Legal Considerations for Implementing Braced Retaining Structures

Important Legal and Regulatory Notes

• If in a project the structural engineer prescribes a retaining structure for excavation stabilization, but its provision and execution are neglected, the liability of the supervising engineer and the contractor significantly increases in case of any injury or financial damage.

• If a retaining structure is provided but it does not comply with the approved design drawings, and this discrepancy is not approved by the structural engineer, the responsibility of the supervising engineer and contractor intensifies if any accidents occur.

Non-Compliance or Lack of Retaining Structure

• If the retaining structure is not provided or does not conform to the approved design, insurance companies may refuse to pay financial compensations related to the damage.

• Clearly, if the supervising engineer follows up properly to ensure correct implementation of the retaining structure and despite necessary measures the project suffers damage, such compensations can be covered by insurance companies, and the supervising engineer may not bear direct responsibility.

Source: General Guide for Supervising Engineers