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Seven Legal Issues Unique to Design-Build

Seven Legal Issues Unique to Design-Build 2025

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The article discusses seven unique legal issues associated with the design-build project delivery method, contrasting it with traditional design-bid-build projects. Key issues include the relationships among parties, the standard of care for design professionals, performance warranties, entitlement to change orders, licensing challenges, insurance and bonding problems, and conflicts with competitive bidding laws. The author emphasizes that while design-build can streamline project delivery and enhance accountability, it also introduces specific legal complexities that practitioners must navigate.

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What is the Spearin doctrine in design-build?

The Spearin Doctrine states that an owner impliedly warrants the drawings and specifications, such that a contractor that proceeds in reliance on the soundness of the design is entitled to compensation if the design is flawed.

What are the risks of design and build contract?

Design and Build is a relatively low risk procurement option for the employer, in terms of cost and time. There can be a risk related to design and quality, particularly if the employers requirements were not properly gathered and if insufficient time went into examining the contractors proposal.

What are the disadvantages of design-build?

Disadvantages of Design-Build Construction Limited competitive bidding: The selection of the design-build team is based on qualifications and not necessarily on price, potentially leading to higher costs for the owner and limited competitive options.

What are the 5 phases of the design-build process?

The 5 Stages of Design-Build Construction Design-Build Team Selection Stage. The very first stage of design-build construction is the process of a project owner selecting their design-build team. Pre-Construction Planning Stage. Architectural Design Functionality Stage. Construction Stage. Post-Construction Stage.

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