This paper examines the authors' experience of innovation in highway engineering and especially, expert witness commissions relating to third party liability claims which include allegations relating to the action of a road authority in effecting an innovative (or similarly, a non-standard) engineering solution. The objective of the paper is to provide practitioners with a greater understanding of innovation, and the courts viewpoint on innovative and non-standard solutions. The overriding aim is to counter a number of urban myths regarding the status of codes of practice and technical standards, and ultimately encourage practitioners to continue to be innovative in solving the many issues and pressures faced on a daily basis. It is only through trying things and being innovative that the industry as a whole will move forwards and be able to positively address the growing necessity of having to do more with less. This often means overcoming an ingrained generic fear of failure and a natural aversion to risk, with this largely being down to a fear of future implications (which may include legal proceedings). It is the authors opinion that a policy of continuing to do what we've always done, whilst providing comfort as a safety first approach, can unduly stifle the considerable talent present in the engineering profession today. (a) For the covering entry of this conference, please see ITRD abstract no. E217099.
Samenvatting