How Designers Can Avoid Construction Claims

Abstract

The sharp increase in the number of claims associated with construction projects now involves designers in claims brought by construction contractors. Designers were formerly insulated against such claims due to a lack of contractual relationship with the contractors. Broader interpretations by courts have changed this situation. The article reviews some situations in which a design firm can find itself the target of delay claims and offers solutions. These solutions include paying attention to coordination of design documents to minimize document conflicts, use of objective criteria for approval or rejection of “equal” products, establishing written schedules and priorities for shop drawing review, and avoiding use of shop drawings to modify designs. Though not exhaustive, the cases presented should help designers in avoiding or greatly reducing exposure to construction claims.