Close Menu
AGC NewsAGC News
  • Home
  • News
    • Advocacy
    • Economics
    • Energy & Environment
    • Infrastructure
    • Building
    • Procurement
    • Labor & HR
    • Safety & Health
    • Technology
    • Workforce Development
  • AGC Videos
  • Constructor Magazine
    • Digital Publications
    • Online Exclusives
    • Sponsored Content
  • ConstructorCast
  • News Releases
Latest News

AGC Tech Conference: Measuring A.I.’s Impact

May 30, 2025

Trump Administration Pauses Enforcement on Portions of the Mental Health Parity Rules

May 29, 2025

AGC Supports the Rollback of Beneficial Reporting Requirements under the Corporate Transparency Act; Urges President Trump to go further.

May 29, 2025
Facebook X (Twitter) Instagram
Facebook X (Twitter) Instagram
AGC NewsAGC News
  • Home
  • News
    • Advocacy
    • Economics
    • Energy & Environment
    • Infrastructure
    • Building
    • Procurement
    • Labor & HR
    • Safety & Health
    • Technology
    • Workforce Development
  • AGC Videos
  • Constructor Magazine
    • Digital Publications
    • Online Exclusives
    • Sponsored Content
  • ConstructorCast
  • News Releases
AGC NEWSLETTERS
AGC NewsAGC News
Home » NEW ConstructorCast Episode: Assessing Design-Build Risk
Construction Law

NEW ConstructorCast Episode: Assessing Design-Build Risk

July 13, 2022Updated:December 7, 2023No Comments2 Mins Read
Facebook Twitter LinkedIn Email
Share
Facebook Twitter LinkedIn Email

We have all heard the expression death by a thousand cuts.  Listen to the just-released AGC ConstructorCast and hear about a design-build construction project that had over 88,000 cuts. These cuts came in the form of owner comments on the contractor’s submittals that typically expressed an owner “preference” that was not necessarily a contractual requirement. Just trying to parse out the nature of the owner’s comments, the design-builder estimated it cost the company 49 person-years! Comments stating a preference were four times more likely than comments indicating something “non-compliant.”  Some ENR top 75 firms have left the design-build market amidst this “midlife crisis” of risk. 

More broadly, if you have ever wondered about the pros and cons of design-build and how builders are increasingly on the hook for design liability, you will want to listen to this podcast. This Constructorcast explains the Spearin Doctrine, which derives from the most famous U.S. Supreme Court case in construction law. The case established that design plans have an implied warranty to be buildable. 

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 on this podcast. Find out when and why contractors do not always bear the risk of design errors or omissions on a design-build project.  Co-hosted by AGC’s Vice President & Counsel of Risk Management Leah Pilconis and Brian Perlberg, Executive Director for ConsensusDocs & AGC’s Senior for Construction Law, this ConstructorCast podcast episode explains design-builders’ liability standard and discusses certain types of overreach by owners that merit pushback from design-builders. One listener commented, “no design-build contractor or engineer should miss this. It is an extraordinarily well-done podcast on design-build risk.”

Building ConstructorCast Federal/Heavy Highway Infrastructure Utility
Share. Facebook Twitter LinkedIn Email

Related News

AGC Supports the Rollback of Beneficial Reporting Requirements under the Corporate Transparency Act; Urges President Trump to go further.

May 29, 2025

SCOTUS Narrows the Scope of Environmental Review

May 29, 2025

Construction Jobs Increase In 184 Metro Areas Between April 2024 And April 2025

May 28, 2025

DOD and GSA Must Follow PLA Mandate for Now, Court Rules

May 27, 2025
Add A Comment
Leave A Reply Cancel Reply

Latest News

AGC Tech Conference: Measuring A.I.’s Impact

May 30, 2025

Trump Administration Pauses Enforcement on Portions of the Mental Health Parity Rules

May 29, 2025

AGC Supports the Rollback of Beneficial Reporting Requirements under the Corporate Transparency Act; Urges President Trump to go further.

May 29, 2025

Your source for AGC news. Find us on social media to learn more about the Associated General Contractors of America.

Connect with us:

Facebook X (Twitter) Instagram YouTube LinkedIn
© 2025 Associated General Contractors of America.
  • Home
  • AGC.org
  • Get In Touch
  • Convention
  • Notice of Permission to Use
  • Privacy Policy
  • Antitrust Policy

Type above and press Enter to search. Press Esc to cancel.