Constructorcast

Who’s on the hook for design defects in design-build projects? It may not always be who you think. In this episode, Dirk Haire, co-chair of Fox Rothschild’s Construction Law Practice Group, and David Hecker, group general counsel overseeing all claims, litigation, and investigations for Kiewit Corporation, share their wealth of knowledge on design-build risk. Find out when and why contractors do not always bear the risk of design errors or omissions on a design-build project. This episode explains design-builders’ liability standard and discusses certain types of overreach by owners that merit pushback from design-builders. This podcast episode will help you: 1. Understand the differences between design and performance specifications and how they may govern design liability on a design-build project. 2. Determine when the Spearin Doctrine applies to design-build contracts. 3. Identify cases where a design-builder has received equitable adjustment for defect designs, as well as examples of cases where the