Robert J. Symon and Owen E. Salyers | BuildSmart Historically, the Boards of Contract Appeals and Courts have reviewed design-builders’ reliance on government-provided conceptual drawings or bridging documents in support of constructive change claims under a reasonableness standard (see M. A. Mortensen Company, ASBCA No. 39978, 93-3 BCA ¶ 26,189). However, in two recent cases, the Spearin doctrine… Continue reading Bidders Beware! Design-Builders Are at Risk Not Only for Defective Design Documents, But Possibly for Defective Bidding Documents, Too
Tag: Design-Builders
Federal Court Rules Contractor Is Not Intended Third-Party Beneficiary under Owner-Engineer Agreement
Amandeep Kahlon | Buildsmart | April 23, 2019 In March, a Massachusetts federal court addressed whether a design-builder contractor could recover for breach of contract under an intended third-party beneficiary theory against a design firm hired by the project owner to complete 30% designs. In Arco Ingenieros, S.A. DE C.V. v. CDM International Inc., a Salvadoran… Continue reading Federal Court Rules Contractor Is Not Intended Third-Party Beneficiary under Owner-Engineer Agreement
Can Design-Builders Rely on Owner Supplied Specifications…
Cade Laverty – July 8, 2013 Can design-builders rely on owner supplied specifications if the design-builder also has the requirement to conduct its own independent investigation on those same specified conditions; NOPE, says the Court of Federal Claims. In, Metcalf Constr. Co., Inc. v. United States, 107 Fed. Cl. 786 (Fed. Cl. 2012), a design-builder,… Continue reading Can Design-Builders Rely on Owner Supplied Specifications…