Keep the project moving while protecting yourself from pitfalls and costly damage caused by problems with bad plans and specifications.
The mere identification of a design error or omission, in and of itself, may not warrant contractor entitlement to additional cost or time. This information will help you better understand the issues that may be caused by construction drawings that contain errors and omissions, or ambiguous contract requirements. You will also better understand the steps required to successfully and timely resolve such design defect issues and how to minimize the potential for such defects to negatively impact the ability of the contractor to achieve completion of the project within the contractual cost and time of performance constraints. In the instance that timely resolution of the issues caused by the design defect cannot be accomplished, you will be provided with an overview of the steps required to document and recover the cost and time of performance impacts.
Learning Objectives
- You will be able to identify a design defect caused by an error or omission in the drawings.
- You will be able to recognize the responsibility of the contractor to mitigate or minimize the impact caused by the discovery of a design defect.
- You will be able to discuss the ability of the contractor to recover cost and time impacts caused by design errors and omissions.
- You will be able to explain a review of contractual provisions that may shift the burden for the contractor to verify the accuracy of specific design documentation.
Agenda
Spearin Doctrine
- Overview of the Spearin Doctrine and What Protections It Provides for the Contractor
- The Extent to Which the Contractor May Be Responsible for Failing to Recognize an Obvious Defect in the Design Documents
- Review of Contractual Provisions That May Shift the Burden for the Contractor to Verify the Accuracy of Specific Design Documentation
Identification of Design Error or Omission
- The Steps That Should Be Followed by the Contractor Upon Identification of a Design Error or Omission in the Drawings and/or Specifications:
- Pre-Bid
- Significance of Order of Precedence Clause
- Incorporating Bid Exceptions and Clarifications
- Attendance of and Participation in Pre-Bid Meetings
- Post-Award
- Notice Requirements
- Change Order Request
- Responsibility to Mitigate Impact
Recovery of Impact Cost and Lost Time
- Should a Dispute Arise, an Overview of Steps the Contractor Should Take
- Document the Impacts Caused by the Design Defect
- Quantify the Additional Costs That May Be Incurred to Correct or Resolve the Design Defect
- Quantify the Time Lost on the Project to Resolve the Design Defect and Its Impact on Other Contract Work
Speakers
James F. Gallagher,
Resolution Management Consultants, Inc.- Principal with Resolution Management Consultants, Inc. possessing over 30 years of engineering, project/construction management, estimating, scheduling and construction claims analysis experience
- Practice emphasizes all areas of construction/project management and dispute avoidance and construction claims resolution
- Presenter of numerous programs to various public agencies and to the general public on topics of claims avoidance and dispute resolution
- Chairman of ASCE’s Transportation & Development Institute Highway Construction Committee
- Liaison for Associated General Contractors/National Association of State Facilities Administrators
- Licensed/registered professional engineer in 15 states
- Fellow, American Society of Civil Engineers (ASCE)
- B.S. degree in civil engineering, Drexel University
- Can be contacted at j.gallagher@resmgt.com or 800-390-8800
Who Should Attend
This live webinar is designed for engineers, architects, construction and project managers, contractors, subcontractors, presidents, vice presidents, construction professionals, and attorneys.
