Law of unintended consequences

Dave Siciliano

Final Approach
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Dave Siciliano
Long post--not flying related.

The law of unintended consequences: how to build an underground wall for four times the cost of building one above grade.

It seems I have been caught again in a trap by very well meaning, highly competent professionals that have designed something for the worst case, where the implementation of what has been designed may be worse than doing nothing!!!

In the way of background, I develop single family subdivisions and have to work through a maze of city rules, other regulatory laws and regulations and regularly have to employ professionals such as engineers, architects, environmental specialists (who are usually engineers), geotechnical folks (who are engineers), accountants and attorneys.

In the case in point, I have some lots backing up near a creek. In some cases, some lots will be filled to be four feet above current grade level; in most places, the existing grade will suffice. There is a creek where the bottom is 60 feet or more from the back of the lots. We thought it would be fairly simple to put retaining walls along the back of the lots that will be raised and that would be it; then, my engineer advised me to have a slope stability study done so the walls could be properly engineered. There are expansive soils in this area and the engineer thinks we may want to put a little larger wall in to compensate for possible erosion and slope instability (expansive, clayey soils). So, the professionals take over.

Next thing I know, I’m putting six to ten foot walls in (mostly underground) to provide for possible soil erosion. First underground wall I’ve ever been asked to build. Then, someone calls a hydrologist— well, guess what; he can’t guarantee the creek won’t move. So I call and have this anal conversation about why in the world I would design to provide for the remote instance the creek could move, and even if it did, it would do it in one place— it would not be for the entire length of the wall!! Well, he says, I can’t guarantee it won’t move there, so, you need to design for it. I tell him the earth’s surface can shift too, and I don’t design for that!! (Hummm he says contemplatively, maybe we need to add that into our calculations.) So the rule of supervising engineers: the longer the engineer contemplates, the more complex, and expensive the solution will be. They never seem to find simple solutions after deep, long thought!!

Anyway, then the city engineer gets his 2 cents worth in and stipulates that over time, the grade of the slope will eventually reach 4 to 1 (a 25% grade to non-engineers) through erosion. Several cities have had wall failures, so, now everyone should design to this standard! This said while pontificating from behind a desk with no provision for inspecting actual conditions in the field. Of course the engineer recommends to that august law making body called city council and they memorialize this requirement through the passage of a city ordinance. Now I understand David Henry Thoreaus thoughts about: It is not desirable to cultivate a respect for the law, so much as for the right. Now a variance will be needed from the law if the design is to be modified.


Well the area behind where the wall will go is full of mature vegetation which includes 60 to 70 foot very desirable trees. The slopes are greater than 4 to 1, but there is a lot of very stable vegetation in the area holding the soil and it’s been this way a LONG time!!

So, my engineer tells the geologist, he must consider 4 to 1 even though that’s not existing conditions. The geologist tells the structural engineer designing the wall that the soils will not be as stable as present conditions, so, the structural engineer requires a bigger wall (deeper) and now that the creek might move, the wall bottom needs to be at the same level as the current bottom-of-creek!! Down over 12 feet from the current grade level. And, if the creek gets over there, it could undermine the wall; so, piers need to be sunk from the bottom of the wall to bedrock which is located another 13 to 30 feet below the wall (actually, the bottom of the pier needs to be four feet into the bedrock) So, now we are effectively building an underground dam!!!!!!

Now, I call the wall contractor and piering company. Of course, a ditch will have to be dug down to the bottom of where the wall will be. That’s over 12 feet in places. Then, a piering machine will have to get in the bottom of the ditch to drill the piers. The machine is eight feet wide, so the ditch must be wider. Then, the piering machine will need a place to put dirt after it bores the 24 inch in diameter holes. The machine can only go forward; no reverse, so this dirt will have to be removed before the next hole can be dug and guess what, they want a truck to be able to go side-by-side next to the piering machine which now makes the hole over 20 feet wide.

Well, digging a hole this wide will destroy all the trees and natural vegetation behind the lots. It will also remove stabilized soil that will maintain the back of the wall and stop the creek from moving over.

So, as a consequence of very well intentioned people trying to provide a retaining wall to provide stability for the back of future lots, all current natural vegetation and trees will have to be removed at great expense and a project is created analogous to the ‘big dig’ in Boston.

So, when well meaning professionals design to standards that eliminate all possible future risk by each relying upon the recommendations of another professional without examining actual field conditions; each engineers eliminates self risk by making a critical assumption that has not been verified and with each set of assumptions the complexity of the project increases (which in itself creates risk) in a proportion to the square of the number of professionals involved times the number of assumptions relied upon. What nature has done to prevent that risk for hundreds of years doesn’t matter.

Thus the law of unintended consequences: New requirements will be promulgated that will require a project to be built today that would be much less expensive and damaging if that project was left to be addressed in the future. In other words, since no one knows if the creek will move, and if it does move, when that will be, the professionals would have us install something today that will address every possible adverse outcome when funds could better be set aside to much more effectively address the issue in the future, if needed at all, at a much more reasonable cost.

Best,

Dave
 
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Holy Matilda, Dave . . . that is just nuts. I have a friend that designs and builds beautiful $750K one-off spec houses, and when I hear all the stuff he goes through - well, I just don't see how you guys keep from going insane. Absolutely in-flippin'-sane. Sheesh.
 
Wow we all have a time when a good vent is needed; we hear you Dave.
The CYA thing you mention is what guides so many things in our lives now.

Hey that creek must have other structures on its banks somewhere else (or some other creek in the same municipality)? Did they have to build an underground G.W. of China to get approval? (or are they grandfathered? - ugh)

why not just hand onto the land for a while til it appreciates and let someone else develop it?
 
Thanks guys. I didn't really add the last part to all of this. In the end, I asked my engineer what would happen if we did nothing. They really couldn't answer that: the creek could move, but they didn't know if it would. The creek probably would erode, but they couldn't quantify the time period.

So, I'm supposed to build underground wall, just in case. Think I'll change my avitar--The Great (underground) Wall Builder!

Dave
 
My goodness, Dave!!

I think it's time those lots get re-plotted as the community park... with a nice path between gorgeous 60' trees and a meandering creek...

That will solve your problem and drive up the value of the other lots. And, no wall to build!
 
Well Troy, using current reasoning, I'm sure the engineers couldn't guarantee the creek won't eventually move the dept of another lot over time and erosion couldn't affect those lots.

Where does it end? If there was erosion along the creek, shouldn't an owner along a creek understand it's a powerful, natural force and that in return for the benefit of living in that enviorment there is a possible risk? These are deep lots for a city subdivision, 45' from the back of the house. Erosion would affect a part of the back yard; a 4 to 1 slope could go maybe ten feet into a yard, if it occurred, it would be over a period of many years--longer than the term of a mortgage. We were going to put in walls three or four feet down just to be extra cautious. Now I'm building Great Walls underground.

Dave
 
Dave Siciliano said:
shouldn't an owner along a creek understand it's a powerful, natural force and that in return for the benefit of living in that enviorment there is a possible risk?

Cuuuummmm-onn Dave! That would require common sense and acceptance of Personal Responsibility!!! Can't do that -no-oo-oo!
 
Let'sgoflying! said:
Cuuuummmm-onn Dave! That would require common sense and acceptance of Personal Responsibility!!! Can't do that -no-oo-oo!

Yes, thanks......don't know what I could have been thinking.

Builder of Great Underground Wall.
 
Dave:

Plano? Frisco?

Nuts, I say.

Common sense: Sometimes, it ain't so common!
 
Uhhh location is just a bit sensitive until I get through an approval process.

Builder of the Great (underground) Wall.
 
Dave Siciliano said:
So the rule of supervising engineers: the longer the engineer contemplates, the more complex, and expensive the solution will be. They never seem to find simple solutions after deep, long thought!!
Ouch. That hits close to home. Think I'll have to print it out and hang it on my cubicle wall :rofl:

It isn't so bad on hardware designs: you know your parts tolerances are +/- x%, do the math on the whole system, done. Guess your guys are having a hard time computing the "tolerance" of that creek!

It could be worse. You could be Dell having to recall > 4M laptop batteries :eek:


-Rich
 
What happens if the diggers find indian bones where the wall needs to go?
 
We have several acres that border a creek. Erosion over the last 25 years has been a problem for the neighbor. It seems to me that it happens so slowly that when the creek changes course, all you have to do is get a tractor in the creekbed with something to drag, and give the creek a better path to flow. The neighbor did this for 25 years and although it can be a hassle, it's nothing that needs underground walls. Besides my theory is that every coupla' years, a little less lawn to mow isn't such a big deal.
 
Michael said:
What happens if the diggers find indian bones where the wall needs to go?

P L E A S E!

We're dealing with 'nough! Actually, they would probably be visible along the creek somewhere. Seldom is there no surface clue around an area like this, but it could occur. Indians would probably not be a huge issue; an unmarked grave with living heirs could be quite the issue. Usually, notify the family and have the grave moved. Now a graveyard, could be a real issue.

Best,

Dave
 
michael Killacky said:
We have several acres that border a creek. Erosion over the last 25 years has been a problem for the neighbor. It seems to me that it happens so slowly that when the creek changes course, all you have to do is get a tractor in the creekbed with something to drag, and give the creek a better path to flow. The neighbor did this for 25 years and although it can be a hassle, it's nothing that needs underground walls. Besides my theory is that every coupla' years, a little less lawn to mow isn't such a big deal.

There is little or no issue with someone like you; you are used to self sufficiency and wouldn't put something next to the creek that could be damages. City folks can be different!

Best,

Dave
 
Dave,

Wouldn't it be cheaper to knock $30k of the price of each affected lot and make the purchaser sign a R&HH? Or now you're so deep the city won't let that fly?



As a project manager for construction projects I run into this type of crap all the time. I had to build a water treatment lagoon last summer, the design had to be certified by several different flavors of engineers and then approved by the Department of Natural Resources and the Fed EPA.

$2MM later our $1MM project was completed.

We had to move out 100,000 yards of unacceptable soils due to sand lenses and bring in 100,000 yards of clay and bentonite.

*&#!!#@&(

We also have to build manure storage bunkers for our projects. In some cases 80,000 sq. ft. with 10" concrete floors and 16ft tall x 14"wide concrete walls. All certified by engineers. You get the floor poured and 2 cylinder breaks don't pass. Bring in the saws and jack hammers.

&*%$!&)(@



James Dean
 
Dave Siciliano said:
There is little or no issue with someone like you; you are used to self sufficiency and wouldn't put something next to the creek that could be damages. City folks can be different!

Dave, if I were you I think I'd fight this all the way to a court. I've seen similar nonsense at the local government level more than once. The attitude that a builder or developer must provide for all possible contingencies is ludicrous but all too common. The problem is some folks in these positions have no domain knowlege or common sense yet want to tell everyone else how things should be done and there's nothing preventing them from making outrageous demands except the poor developer or permit applicant. The reality is that legally they cannot require you to do anything not spelled out in their ordinances and the ordinances themselves have to have some factual scientific basis to hold up in court. Does a house have to be designed so that it can't possibly burn? Does the city build roads and water/sewer lines to last forever and handle the greatest possible loads and flows? No, they set reasonable standards and follow them and that's what should be applied in your development. Just the environmental damage of removing a stand of viable trees should easily outweigh the "need" to install a wall to cover an unlikely future issue. Let someone put the wall in when it becomes apparent that it's accually needed, if that ever happens.

For the past 9 years I've been a board member of a group that regulates development WRT stormwater and ecological issues and at times it's been a fight to keep some of the more zealous members aware of the consequences of their actions. Fortunately our counsel and our engineers are very much on my side most of the time.

BTW, good luck fighting city hall. BTDT (and won).
 
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James_Dean said:
Dave,

Wouldn't it be cheaper to knock $30k of the price of each affected lot and make the purchaser sign a R&HH? Or now you're so deep the city won't let that fly?



As a project manager for construction projects I run into this type of crap all the time. I had to build a water treatment lagoon last summer, the design had to be certified by several different flavors of engineers and then approved by the Department of Natural Resources and the Fed EPA.

$2MM later our $1MM project was completed.

We had to move out 100,000 yards of unacceptable soils due to sand lenses and bring in 100,000 yards of clay and bentonite.

*&#!!#@&(

We also have to build manure storage bunkers for our projects. In some cases 80,000 sq. ft. with 10" concrete floors and 16ft tall x 14"wide concrete walls. All certified by engineers. You get the floor poured and 2 cylinder breaks don't pass. Bring in the saws and jack hammers.

&*%$!&)(@



James Dean

Thanks James:

First thing I had to do was get my OWN professionals to understand the ramifications of their recommendations to ME--which I believe I have now done. I'm meeting the city engineer tomorrow on the site and the track we will take is how this arbitrary city imposed standard will cause the removal of all this highly desirable greenscape and stable soil.

It's always better to get the cop to skip writing the ticket if you can; if that doesn't work, then you prepare for the court fight. ;)

Best,

Dave
 
Dave Siciliano said:
Thanks James:

First thing I had to do was get my OWN professionals to understand the ramifications of their recommendations to ME--which I believe I have now done.

Dave

Man, you said it. I've gotten into gads of trouble by not being very specific with my desired outcome.

It's almost like they get paid by the hour. :p :dunno:

More problems = more hours.


:mad: = :wineglass: = :D:rofl::goofy:= :drink::drink: = :vomit: = :mad:



James Dean
 
Dave Siciliano said:
I'm meeting the city engineer tomorrow on the site

Whatever you do, don't bring up the subject of continental drift!

Dan
 
lancefisher said:
Dave, if I were you I think I'd fight this all the way to a court. I've seen similar nonsense at the local government level more than once. The attitude that a builder or developer must provide for all possible contingencies is ludicrous but all too common. The problem is some folks in these positions have no domain knowlege or common sense yet want to tell everyone else how things should be done and there's nothing preventing them from making outrageous demands except the poor developer or permit applicant. The reality is that legally they cannot require you to do anything not spelled out in their ordinances and the ordinances themselves have to have some factual scientific basis to hold up in court. Does a house have to be designed so that it can't possibly burn? Does the city build roads and water/sewer lines to last forever and handle the greatest possible loads and flows? No, they set reasonable standards and follow them and that's what should be applied in your development. Just the environmental damage of removing a stand of viable trees should easily outweigh the "need" to install a wall to cover an unlikely future issue. Let someone put the wall in when it becomes apparent that it's accually needed, if that ever happens.

For the past 9 years I've been a board member of a group that regulates development WRT stormwater and ecological issues and at times it's been a fight to keep some of the more zealous members aware of the consequences of their actions. Fortunately our counsel and our engineers are very much on my side most of the time.

BTW, good luck fighting city hall. BTDT (and won).

Thanks Lance!
Couldn't agree with you more. When all you have is a hammer..you know the rest. City councils pass ordinaces and most council members just don't seem to feel they are productive if they are not legislating. We all know that cities have a very difficult time hiring and keeping top level professional, so Napoloen's quote that: When small men attempt great enterprises, they always end by reducing them to the level of their mediocrity seems to apply here. Rather than deferring to a more qualified professional, some folks press the issue and we wind up with a solution that is completely inappropriate.

Well see. Let's see if staff grasps the issue first. If not, we will turn to leadership having fully documented the action in the meantime. Once again as Napoleon said: never interrupt your enemy when they are making a mistake.

Problem is, if we sue, we change businesses: instead of developers, we become litigators. Our project stops and getting future approvals can be very difficult. We lose out clients--the homebuilders that need the inventory. We've found it better to appeal to leadership if possible. If not, document everything, prove we had no choice, get past critical points, then turn to the attorneys.

Best,

Dave
 
Hey I'm just happy that its engineers and not lawyers that are getting the bad rap inn this thread whew:rolleyes: . Seriously Dave I know it can be a bear I'm working on a simple lot line change and the engineers have so over thought the contigincies it makes ya wonder. Sometimes I find a good sitdown lunch with the Township engineer does wonders or a cup o joe at the site has helped me in the past too. Nothing like actually seeing the situation huh?
 
I can't help but think the municipality is trying to sideslip all liability to Dave. And if he should actually go ahead with the new, improved wall, might as well as get Army Corps on speed dial right now. And then you would still be liable for potential of changing the river's course downstream sometime into the future.

I would strongly push for the variance and/or establish a new setback for those adjacent lots. Make 'em Section 8 and get a charge back. Or just pour rip rap during the dead of night a la Chi's King Dalely but plead ignorance.:dunno:
 
We had a preliminary meeting with one of the city engineers; he did show flexibility. Now, it's up to us to show him alternatives. They will approve the plans as they are and we will see if we can get everyone to agree on the new scope over the next week or two. Meantime, we are reviewing job bids.

Best,

Dave
 
Dave Siciliano said:
Problem is, if we sue, we change businesses: instead of developers, we become litigators. Our project stops and getting future approvals can be very difficult. We lose out clients--the homebuilders that need the inventory. We've found it better to appeal to leadership if possible. If not, document everything, prove we had no choice, get past critical points, then turn to the attorneys.

Oh, I thoroughly agree with that. The courts are a last resort and like you said, even if you win there may be some residual grudges. OTOH, I know that if the city staff and politicans belive you have the conviction to take something all the way, they may be better movitated to work out a reasonable compromise as long as you appear to be cooperative.
 
Oh! They have figured out we are willing to take something "all the way" as the football announcer says. Looks like we may get this worked out in the field, which is best for all. We're not sure yet, but at least our plans are stamped and we're in the bidding process.

Best,

Dave
 
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