Foundation Contracts And Law - Part -1: Relevan[i] Law

Foundations in any contract are the most uncertain parts of the contract and most of the "Construction-Contract-Disputes" are either directly related to foundations or arise as 'Side-effects of changes in promises related to foundations. Foundation Engineering is defined as ' The art of selection, designing and constructing the elements that transfer the weight of structure to the underlying Soil or Rock." (Ralph B. Perk). This art started becoming a science since 1920, when scientific efforts to determine the behaviour of sub-surface materials were made. The art and science merged to give new techniques and the science started dominating the field as more and more refinement came in techniques to predict more accurately the characteristics of the sub-surface elements. Inspite of good thorough investigations and design, the contractual promises drafted could leave some room for differences between the parties and above all the prudency expected of both the parties may fall short of the expectations raised in the contract. This may give rise to disputes which may need to be resolved as per principles of law. This paper attempts to initiate a dialogue amongst Foundations-Engineers and Contractors as to how do we minimise the differences arising out of or related to contracts concerning "Foundations".