Design/build solutions

Article Abstract:

A discussion of legal problems involved in design/build projects is presented. The basic difference of design/build from design/bid/build is that the design engineer is the contractor's ally and not of the owner. This relationship can lead to a change in the standard of care given by the building designer. The engineer is responsible only for exercising the degree of skill that the average design professional would employ. Contractors have to guarantee that the result of their services would be successful assuming that the building design is appropriate.

Project management, Civil engineering

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Paid-when-paid clauses

Article Abstract:

Paid-when-paid clauses generally involve payment from the owner to the general contractor prior to the payment from the general contractor to the subcontractor. A provision which forces the subcontractor to assume the risk that the owner will fail to pay the general contractor is considered as void and unenforceable. However, in the occasion that the provision fixes a time for payment and does not suspend the subcontractor's right to payment upon failure of the owner to pay, the general contractor does not violate public policy.

Subcontracting, Payment

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Who pays for defective design?

Article Abstract:

Routine circumstances, contract clauses or conduct may be used to determine who should be held accountable for defective building designs. Design/build contracts assume that the contractor is liable whether the problem is defective design or faulty construction. However, the building owner may be held liable if the information given to the contractor is erroneous and leads to a defective design. This situation is illustrated in the case between Pitt-Des Moines Inc and the US Navy and M A Mortensen Co against an Air Force base.

Analysis, Malpractice, Engineers, Liability for building accidents

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