CIVIL LITIGATION AND DISPUTE RESOLUTION DURING URBAN TUNNEL CONSTRUCTION CAUSED BY PROPRIETY DAMAGE

Abstract

Tunnel construction has to interact with many complex variables, both in the design phase and in the construction phase, especially in urban areas with high population density. Thus, building a new metro line inevitably involves disputes. Even if companies have appropriate guarantees provided in the contract, the initiation of a claim normally involves a dispute, which can be resolved, through confrontation of the parties, or it can incur court proceedings. During the construction of Milan's new subway line, Metro Blu, a great deal of effort was devoted to the management of damage complaints, induced mainly during the excavation phases and beyond. Thanks to the effort and commitment of numerous insurance companies, which supported the contractors, damage claims were collected and managed, almost always in conjunction with construction. Some disputes have been settled; others have resulted in court disputes. Although the most frequent claims have been for damage to the existing building (fractures and deformations), some disputes have involved claims for damages in relation to property rights and compensation for property expropriation. The authors expose two cases history of recurring disputes involving the construction of the new subway line, with the aim of reflecting on the patterns of large-scale litigation.