Designing a Fair Standard of Care in Design Agreements

ConsensusDocs One of the concerns faced by construction companies is now design liability. Design liability concerns are not limited to just design-build projects. It is a hot-button issue for builders because the line between an architect’s responsibility to create sufficient design documents and a builder’s responsibility to execute the means, methods, and techniques is increasingly… Continue reading Designing a Fair Standard of Care in Design Agreements

Assessing Defective Design Liability on Federal Design-Build Projects

Dirk Haire, Adam Hamilton and Dana Molinari | Fox Rothschild A common misconception by many government officials is that a design-builder is always responsible for every design error or omission on a design-build project.  This article examines the actual liability standard applied by the courts and boards of contract appeals when a design defect arises… Continue reading Assessing Defective Design Liability on Federal Design-Build Projects

Design Liability and Right of Way Risk Allocation for Design-Build Projects

Nancy C. Smith, Rick E. Rayl and Donna Brady | Nossaman LLP | January 15, 2016 Design liability and right-of-way risk allocation are topics addressed in a legal research digest recently published by the Transportation Research Board’s National Cooperative Highway Research Program (NCHRP).  The report, which can be downloaded here [Liability of Design-Builders for Design, Construction,… Continue reading Design Liability and Right of Way Risk Allocation for Design-Build Projects

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