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.
- 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?
David J. Hatem is a partner in the Boston-based law firm Donovan Hatem LLP. Nationally recognized for his expertise in representing engineers, architects and construction management professionals, David leads the firm’s Professional Practices Group which serves design professionals and has been practicing law for approximately 40 years and has served as ACEC/MA Counsel since 1988. In recognition of his extraordinary career dedicated to the engineering sector, David received the Engineering Center Education Trust 2016 “Leadership in Professional Practice Legal Services” award and the 2008 ACEC Distinguished Service Award. He teaches Legal Aspects of Engineering at Tufts University and Legal Aspects of Civil Engineering at Northeastern University Graduate School of Engineering. He has authored and edited numerous articles and publications in his field of expertise, including the third (2020) edition of Public-Private Partnerships and Design-Build: Opportunities and Risks for Consulting Engineers, Subsurface Conditions: Risk Management for Design and Construction Management Professionals, Design-Build Subsurface Projects, and Megaprojects: Challenges and Recommended Practices.