risks for design professionals

The Removal of the Design Professional from the Construction Administration Phase

TREND ALERT

In recent years, design professionals have been increasingly excluded from the construction administration phase of projects in the design and construction industry. To reduce costs, owners and developers may choose to minimize or eliminate the involvement of architects and engineers during this phase. While this approach may lower expenses initially, it often introduces long-term legal and operational risks.

Construction administration is not a formality. It is a critical phase where design professionals serve as stewards of quality and compliance. Their responsibilities include reviewing submittals, responding to requests for information (RFIs), conducting site visits, and verifying that construction aligns with the design intent and contract documents. When design professionals are removed from this phase, the project loses a vital layer of oversight. This absence can lead to unverified substitutions of materials or methods, increased construction defects due to misinterpretation of design documents, and delayed issue resolution when contractors lack the design insight needed to address field conditions.

Owners often limit or remove design professionals from construction administration for several reasons. Cost savings are a primary motivator, as eliminating these services reduces professional fees. Some owners rely on contractors, assuming they can manage the work without design oversight. Others believe that involving fewer parties will improve efficiency and reduce delays. While these motivations are understandable, they can result in unintended consequences that negatively affect project outcomes.

The impact on project quality and risk is significant. Without the architect or engineer monitoring progress, there is no assurance that the contractor’s work matches the design documents. Deviations often go unnoticed until they become costly problems. Excluding design professionals does not remove liability. If defects arise, claimants may still pursue the architect or engineer, even if they had no role during construction, by alleging flaws in the design. Without construction administration involvement, design professionals lose the ability to document or defend against such claims.

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