Legal Risk Assessment Model for Minimizing Risks in Reusing Concrete Elements

The construction industry is a major contributor to global climate change, particularly through concrete production. Reuse of construction products, in general, and concrete elements, in particular, has the potential to promote resource efficiency and to reduce CO2 emissions. Besides its advantages, this method is also associated with risks for all parties involved in a construction project. One of the factors hindering reuse pertains to legal considerations. The authors analyzed the legal basis for reusing concrete elements and reviewed legislation, policy, and the research literature with the systematic content analysis (SCA) method. The authors furthermore analyzed the legal situation under German law with regard to liability and burden of proof in projects in which concrete elements should be reused and developed a legal risk assessment model. The conclusion is that reuse of concrete elements can be increased by enhancing the awareness of project stakeholders regarding its legal risks. This enhancement in awareness should be accompanied by the development of skills to assess these risks and the acquisition of knowledge about potential limitations of liability. The paper provides a foundation for conducting an individual risk analysis according to German law and offers recommendations for behaviors that are deemed to be low-risk.