Chapter 5
Claim Resolution and Damage Investigation
Publication: Underground Utilities for Construction Practitioners and Homeowners
Abstract
This chapter examines the role of the US federal government in the establishment and monitoring of effective enforcement in the United States based on fair and effective damage investigation. The most commonly used charge of liability in utility damage cases is negligence. Negligence claims are made in the context of the duty of excavators to use reasonable care in digging near underground facilities, breach of that duty by excavators, and damages affecting utility owners that result from breach of duty. This chapter also describes state-constructed enforcement programs and discusses evaluations of these programs by PHMSA (USDOT’s Pipeline Hazardous Materials and Safety Administration). The mechanics of different programs’ functions are explored in terms of investigation and subsequent determination of fault and assignment of cost recovery.
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References
Al-Bayati, A. J., and L. Panzer. 2019. “Requirements and practices of underground construction activities: A review of recently updated act.” J. Leg. Aff. Dispute Resolut. Eng. Constr. 11 (3): 04519008. https://doi.org/10.1061/(ASCE)LA.1943-4170.0000300.
Ariaratnam, S. T., and J. J. Proszek. 2006. “Legal consequences of damages to underground facilities by horizontal directional drilling.” J. Prof. Issues Eng. Educ. Pract. 132 (4): 342–354. https://doi.org/10.1061/(ASCE)1052-3928(2006)132:4(342).
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Information & Authors
Information
Published In
Underground Utilities for Construction Practitioners and Homeowners
Pages: 67 - 94
ISBN (Print): 978-0-7844-1581-8
ISBN (Online): 978-0-7844-8357-2
Copyright
© 2021 American Society of Civil Engineers.
History
Published online: Sep 1, 2021
Published in print: Sep 9, 2021
ASCE Technical Topics:
- Business management
- Claims
- Construction engineering
- Construction methods
- Disaster risk management
- Disasters and hazards
- Dispute resolution
- Excavation
- Federal government
- Government
- Hazardous substances
- Infrastructure
- Legal affairs
- Liability
- Lifeline systems
- Litigation
- Man-made disasters
- Organizations
- Pipe materials
- Pipeline systems
- Pipes
- Practice and Profession
- Subsurface utilities
Authors
Metrics & Citations
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