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From page 41... ... NCHRP Project 10-77 41 CHAPTER 5: LEGAL ASPECTS OF AMG DATA The objective of this portion of the research is associated with Task 3: Identify any current legal barriers that may prevent the use of AMG processes, either by state transportation agencies or contractors, including electronic file use disclaimers, organized labor issues, and state statutes. Sources of information were obtained from the Internet, LexisNexis Legal database, the literature review, acquired agency DOT specifications, and the project's expert contract group. Read the entire page →
From page 42... ... NCHRP Project 10-77 42 warranty of the adequacy of the plans and specifications furnished by the owner is of immense importance to the contractor, and the breach of this warranty forms the basis of a large portion of contractor claims. The existence of an implied warranty regarding owner-furnished plans and specifications was recognized in United States v. Read the entire page →
From page 43... ... NCHRP Project 10-77 43 All parties agree that the ELECTRONIC DOCUMENTS are not, nor shall they be construed to be, a product or products. It is specifically agreed by the CONTRACTOR that there are no warranties of any kind in such ELECTRONIC DOCUMENTS or in the media in which they are contained, either expressed or implied, including any warranty of merchantability or warranty of fitness. Read the entire page →
From page 44... ... NCHRP Project 10-77 44 Article 1105.04 of the Standard Specifications shall apply with the additional clarification that information shown on the plans shall govern over the provided electronic data. This information shall not be considered a representation of actual conditions to be encountered during construction. Read the entire page →
From page 45... ... NCHRP Project 10-77 45 documents with actual field conditions of the project (which, under precedent law and most standard specifications, is requirement in the bidding stage) Read the entire page →
From page 46... ... NCHRP Project 10-77 46 • Approval and certification of design intent • Definition of design, engineering, and surveying • Responsible charge Approval and Certification of Design Intent As in traditional 2D project delivery, for the benefit of the public, engineering expertise is applied to contract documents before construction is implemented. Contract documents, specifically the drawings, must contain a professional "seal," indicating the professional's approval and application of sound engineering skill and knowledge in their development. Read the entire page →
From page 47... ... NCHRP Project 10-77 47 Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents are provided in Figure 5-7 (boldface added by the authors of this report) Read the entire page →
From page 48... ... NCHRP Project 10-77 48 the authors of this report) Read the entire page →
From page 49... ... NCHRP Project 10-77 49 A strikingly important phenomenon in the field of surveying is currently sweeping the nation. Some states are now requiring that a licensed engineer or surveyor be in responsible charge of "digital stakeouts" or 3D data models created for use in 3D machine control systems. Read the entire page →
From page 50... ... NCHRP Project 10-77 50 Figure 5-10. Professional engineer reports in a trade publication concerns about North Carolina's interpretation regarding DTM detailing (see Harry, 2007) Read the entire page →
From page 51... ... NCHRP Project 10-77 51 uniform when read in context of typical 2D construction project delivery. Violation of these rules could potentially result in loss of license and/or criminal charges. Read the entire page →
From page 52... ... NCHRP Project 10-77 52 Table 5-1. At What Contract Stage Should EED be Exchanged? Read the entire page →
From page 53... ... NCHRP Project 10-77 53 Table 5-4 reveals that agencies feel more exposure to liability because of sharing EED than contractors feel they should. Table 5-4. Read the entire page →
From page 54... ... NCHRP Project 10-77 54 Table 5-6. How Agencies Not Sharing EED Should Limit Liability Survey Question: If public works agencies elect to share EED with contractors to efficiently deliver projects and project quality, how should the agency's liability (for errors in the DTM) Read the entire page →
From page 55... ... NCHRP Project 10-77 55 Table 5-8. Agency Designers Concern with Liability from Sharing EED Survey Question: Is your design unit concerned about liability (for design errors) Read the entire page →
From page 56... ... NCHRP Project 10-77 56 Table 5-9. Search Engine Text String Generation Sample String: Liability Waiver + Construction + Contracts + Public Works + Enforceability Topic Discipline Subject Keyword Keyword Liability Waiver 1 Law 1 Contracts 1 Public Works 1 Enforceability 2 Construction 2 Intellectual property 2 DOT 2 Sharing 3 Transportation 3 Spearin 3 Electronic Data 3 4 Engineering 4 Design 4 Digital Data 4 5 5 Surveying 5 5 6 Highway Departments Once a significant quantity of literature was obtained from the text string keywords, the strings became less significant as a resource, because the discovered literature typically provided either additional references to explore and/or provided new search keywords from the documents themselves. Read the entire page →
From page 57... ... NCHRP Project 10-77 57 is used for defining, developing, designing, documenting, spatially locating, constructing, and historical recording." • The good news, according to our project surveys, is that despite the legal hurdles, those with AMG experience perceive that it improves the spirit of cooperation between the contract stakeholders, through improved constructability communications. The project surveys have also indicated that the perception of liability regarding the exchange of EED is quite low. Read the entire page →

From page 41...

... NCHRP Project 10-77 41 CHAPTER 5: LEGAL ASPECTS OF AMG DATA The objective of this portion of the research is associated with Task 3: Identify any current legal barriers that may prevent the use of AMG processes, either by state transportation agencies or contractors, including electronic file use disclaimers, organized labor issues, and state statutes. Sources of information were obtained from the Internet, LexisNexis Legal database, the literature review, acquired agency DOT specifications, and the project's expert contract group.