LEGAL AFFAIRS SECTION
Oct 1, 2006

Legal Consequences of Damages to Underground Facilities by Horizontal Directional Drilling

Publication: Journal of Professional Issues in Engineering Education and Practice
Volume 132, Issue 4

Abstract

Horizontal directional drilling is rapidly becoming the method of choice for installing new underground systems including water, sewer, electrical, telephone, fiber-optic cables, and gas lines. Due to its minimal impact to surface activities and competitive cost, this technique is being utilized worldwide. Unfortunately, poor drilling practices by some contractors have caused utility strikes that have resulted in major legal ramifications and subsequent negative image of the technique. Just one incident alone can result in significant monetary judgments due not only to the reparation for repairing the damaged utility, but also for damages due to “loss of use.” This paper presents theories of legal liability and recoverable damages applied to incidents of damages to underground facilities by the contractor. Recommendations for preventing the repetition of these types of incidents through the discussion of prior identification of potential hazards and proper drilling practices are discussed.

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References

Ball, A. (2000). “AT&T awarded $350 million for cut line.” Austin American-Statesman, Wednesday, November 15.
Bennett, R. D., Ariaratnam, S. T., and Como, C. E. (2001). “Horizontal directional drilling good practices guidelines.” HDD Consortium, Washington, D.C.
CGA. (1999). “Common ground: Study of one-call systems and damage prevention best practices.” U.S. Dept. of Transportation, Research and Special Programs Administration, Office of Pipeline Safety, Washington, D.C., 81–100.
CNA. (1998). “Minimum damage prevention guidelines: Excavation procedures for underground facilities.” CNA insurance, 1–4.
National Transportation Safety Board (NTSB). (1997). “Protecting public safety through excavation damage prevention.” PB97-917003, National Transportation Safety Board Study, Washington, D.C.
National Utility Locating Contractors Association (NULCA). (1996). “Excavation practices and procedures for damage prevention.” Spooner, Wis.
OSHA. (2003). “Hazards associated with striking underground gas lines.” OSHA safety and health unformation bulletin no. SHIB03-05-21, Washington, D.C.
Telecommunications Industry Benchmarking Consortium (TIBC). (1994). “Network protection practices for subsurface facilities.” 56.

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Information

Published In

Go to Journal of Professional Issues in Engineering Education and Practice
Journal of Professional Issues in Engineering Education and Practice
Volume 132Issue 4October 2006
Pages: 342 - 354

History

Received: Jan 13, 2006
Accepted: Mar 27, 2006
Published online: Oct 1, 2006
Published in print: Oct 2006

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Authors

Affiliations

Samuel T. Ariaratnam, M.ASCE
Associate Professor, Del E. Webb School of Construction, Arizona State Univ., P.O. Box 870204, Tempe, AZ 85287-0204 (corresponding author). E-mail: [email protected]
James J. Proszek
Attorney, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., 320 South Boston Ave., Suite 400, Tulsa, OK 74103-3708. E-mail: [email protected]

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