The Role of Real-Time Monitoring Systems and Smart Sensors in Mitigating Legal Disputes and Managing Geotechnical Risks in Urban Deep Excavations: A Comparative Forensic Engineering Analysis
The Role of Real-Time Monitoring Systems and Smart Sensors in Mitigating Legal Disputes and Managing Geotechnical Risks in Urban Deep Excavations: A Comparative Forensic Engineering Analysis
Morteza1
1) Assistant Professor, Department of Civil Engineering, Faculty of Engineering, Bu-Ali Sina University, Hamedan, Iran.
IOI Code
:
AAHE-ACZCHB
Publication :
National Conference on Civil Engineering, Design and Construction Technologies, Energy, Materials and Advanced Machinery(icaeu.ir)
Abstract :
Deep excavations in dense urban areas frequently lead to severe structural damage to adjacent buildings, triggering complex tort liability and civil litigation in judicial courts. In conventional forensic engineering practices, the lack of continuous, time-stamped empirical data at the onset of soil shear failure leaves judicial experts reliant on subjective post-failure reconstructions and discretionary fault apportionment. This research presents a comparative forensic analysis of four actual judicial excavation failure cases in Iran (Tehran-12, Isfahan, Tabriz, and Tehran-22), contrasting conventional forensic evaluations with a hypothetical scenario governed by real-time automated monitoring systems.
Integrating geotechnical instrumentation standards (ISO 18674-1 and BS 5975) and three-tier trigger thresholds (CIRIA C760) with civil liability doctrine—specifically Articles 328, 331, 332, and 333 of the Iranian Civil Code, alongside the legal evidentiary value of electronic data messages under Article 12 of the E-Commerce Law—this study demonstrates that real-time sensor telemetry fundamentally alters the course of litigation. The findings reveal that in three out of the four investigated cases, the deployment of IoT-based real-time sensors would have altered judicial rulings by establishing undeniable causal chains (causa causans), disproving unverified force majeure claims, and objectively quantifying comparative negligence. Ultimately, this paper proposes an institutional engineering-legal framework that transitions geotechnical monitoring data from auxiliary records into legally binding judicial evidence, thereby significantly curbing judicial delays and litigation risks in urban development projects.
Keywords : real time geotechnical monitoring smart sensors (iot) deep urban excavation civil liability forensic engineering judicial evidence trigger levels (ciria c760)