Design Build

Case Study: Design-Builder Unsuccessful in Suit against Engineering Sub-consultant for Cost Overruns

As the design world inevitably moves towards a more symbiotic relationship between builder and design professionals, we will face more and more lawsuits involving the construction team and the architect/engineer. As this process evolves, so too will the outcomes of these cases.

Click HERE to read about such a case written by Kent Holland.

An important aspect of the decision was the rejection of the design-builder’s claim that the engineer breached the standard of care by not knowing the Department of Transportation (DOT) would ultimately reject its proposed design pitch of the bridge deck. Expert testimony supported the reasonableness of the engineer’s design and the court stated the design-builder might have recovered from DOT if it had pursued a claim against DOT. The judge concluded, “There appears to be no reason to charge [engineer] with [design-builder]s strategic decision not to press this claim.”