Design-Build (“DB”) continues to progress as the delivery method of choice for many public owners – federal, state and local on infrastructure projects. Those owners find attractive the ability to (a) contract on a fixed price basis with a design builder who is responsible for both design and construction and (b) transfer substantial risk – traditionally retained by the owner – to that design-builder.
Many Design Builders respond to Owner DB RFPs with aggressive pricing proposal and sometimes unrealistic assumptions and expectations as to the details of (post-award) final design development details and construction cost.
What do these owner objectives and Design-Builder practices in DB procurement and contracting mean for the professional liability risk of consulting engineers engaged as (the “Consulting Engineer”) subconsultants to the Design-Builder?
That question and its answer will be the focus of this Webinar.
TAKEAWAYS:
- How price and risk allocation terms of a prime DB contract between the Owner and Design-Builder impact professional liability
- What are the principal areas of professional liability risk and claims for the Consulting Engineer in DB?
- What has been the professional liability claims experience for Consulting Engineers in DB?
- What are recommended contracting and other practices for Consulting Engineers to improve management of professional liability risk in DB?
Presenter: David Hatem, PC Partner, Donovan Hatem LLP
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