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    Key Challenges to Design Professional Liability in the Design-Build Environment

    Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2020:;Volume ( 012 ):;issue: 003
    Author:
    Jung Hyun Lee
    ,
    Yuxin Zhou
    ,
    Baabak Ashuri
    DOI: 10.1061/(ASCE)LA.1943-4170.0000413
    Publisher: ASCE
    Abstract: In the integrated environment of design-build (DB), design risk is transferred from the owner to the DB team. One significant challenge to DB projects is design liability. This study discusses important challenges related to design professional liability issues in the transportation DB industry. This study developed a national survey and distributed it to a wide range of subject-matter experts from multiple disciplines: design consultants, highway contractors, public owners, owner representatives, and insurance and legal advisors. The study identified two broad areas of challenges for design liability: design claim issues and heightened standards of care. The results show that industry professionals hold different and often conflicting perceptions regarding the severity of design liability issues. Subject-matter experts from various industry stakeholder groups expressed different viewpoints regarding the increased number of design claims in transportation DB projects. They had considerably different perceptions regarding the importance of significant design sources in the DB environment. It was found that language on heightened standard of care can be identified more frequently in DB projects than in traditional design-bid-build projects. This research was the first national study to identify design liability issues in the context of the transportation DB industry. Its findings contribute to a better understanding of key challenges in design liability and provide insights into and opportunities for decision makers to reduce design liability issues.
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      Key Challenges to Design Professional Liability in the Design-Build Environment

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    http://yetl.yabesh.ir/yetl1/handle/yetl/4266036
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    contributor authorJung Hyun Lee
    contributor authorYuxin Zhou
    contributor authorBaabak Ashuri
    date accessioned2022-01-30T19:49:18Z
    date available2022-01-30T19:49:18Z
    date issued2020
    identifier other%28ASCE%29LA.1943-4170.0000413.pdf
    identifier urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4266036
    description abstractIn the integrated environment of design-build (DB), design risk is transferred from the owner to the DB team. One significant challenge to DB projects is design liability. This study discusses important challenges related to design professional liability issues in the transportation DB industry. This study developed a national survey and distributed it to a wide range of subject-matter experts from multiple disciplines: design consultants, highway contractors, public owners, owner representatives, and insurance and legal advisors. The study identified two broad areas of challenges for design liability: design claim issues and heightened standards of care. The results show that industry professionals hold different and often conflicting perceptions regarding the severity of design liability issues. Subject-matter experts from various industry stakeholder groups expressed different viewpoints regarding the increased number of design claims in transportation DB projects. They had considerably different perceptions regarding the importance of significant design sources in the DB environment. It was found that language on heightened standard of care can be identified more frequently in DB projects than in traditional design-bid-build projects. This research was the first national study to identify design liability issues in the context of the transportation DB industry. Its findings contribute to a better understanding of key challenges in design liability and provide insights into and opportunities for decision makers to reduce design liability issues.
    publisherASCE
    titleKey Challenges to Design Professional Liability in the Design-Build Environment
    typeJournal Paper
    journal volume12
    journal issue3
    journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
    identifier doi10.1061/(ASCE)LA.1943-4170.0000413
    page04520031
    treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2020:;Volume ( 012 ):;issue: 003
    contenttypeFulltext
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