Here's a breakdown of what a dewatering clause typically covers:
Key Elements:
* Responsibility: It clearly defines who is responsible for dewatering – the contractor, the owner, or a separate dewatering specialist.
* Dewatering Methods: It outlines the acceptable methods and technologies for removing water. This could include well points, sumps, trenches, or other dewatering systems.
* Dewatering Schedule: It establishes a timeframe for completing the dewatering process, ensuring it doesn't delay the overall project.
* Cost Allocation: It specifies how the cost of dewatering will be allocated between the parties involved. This can include:
* Fixed Price: A set amount for the entire dewatering process.
* Cost-Plus: The contractor's actual dewatering costs, plus a predetermined markup.
* Shared Responsibility: Each party contributes to the dewatering costs based on their specific needs or usage.
* Environmental Impact: It may address the environmental implications of dewatering, such as:
* Discharge Permits: Ensuring compliance with local regulations for water discharge.
* Groundwater Protection: Measures to minimize impacts on surrounding groundwater resources.
* Dispute Resolution: It clarifies how disagreements about dewatering costs, methods, or schedules will be resolved.
Importance of a Dewatering Clause:
* Cost Control: It helps prevent unexpected and potentially costly dewatering expenses.
* Schedule Management: It ensures the dewatering process is completed efficiently, preventing delays in construction.
* Legal Protection: It provides a framework for resolving disputes and clarifies responsibilities, minimizing legal complications.
* Environmental Compliance: It encourages environmentally responsible dewatering practices.
Considerations:
* Site-Specific Conditions: The specific content of the dewatering clause should be tailored to the unique conditions of the construction project, considering factors like:
* The type of soil and groundwater levels.
* The proximity to nearby water bodies.
* The anticipated duration of the dewatering process.
* Negotiation: It is important to negotiate the dewatering clause carefully to ensure that the terms are fair and beneficial to all parties involved.
If you are involved in a construction project where dewatering is required, it is essential to review the dewatering clause in the contract thoroughly and understand its implications. Consulting with a construction lawyer or an experienced construction manager can be helpful in interpreting the clause and ensuring its effectiveness.