Public Contract Code Section 1104 Does Not Apply to Claims of Implied Breach of Warranty of Correctness of Plans and Specifications

Garret Murai | California Construction Law Blog It’s the classic tale of two cities. One city is occupied by architects and engineers. The other, by contractors. And while the cities typically co-exist relatively peacefully together, at times, they do not, such as when a defect arises that can either be a design or construction defect. Sometimes, project… Continue reading Public Contract Code Section 1104 Does Not Apply to Claims of Implied Breach of Warranty of Correctness of Plans and Specifications

Construction Termination Issues Part 5: What if You are the One that Wants to Quit?

Melissa Dewey Brumback | Construction Law in North Carolina Architects and Engineers are sometimes pleasantly surprised to find out that they, also, can terminate those crazy, hard to deal with Owners—at least, if the Owners fail to make payments as required. “It’s not you, it’s me!” (It’s you) You can also terminate for Owner delays… Continue reading Construction Termination Issues Part 5: What if You are the One that Wants to Quit?

The Design Liability Hot Potato: The Spectrum Between Collaboration and Delegated Design

Mark Stockman | Frantz Ward The Benefits of CollaborationIn today’s construction industry, it is no secret that there is always increasing pressure to speed up schedules and to keep costs down. One key factor that can help achieve these goals is to increase the coordination between the various stakeholders in the project so that all… Continue reading The Design Liability Hot Potato: The Spectrum Between Collaboration and Delegated Design

Delegated Design In A Design-Bid-Build Project Delivery Approach The Professional Liability Conundrum

David A. Pogorilich and Eric Brodfuehrer | Ankura Consulting Group The inclusion of “Delegated Design” scopes of work into the construction documents of a construction project blurs the roles of the design professional of record (DPR) and the constructor. The role of the DPR is to design and detail the project to define the expected… Continue reading Delegated Design In A Design-Bid-Build Project Delivery Approach The Professional Liability Conundrum

Construction Termination Part 3: When the Contractor is Firing the Owner

Melissa Dewey Brumback | Construction Law in North Carolina Last week we discussed an Owner terminating a Contractor “for cause”.  Today, it’s time for a 180:  what is your role as the architect when the Contractor is quitting? First, be aware that there are valid reasons for a contractor to quit within the contract itself. Most of… Continue reading Construction Termination Part 3: When the Contractor is Firing the Owner

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