What to Do If You Think a Pile Claim Is Coming

by Robert A. Rubin, (M.ASCE), Part.; Max E. Greenberg, Trayman, Cantor, Reiss & Blasky, New York, N.Y.,

Serial Information: Journal of the Construction Division, 1978, Vol. 104, Issue 4, Pg. 503-514

Document Type: Journal Paper

Discussion: Vandre Bruce C. (See full record)
Discussion: Farr J. Steven (See full record)
Discussion: Borg Robert F. (See full record)

Abstract: Pile claims arise from excessive pile driving noise, changed conditions and damage to adjacent buildings. Pile driving noise claims can involve injunctions and loss-of-business lawsuits by adjoining property owners, violations of noise limit statutes and ordinances, and OSHA citations. Claims for pile driving damage to adjacent buildings are governed by whether a negligence or an absolute liability legal standard will be applied. The law governing pile driving claims is currently changing and varies significantly from one locality to another. If a pile driving claim is believed to be coming (1) local law should be ascertained (2) the contract should be carefully read and all notice provisions complied with and (3) facts should immediately be investigated, photographs taken, detailed records kept, experts engaged, and all evidence safeguarded for an eventual trial.

Subject Headings: Claims | Pile driving | Damage (structural) | Laws | Traffic safety | Owners |

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