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    Clarifying Design Responsibility and Its Risk Allocation in Construction Contracts

    Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2023:;Volume ( 015 ):;issue: 002::page 04522055-1
    Author:
    Awad S. Hanna
    ,
    Eyad Aboseif
    DOI: 10.1061/JLADAH.LADR-812
    Publisher: American Society of Civil Engineers
    Abstract: Disputes related to responsibility for design defects can cause significant financial costs and delays. Consequently, the allocation of risks pertaining to design responsibility is a hot-button issue in construction. This study aimed to assist owners and contractors in understanding contractual and legal allocation strategies for design responsibility and associated risks. The authors achieved this goal by following a two-stage approach. In Stage A, a substantive review was conducted of multiple standard-form contracts [such as those generated by the American Institute of Architects (AIA)]. In Stage B, a review was conducted of US federal and state judiciary precedents. These contractual and legal reviews outline the general rule of an owner’s implied warranty, known as the Spearin doctrine, and exceptions to the Spearin doctrine in the standard forms of contracts and legal precedents. The aforementioned exceptions to implied warranty include (1) contractual responsibility on the part of a contractor to review design documents; (2) the existence of performance specifications rather than or in addition to design specifications; and (3) the presence of an express warranty or disclaimer within a contract. This paper includes tabulated contractual and legal risk allocation concepts for design responsibility and a flowchart that was generated to guide construction stakeholders on the nuances of design risk allocation scenarios.
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      Clarifying Design Responsibility and Its Risk Allocation in Construction Contracts

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    contributor authorAwad S. Hanna
    contributor authorEyad Aboseif
    date accessioned2023-08-16T19:09:55Z
    date available2023-08-16T19:09:55Z
    date issued2023/05/01
    identifier otherJLADAH.LADR-812.pdf
    identifier urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4292859
    description abstractDisputes related to responsibility for design defects can cause significant financial costs and delays. Consequently, the allocation of risks pertaining to design responsibility is a hot-button issue in construction. This study aimed to assist owners and contractors in understanding contractual and legal allocation strategies for design responsibility and associated risks. The authors achieved this goal by following a two-stage approach. In Stage A, a substantive review was conducted of multiple standard-form contracts [such as those generated by the American Institute of Architects (AIA)]. In Stage B, a review was conducted of US federal and state judiciary precedents. These contractual and legal reviews outline the general rule of an owner’s implied warranty, known as the Spearin doctrine, and exceptions to the Spearin doctrine in the standard forms of contracts and legal precedents. The aforementioned exceptions to implied warranty include (1) contractual responsibility on the part of a contractor to review design documents; (2) the existence of performance specifications rather than or in addition to design specifications; and (3) the presence of an express warranty or disclaimer within a contract. This paper includes tabulated contractual and legal risk allocation concepts for design responsibility and a flowchart that was generated to guide construction stakeholders on the nuances of design risk allocation scenarios.
    publisherAmerican Society of Civil Engineers
    titleClarifying Design Responsibility and Its Risk Allocation in Construction Contracts
    typeJournal Article
    journal volume15
    journal issue2
    journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
    identifier doi10.1061/JLADAH.LADR-812
    journal fristpage04522055-1
    journal lastpage04522055-11
    page11
    treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2023:;Volume ( 015 ):;issue: 002
    contenttypeFulltext
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