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who is under design obligation in DBB project delivery system and under such construction contract?

AlabamaConstruction Contract

in contract and business law under design liability

10 replies

Jun 9, 2020
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Jun 9, 2020
If I understand your question correctly, you are looking for who is liable for design defects under a design-bid-build project. This is a complicated area of the law, but let's break down the general principles. Liability for these types of defects is imposed through the "implied warranty of plans and specifications." More commonly referred to as the Spearin Doctrine. Under this doctrine, if the designs or specifications provided to the contractors are defective, the owner will be liable; depending on the type of specifications and whether there is any contract provision disclaiming the owner's liability. Courts will review the specifications to determine if they are prescriptive or merely performance specs. If the design plans explicitly breakdown what materials are to be used and how to construct the property, they are prescriptive. However, if the design or specs provide a final result and allow the contractor to perform the work as they choose they are performance specs. The owner will only be liable for design defects if the plans are prescriptive. The rationale for this is to protect contractors from liability who are contractually obligated to follow the project designs and specifications. But, if the contractor is allowed the discretion to perform the work as they see fit, then they may ultimately be liable for any defects caused by the work. I wrote an article a while back explaining this doctrine in a bit more detail that you can access here:
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Sep 19, 2022

If the company (customer) ordered the performance of design documentation from a contractor and subsequently on the basis of this documentation ordered the performance of construction work under the general contractor agreement and in the process of construction defects and deficiencies were identified in the design documentation, I think all responsibility is borne precisely by the contractor. If it led to the need for the customer to incur additional costs to redo the construction work. The company (customer) can also apply to any other service with a request do my assignments online at https://writemypapers4me.net/do-my-assignment/ , then the entire responsibility will be on him. But in most cases, the contractor is responsible for the shortcomings of the project. The same applies when shortcomings are identified in the process of implementing the project and operating the facility built on this project.

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Sep 19, 2022

If the company (customer) ordered the performance of design documentation from a contractor and subsequently on the basis of this documentation ordered the performance of construction work under the general contractor agreement and in the process of construction defects and deficiencies were identified in the design documentation, I think all responsibility is borne precisely by the contractor. If it led to the need for the customer to incur additional costs to redo the construction work. The company (customer) can also apply to any other service with a request do my assignments online at <a href="https://writemypapers4me.net/do-my-assignment/ ">https://writemypapers4me.net/do-my-assignment/ </a> , then the entire responsibility will be on him. But in most cases, the contractor is responsible for the shortcomings of the project. The same applies when shortcomings are identified in the process of implementing the project and operating the facility built on this project. 

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Sep 19, 2022

If the company (customer) ordered the performance of design documentation from a contractor and subsequently on the basis of this documentation ordered the performance of construction work under the general contractor agreement and in the process of construction defects and deficiencies were identified in the design documentation, I think all responsibility is borne precisely by the contractor. If it led to the need for the customer to incur additional costs to redo the construction work. The company (customer) can also apply to any other service with a request do my assignments online at
https://writemypapers4me.net/do-my-assignment/ , then the entire responsibility will be on him. But in most cases, the contractor is responsible for the shortcomings of the project. The same applies when shortcomings are identified in the process of implementing the project and operating the facility built on this project.
 

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