TABLE OF CONTENTS The rights and duties of those contracting under traditional project delivery methods shaped by years of judicial precedent and practical experience are relatively well defined and predictable. The same cannot be said for the rights and responsibilities of those participating in the design-build process. Although the design-build concept dates back thousands of years, it is a relative newcomer to the modern construction world. Consequently, the construction industry and the court system are still in the process of determining what is expected from parties to design-build contracts.
Additionally, given the realities of the design-build market, it is likely that design-build liability will remain a work in process for the foreseeable future. This is due largely to the fact that
Standard form design-build contracts have been in use for only a short time, resulting in few cases interpreting this type of contract language.
Most design-build contracts resolve disputes through processes other than litigation, which results in few reported decisions describing liability.
There is a comparatively small incidence of conflicts and disputes between parties to a design-build contract.
Consequently, cases that do address design-build issues are frequently ones of first impression, in which decisions are typically based on general construction law principles and commentary from design-build experts.
Despite the absence of extensive judicial precedent specifically addressing design-build liability, enough information is available to provide strong indications of the most fertile areas for potential problems. This chapter reviews the most critical problem areas, such as the design-builder s single point of responsibility and the liability...
