Liability of Design-Builders for Design, Construction, and Acquisition Claims

National Academies of Sciences, Engineering, and Medicine

doi:10.17226/22074

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Liability of Design-Builders for Design, Construction, and Acquisition Claims

(2015)

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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.

Contributor(s): National Academies of Sciences, Engineering, and Medicine; Transportation Research Board; National Cooperative Highway Research Program Legal Program; National Cooperative Highway Research Program; Michael C. Loulakis; Nancy C. Smith; Donna L. Brady; Rick E. Rayl; Douglas D. Gransberg

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Suggested Citation

National Academies of Sciences, Engineering, and Medicine. 2015. Liability of Design-Builders for Design, Construction, and Acquisition Claims. Washington, DC: The National Academies Press. https://doi.org/10.17226/22074.

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Publication Info

124 pages | 8.5 x 11 | DOI: https://doi.org/10.17226/22074

Chapters		skim
==============	1-1
CONTENTS	2-2
I. INTRODUCTION	3-3
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
IX. CONCLUSION	100-102
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
ACKNOWLEDGMENTS	126-127

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