An Engineer Rebuts a Contractor's Charges of Unfair Contracts

The point is made that much construction litigation, or at least arbitration, is inevitable; it cannot be avoided by reliance on changes in language incorportating new concepts of fairness. The acquiring of information related to the subsurface and utilities, and questions regarding right-of-way are considered, and claims faced by engineers are discussed. In public works it is not realistic to expect substantive changes in the competitive bidding system, except in times of national emergencies. The engineer has the basic responsiblity for the adequacy of the design of the product that emerges from adherence to plans and specifications. The contractor must accept basic responsibility for the methods of construction, including temporary structures. The owner must authorize subsurface investigations to provide information for the engineers design. The owner must provide the site in a timely fashing, and the contractor must in turn schedule his work realistically while cooperating and communicating with the engineer.