TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest 68: Liability of Design-Builders for Design, Construction, and Acquisition Claims discusses case law relevant to design liability, provides examples of contract language relevant to design liability, provides information about state laws relevant to liability and indemnity for design-build projects, and addresses the extent to which design-build procedures and deadlines impact the acquisition of right-of-way and condemnation proceedings.
Table of Contents
|II. PRINCIPLES OF CONSTRUCTION AND DESIGN LIABILITY||4-11|
|III. DESIGN BUILD CONTRACT CLAUSES AFFECTING LIABILITY||12-21|
|IV. PROCUREMENT AND CONTRACT ADMINISTRATION ISSUES AFFECTING DESIGN AND DESIGN LIABILITY||22-27|
|V. RIGHT-OF-WAY AND DESIGN BUILD PROCESSES||28-45|
|VI. DESIGN BUILD CASE LAW ADDRESSING DESIGN AND CONSTRUCTION LIABILITY||46-80|
|VII. STATE LAWS AFFECTING DESIGN AND CONSTRUCTION LIABILITY||81-86|
|VIII. CASE STUDIES||87-99|
|APPENDIX A: RIGHT-OF-WAY REQUIREMENTS AND CONTRACT TERMS FOR CERTAIN DESIGN BUILDAND PUBLIC PRIVATE PARTNERSHIP PROJECTS||103-112|
|APPENDIX B: ANTI-INDEMNITY STATUTES APPLICABLE TO PUBLIC AGENCY CONTRACT||113-116|
|APPENDIX C: STATUTES OF REPOSE||117-120|
|APPENDIX D: CERTIFICATE OF MERIT STATUTES||121-122|
|APPENDIX E: SOVEREIGN IMMUNITY STATUTES IN VARIOUS STATES||123-125|
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