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| Contributors | |
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| Acknowledgments | |
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| Introduction | |
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| Client-Consultant Selection | |
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| Introduction | |
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| What Clients Should Look for in a Consultant | |
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| What Consultants Should Look for in a Client | |
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| The Consultant Selection Process | |
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| The Problem with Competitive Fee Bidding | |
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| An Analysis and Comparison of the Maryland and Florida Procurement Systems | |
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| Conclusion | |
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| The Professional Services Agreement | |
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| Introduction | |
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| The Contract (The Who, What, When, and How Much) | |
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| Terms and Conditions | |
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| Risk and Reward | |
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| Engineering Services During Construction | |
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| Conclusion | |
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| Subsurface Investigations and Geotechnical Report Preparation | |
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| Introduction | |
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| The Challenge of Subsurface Construction | |
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| Background | |
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| Subsurface Investigations | |
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| Geotechnical Data Report | |
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| Geotechnical Interpretation | |
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| Geotechnical Interpretive Report | |
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| Information Dissemination | |
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| Geotechnical Design Summary Report | |
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| Geotechnical Baseline Report | |
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| Conclusion | |
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| Preparation of Contract Documents for Subsurface Projects | |
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| Introduction | |
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| Preliminary Considerations | |
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| Identifying, Assessing, and Allocating Risk | |
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| Translating Risk Allocation Decisions into Contract Document Provisions | |
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| Risk Management Implications for the Professional Involved in the Preparation of Contract Documents | |
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| Design-Build Issues | |
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| Conclusion | |
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| Risk Management Considerations for Complex Subsurface Projects | |
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| Introduction | |
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| Definition of a Complex Subsurface Project | |
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| Project Phases | |
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| Project Players | |
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| Sources of Uncertainty/Risk | |
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| Environmental Constraints/Impacts | |
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| Management Enhancements | |
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| STEPS Approach to Risk Management | |
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| Conclusion | |
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| Engineers' Involvement in Construction Means and Methods on Subsurface Projects | |
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| Introduction | |
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| The Customary Construction Roles | |
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| Construction Means and Methods in Design Engineering | |
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| Distinctions of Subsurface Engineering | |
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| Special Subsurface Construction Problems | |
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| Suggested Approaches to Managing the Risks | |
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| Health and Safety Issues | |
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| Engineers' Expanded Responsibility for Construction Means and Methods | |
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| Design of Means and Methods on Behalf of the Contractor | |
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| Conclusion | |
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| Risk Management Considerations for Engineers Engaged by Contractors on Subsurface Projects | |
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| Introduction | |
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| Overview | |
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| Consulting Engineering Services to Contractors | |
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| The Nature of Services for Contractors | |
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| Contractor Expectations of Engineers | |
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| Engineers' Expectations of Contractors | |
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| Risks to Engineers | |
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| Conflict of Interest | |
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| Risk Management Strategies | |
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| Conclusion | |
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| Role of the Professional Consultant in the Evaluation of Differing Site Conditions Claims | |
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| Introduction | |
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| The Differing Site Conditions Clause | |
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| The Professional Consultant's Role in the Investigation and Evaluation of Differing Site Conditions Claims | |
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| Conclusion | |
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| Dispute Resolution Mechanisms for Differing Site Conditions Claims | |
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| Introduction | |
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| Risk Allocation on Subsurface Projects | |
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| Dispute Resolution Processes | |
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| Dispute Review Boards | |
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| Conclusion | |
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| Professional Liability and Risk Allocation/Management Considerations for Design and Construction Management Professionals Involved in Subsurface Projects | |
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| Introduction | |
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| Professional Liability of Design and Construction Management Professionals: Basic Principles | |
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| Liability to Client | |
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| Contract-Based Liability | |
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| Negligence-Based Liability | |
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| Liability to Non-Clients | |
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| Negligence-Based Liability | |
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| Negligent Misrepresentation | |
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| Professional Liability of Design and Construction Management Professionals: Specific Context of Subsurface Projects | |
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| Risk Allocation Principles for Site Conditions | |
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| Contractual Risk Allocation--Subsurface Conditions | |
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| Design-Bid-Build Subsurface Projects: Risk Allocation Principles for Design Adequacy and Construction Means and Methods | |
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| Traditional Risk Allocation for Design Adequacy and Construction Means and Methods | |
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| Design Adequacy--Risk Allocation | |
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| Construction Means and Methods--Risk Allocation | |
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| Reallocation of Risk for (a) Design Adequacy and (b) Construction Means and Methods | |
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| Reallocation of Risk for Design Adequacy | |
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| Reallocation of Risk for Construction Means and Methods | |
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| Application of Risk Allocation Principles for Design Adequacy in the Specific Context of Subsurface Conditions | |
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| Design-Build Subsurface Projects: Risk Allocation Principles and Professional Liability Risk | |
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| Professional Standard of Care--Warranty Liability | |
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| Owner Involvement in Design of Design-Build Projects | |
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| Professional Liability Risk During Construction Phase | |
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| "Bridging": Professional Liability Implications | |
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| Design Professional as Owner's Consultant | |
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| Design Professional as Part of the Design-Build Team | |
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| Professional Liability Risk--Site Conditions | |
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| Relationship of Risk Allocation for Subsurface Conditions Between Owner and Contractor to Risk of Professional Liability | |
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| Professional Liability Claims in the Specific Context of Subsurface Projects | |
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| Recommendations for Managing the Risk of Professional Liability on Subsurface Projects | |
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| Clear and Adequate Scope Definition | |
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| Standard of Care and Indemnification | |
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| Risk Identification and Fair Allocation | |
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| Definition and Allocation of Roles and Responsibilities Regarding Design and Construction Means and Methods | |
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| The Baseline Approach and Construction Means and Methods | |
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| Third Party--Liability | |
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| Conclusion | |
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| Insurance for Subsurface Projects | |
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| Introduction | |
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| Relationship of Contracts to Insurance | |
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| Types of Insurance Coverage | |
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| Professional Liability Insurance | |
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| Commercial General Liability Insurance | |
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| Excess/Umbrella Liability Insurance | |
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| Builder's Risk Insurance | |
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| Construction Equipment Insurance | |
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| Workers' Compensation and Employer's Liability | |
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| Contractors' Operations and Professional Services Environmental Insurance | |
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| Design-Build Risk and Insurance Issues | |
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| Specimen Insurance Article--Prime Contract | |
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| Wrap-Up Insurance Programs | |
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| Conclusion--Key Insurance/Liability Issues on Projects | |
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| Appendix to Chapter 10 | |
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| Index | |