability. Unfortunately, when problems or failures occur, all parties including engineers get named in the lawsuit regardless of their innocence. In USA, attorneys sue everyone involved with a damaged project to secure compensation or claim to their liability insurance limit. A practicing geotechnical engineer cannot provide services without the fear of a lawsuit. Strategies for limiting liability range from assessing risk to securing professional liability insurance and including limitation of liability classes in consulting contracts between engineer and the client. Although experts retained by opposing parties generally disagree on issues resulting from differences in professional judgment, they are invaluable to the jurisprudence system in America. This paper presents some legal issues involving the jurisprudence system and introduces a case history that includes all elements of forensic geotechnical engineering.
Technical, Ethical, and Legal Issues with Forensic Geotechnical Engineering––A Case History
Developments in Geotechnical Engineering
Rao, V.V.S. (editor) / Sivakumar Babu, G.L. (editor) / Saxena, D. S. (author)
2015-08-29
16 pages
Article/Chapter (Book)
Electronic Resource
English
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