Basic question. Contractor traffic control plan not supported by MUTD or state standards..

[fulbright]

A contractor has submitted a lane closure plan that does not resemble any of the state standards, or anything in the MUTCD. I plan to reject it on that basis.

But this got me thinking.. What sort of repercussions could result if they were allowed to proceed? And if there were an auto accident - I assume adhearing to the MUTCD or state standards must absolve the owner and/or contractor from some liability in the even of an accident. It wouldn't preclude a subsequent lawsuit, but would it deter, say some type of neglegence on the part of the contractor, owner, or engineer?

Thanks!!

 

[bridgebuster]

You're correct in stating that following MUTCD or state standards won't preclude a lawsuit, even if you do everything by the book. What is the policy for the jurisdiction you're working in? I doubt it's not anything goes. In the event of a lawsuit, the plaintiff's attorney will first rely on the contract requirements, then the accepted standards, i.e. MUTCD, DOT.

Don't take a chance.

 

[fulbright]

Thanks for the reply. A contract SP specifically calls for a state standard lane closure. Modification will be necessary to meet the actual conditions, but the contractor's submittal was beyond reasonable conformity with the standards - hence the rejection. Technically they'd need a change order to remove or change the contract language requiring the state standards.

 

[ACtrafficengr]

The MUTCD does have a fair amount of latitude, but it's reasonable to require the contractor to document and justify any variance that isn't minimal and obviously appropriate.

Federal law requires traffic control on roads open to the public to comply with the MUTCD (as modified by the state-specific supplement or equivalent manual).

A few years back in my state, OSHA inspectors were handing out citations for shoddy TTC.

 

[fulbright]

Thanks.
Good point about OSHA. They've only shown up 1 of my jobs in 6 years, but fortunately they liked what they saw.