January 20, 2021
Legal Regimes for Addressing the Risk of Third Party Claims
Unique Legal Risk for Pile Drivers: Understanding Liability
By Jay Houghton, Seyfarth Shaw LLP
(Originally published in PileDriver magazine, Issue #6 - 2020)
Pile driving presents a unique set of legal risks. The uniqueness of those risks stems from two aspects of pile driving: (1) the geotechnical properties of each project site are unique to the project location; and (2) the effects of pile driving activity can sometimes impact the project's other construction activities and its surroundings.
Effectively managing the inherent third-party risks of pile driving begins with understanding the legal framework of third-party claims, which varies greatly from state to state (and, sometimes, county to county). This article will briefly analyze the legal landscape of third-party liability for pile drivers and outline how they must be factored into an effective risk management strategy.
As mentioned above, each state approaches the issue of liability in its own way, but they generally do so within one of three general frameworks. The most draconian approach to third party risks is one in which pile driving is classified, by default, as an ultra-hazardous activity similar to blasting with explosives. Louisiana, for instance, applies this doctrine of strict liability...CLICK HERE to continue reading in PileDriver magazine.
Pile Driving Contractors Association
Pile Driving Contractors Association
January 14, 2021
Gourgues, Moore Enact Ceremonial Gavel Exchange During Virtual Strategic Planning Meeting
Board of Directors participates in annual exercise through web conference
The annual Strategic Planning Meeting of the PDCA Executive Committee and Board was conducted through the
Zoom platform over the course of two days in January 2021.
The organizational leadership set an ambitious agenda to pursue over the next twelve months which included new member development, expanded educational offerings (live, virtual, archived), and continued strengthening of the standing committees. President
Kevin Gourgues (pictured, left) conducted the business of the assembly which included participating Board members from throughout the United States who attended virtually.
In addition to the regular business of the Board, the leadership addressed the results of a comprehensive Member survey which was conducted in the fall of 2020, discussed standing committee priorities and directed staff on carrying out portions of the member growth and expanded resources agenda.
The virtual platform enabled attendees to convene in small group sessions for brainstorming and other exercises. It also accommodated formal votes by the Board during the business portion of event. While consensus of PDCA is that a live meeting is preferable, ongoing health concerns necessitated that the event be held remotely. Participants indicated that the time spent was productive in advancing organizational obligations and goals.
As is customary during the annual PDCA Strategic Planning Meeting, Past President
Jason Moore ceremoniously passed the gavel to President
Kevin Gourgues. Vice President
Brian Heck (pictured below) was in attendance as well. The three
PDCA Executive Committee members participated in the event from the PDCA offices in Orange Park, Florida where the web conference originated.
Pile Driving Contractors Association
Pile Driving Contractors Association
January 8, 2021
(Pictured, L-R: Peggy Hagerty-Duffy of ADSC, Theresa Engler of DFI, Frank Peters of PDCA)
Working Platforms - Recommended Industry Practices
A collaboration of deep foundations industry partnters ADSC, DFI and PDCA
The industry-wide Working Platforms Working Group (WPWG), a collaboration of ADSC, Deep Foundations Institute (DFI), and the Pile Driving Contractors Association (PDCA), announces that the newly published Recommended Industry Practices for Safe Working Platforms for Construction Equipment guide is now available. This document is the product of several years of work and input from individuals and companies representing all facets of the foundation construction arena,
including safety specialists, contractors, engineers, and equipment manufacturers and suppliers. The purpose of the document is to present an administrative procedure to institutionalize a straightforward method that ensures safe Working Platforms are in place for foundation construction equipment. This document also serves as a suggested framework by which allocation of responsibility can be communicated and determined long before work is performed on the job site.
PDCA extends its sincerest appreciation to the Working Platforms Working Group for their dedication, time, and effort, to produce this essential document. Their efforts will help make the deep foundation industry a safer place to work.
We also thank our partners, ADSC and DFI, for the significant contributions and support. It is genuinely appreciated.
PDCA members can download this vital publication from The PDCA Store free of charge. Click here to visit The PDCA Store, or click the image on your screen that depicts the guide book Please contact the PDCA office if you need any assistance logging into the website.
Pile Driving Contractors Association
Pile Driving Contractors Association