Gaining the Upper Hand in Proposal-Related Disputes Between Designers and Contractors in Design-Build Contracts

Design-build projects often require the designer to prepare a preliminary design that is sufficiently advanced to allow the design-build contractor to submit a firm, fixed-price proposal to the owner. Failures by the designer to accurately or completely prepare the preliminary design can lead to insufficient price proposals and substantial cost overruns for the design-build contractor, resulting in major claims and disputes. During this session, attendees will learn best practices for how to draft agreements, including teaming agreements and memorandums of understanding, to maximize their client's legal position in any design-build proposal-related disputes. Discussion will include how courts and arbitrators have defined the standard of care for designers preparing preliminary designs for design-build proposals, as well as what arguments have been successful by design-build contractors seeking to impose liability on design firms for preliminary design mistakes and what defenses have been successful for design firms seeking to thwart those claims.

Other Speakers: 

Christine McAnney, Vice President and General Counsel, Balfour Beatty Infrastructure
Catherine Damico, Assistant General Counsel, Kiewit Corporation

For more information, view the agenda.