Engineer’s Liability Considerations in Specifying Corrugated High Density Polyethylene Pipe

Abstract

The engineer’s role in any design project is to design a project that meets the desired purpose, is constructible, and the health, safety, and welfare of the user is protected. Yet engineers do not always recognize the consequences of their designs. Civil engineering is a profession that holds life and death consequences. When engineers design a project, an error or mistake could result in property damage, personal injury, or death. Not understanding a product, while allowing its use, may equate to negligence if injury results. Not reading the product literature may also constitute negligence, should the product’s failure result in injury or damage. When products fail the engineer may be deemed the responsible party. Many engineers do not understand, or appreciate, the differences between reinforced concrete pipe (RCP) and high density polyethylene (HDPE) pipe and the potential for liability when specifying each product. Whereas RCP is a rigid structure that is designed, built, and tested as a structure before it arrives at the construction site, the “structure” of HDPE pipe is actually built and tested in the field. Hence, HDPE pipe is not an “approved equal” substitute for RCP. This paper reviews the critical aspects regarding the decision to specify corrugated HDPE pipe. Know the difference.