Question

In a construction contract, the specification and drawings called for sheet pilings to be driven 35 feet into the ground to form a cofferdam around a deep excavation. It proved impossible for the Contractor to drive the sheet pilings to the required depth due to the soil conditions. Who should be required to pay for the expense of the attempts to drive the sheet pilings to the required depth? Explain. Who is responsible to devise another method to make the excavation possible? Explain.

Answer 1

According to the drawings called for the sheet piling it can be seen that the depth given for the sheet piling is more as 35 feet is a difficult task if excavation is to be performed. Here as the contractor is not been able to do this much deep excavation the owner who needs the cofferdam to be formed around a deep excavation will have to pay the required expense for the attempts while driving the sheet pilings to the required depth. Now as if further it is being proving difficult to drive the piles then another method needs to be implemented so that the piles are driven properly or if the sheet piling is not been proven beneficial in these condition. So now it will be the responsibility of the contractor or the architect to introduce the new methods which may help in driving the piles to the suitable depth after deep excavation is being done as both of them are being hired by the owner and they need to take the responsibility that the task needs to be completed and one of them surely is going to come forward with a suitable and appropriate method that is going to be used and will lead to better results in driving the pile to that depth and forming the cofferdam around a deep excavation.

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