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Understand Critical Design-Build Contract Provisions

Code: 13263-DL

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List Price:  $299.00

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Understand Critical Design-Build Contract Provisions:
Legal Issues That Can Put Your Firm in Hot Water
Speaker: Hugh Anderson, Esq., Legal Counsel to the Engineers Joint Contract Documents Committee (EJCDC)
Recorded Wednesday, April 20, 2011
Length: 90 minutes

Engineers working under design-build contracts must address a number of issues beyond those confronted under traditional design-bid-build delivery. In this practical webinar, EJCDC Counsel Hugh Anderson, Esq. focuses on how the Engineers Joint Committee has grappled with key contract provisions in a way that protects engineers while providing owners with the professional services that they need to deliver facilities and infrastructure projects.

Among the key issues that are explored in this informative but concise design-build contracts seminar are:

  • Errors and Omissions — Handling of E & O under design-build is complicated due to inability to invoke the betterment rule. Hear EJCDC's Counsel Anderson's advice on how to structure this provision to protect the parties.
  • Licensing Laws — Since the Design-Build entity holds itself out to be both the "designer-of-record" and the "constructor-of-record", appropriate professional registrations and business licenses need to be in place.
  • Protests of D-B Bids and Proposals — What to do with protests of design-build procurements includes practical lessons for engineers handling these projects.
  • Design Reviews — Conduct of design reviews under design-build may differ from traditional periodic reviews, because an owner can place itself in a responsible position by dictating changes during the review process rather than relying on the D-B entity to deliver an end-result in conformance with the design.
  • Performance Guarantees — In some instances, owners seek to tie the design-builder to some strict performance standard. See how you can advise the owner to use the traditional standard of care.
  • Who Owns the Design — On some government design-build contracts, the owner is insisting on owning the design product. Private owners can be convinced that this may be unwise for a variety of reasons or at least one should add mitigating language to the contract.
  • Teaming Arrangements — There are many ways for engineers to participate in design-build contracts. Is your risk tolerance such that your firm can go "at risk" or would it be advisable for the firm to retain its agency status?

Having advised engineering firms and their representatives for over 20 years about legal issues, Hugh Anderson zeros in on these and other important design-build issues. Engineers can look forward to working on this growing market either as a traditional consultant to the owner, as a consultant to the design-build entity, or as the leader of the design-build entity.

Product Details:
Author(s): Hugh Anderson

ISBN: --
Year Published: 2011

Number of Pages: 25
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