Liability of Design-Builders for Design, Construction, and Acquisition Claims (2015) / Chapter Skim
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Pages 12-21
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From page 12... ...
12 The rights to sue go beyond design services alone. They also relate to the designer's other activities.
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From page 13... ...
13 philosophy relative to this issue on all of its projects. Readers should further note that design–build contracts are lengthy and often contain multiple crossreferences among clauses.
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From page 14... ...
14 shall not be excused from performing such omitted Work (no matter how extensive) or mis-described details of the Work, and such Work shall be performed as if fully and correctly set forth and described in the Contract Documents, without entitlement to a Change Order hereunder except as specifically allowed by the Contract Documents.
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From page 15... ...
15 DB Contractor understands and agrees that TxDOT shall not be responsible or liable in any respect for any Losses whatsoever suffered by any DB Contractor-Related Entity by reason of any use of any information contained in the Schematic Design or Reference Information Documents, or any action or forbearance in reliance thereon, except to the extent that TxDOT has specifically agreed in Section 13 that DB Contractor shall be entitled to an increase in the Price and/or extension of a Completion Deadline with respect to such matter. DB Contractor further acknowledges and agrees that: (a)
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From page 16... ...
16 2.2.2 Scope Validation Period for Non-Accessible Areas of the Site. The Parties recognize that Design–Builder may be unable to conduct the additional geotechnical evaluations contemplated by Section 4.2.2 below because it will not have access to certain areas of the Site within the Scope Validation Period set forth in Section 2.2.1 above.
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From page 17... ...
17 to prepare an appropriate scope, schedule and price estimate for the work.57 VDOT's original (2006) scope validation clause is included as an example in the Guide.58 B
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From page 18... ...
18 these circumstances, notwithstanding disclaimer language. The intent of the preceding clauses is to ensure that the design–builder can stand behind the design it develops as meeting the contract's requirements.
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From page 19... ...
19 consideration safety, operational requirements, level of service, and life cycle costs. Notwithstanding the above, if any of (a)
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From page 20... ...
20 This clause is essentially the same as what one might find in a design–bid–build construction contract. The indemnity obligations are triggered based upon the "extent" of the design–builder's negligence, focused on third-party claims, and covered by most commercial general liability insurance policies.
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From page 21... ...
21 • Establish a ceiling on the total amount of damages for which a party will be liable (e.g., 50 percent of the contract price)
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