Who’s on the hook for design defects in design-build projects? It may not always be who you think. In this episode, Dirk Haire, co-chair of Fox Rothschild’s Construction Law Practice Group, and David Hecker, group general counsel overseeing all claims, litigation, and investigations for Kiewit Corporation, share their wealth of knowledge on design-build risk. Find out when and why contractors do not always bear the risk of design errors or omissions on a design-build project. This episode explains design-builders’ liability standard and discusses certain types of overreach by owners that merit pushback from design-builders.
This podcast episode will help you:
1. Understand the differences between design and performance specifications and how they may govern design liability on a design-build project.
2. Determine when the Spearin Doctrine applies to design-build contracts.
3. Identify cases where a design-builder has received equitable adjustment for defect designs, as well as examples of cases where the design-builder incurred liability for design.
4. Learn how contracting officers’ actions and federal contracting rules and regulations can dramatically raise a design-builder’s risk exposure.
Guests:
Dirk Haire, Fox Rothschild LLP – www.foxrothschild.com/
David Hecker, Kiewit Corporation – www.kiewit.com/
Brian Perlberg (co-host), AGC of America – www.agc.org/contract
Resources:
AGC 2022 Convention Slides – www.agc.org/sites/default/files…0853.1)-C%20(1).pdf
AGC Article — Unfair Risk Allocation on Design-Build Project: www.agc.org/news/2022/05/23/unf…sign-build-projects
AGC Article — When is the Price Right? Setting the GMP for Design-Build: www.agc.org/news/2022/06/27/whe…ng-gmp-design-build
AGC design-build page — www.agc.org/design-build