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

The Name of the Game in Design-Build Contracts? Document, Document, Document!

Michael McKenna and Timothy Ryan | Cohen Seglias Pallas Greenhall & Furman Design-build contracts (and their lesser utilized counterpart—engineering, procurement, and construction (EPC) contracts) are prevalent in the construction industry. Though far from a new contractual relationship, design-build contracts are increasingly chosen by owners in an attempt to reduce risks and costs. The design-build model… Continue reading The Name of the Game in Design-Build Contracts? Document, Document, Document!

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

Design-Build Contracting: Is The Shine Off The Apple?

John P. Ahlers | Ahlers Cressman & Sleight The design-build delivery method offers many benefits to owners. Among the cited benefits are that projects are generally completed faster, at a lower cost, by allowing innovative approaches through early and continual contractor involvement in the design process. The design contractor serves as a single point of… Continue reading Design-Build Contracting: Is The Shine Off The Apple?

Design-Build Lite – Construction Contracts with D-B Components

Colm Nelson | Ahead of Schedule For most in the industry, when we think about a standard construction contract, we envision the construction documents being drafted by the architect and other design consultants.  We tend to view the project as design-price-build, unless an alternative procurement mechanism has been selected such as design-build.  Consistent with this… Continue reading Design-Build Lite – Construction Contracts with D-B Components