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

California Contractor Tests the Bounds of Job Order Contracting

Garret Murai | California Construction Law Blog Most contractors have heard of design-bid-build, design-build, construction manager at risk, and even public private partnerships, various project delivery methods, which, at their heart, focus on balancing the interests of the various parties involved in a construction project, from owners, to design professionals, to contractors. There’s one project… Continue reading California Contractor Tests the Bounds of Job Order Contracting

Two Wrongs Don’t Make a Right: Unlicensed Contractors Can Pursue Designers for Negligence

Anna-Bryce Hobson and Brian M. Rowlson | Buildsmart The North Carolina Court of Appeals recently determined that a builder who fails to comply with state licensing requirements may still pursue a negligence claim against design professionals. In Wright Construction Services, Inc. v. The Hard Art Studio, PLLC, the owner contracted with architecture firm Olive Architecture to… Continue reading Two Wrongs Don’t Make a Right: Unlicensed Contractors Can Pursue Designers for Negligence

Mechanic’s Liens For Design Professionals: A Powerful Payment Collection Tool

Christian Dewhurst and Timothy Fandrey | Gray Reed In these unprecedented times, every bit of revenue is critical to the continued operation of nearly every business operating within the construction industry. Fortunately, there are a myriad of remedies to aide collection efforts. Perhaps the most commonly discussed remedy is the mechanic’s lien provided by Chapter 53… Continue reading Mechanic’s Liens For Design Professionals: A Powerful Payment Collection Tool

The Designer’s Pre-bid Standard Of Care In A Design-Build Project

Joshua A. Morehouse | Peckar & Abrahmson Design-build continues to grow in popularity as a project delivery vehicle. Yet this popularity brings its own challenges. Design-build alters the traditional division of duties between designers, builders, and owners. Among the most obvious of these alterations is the transfer of the designer’s obligations from the owner to… Continue reading The Designer’s Pre-bid Standard Of Care In A Design-Build Project