You can register for both the July 14 and July 20 Sessions or only one session.
Sessions & Speakers:
July 14: Design/Build: Professional Liability Risk For Consulting Engineers
• David Hatem, Donovan Hatem
• Paul Kelley, Senior Principal, Simpson Gumpertz & Heger (SGH)
Design-Build (“DB”) continues to progress as the delivery method of choice for many public owners – federal, state and local on infrastructure projects. Those owners find attractive the ability to (a) contract on a fixed price basis with a design builder who is responsible for both design and construction and (b) transfer substantial risk – traditionally retained by the owner – to that design-builder.
Many Design Builders respond to Owner DB RFPs with aggressive pricing proposal and sometimes unrealistic assumptions and expectations as to the details of (post-award) final design development details and construction cost.
What do these owner objectives and Design-Builder practices in DB procurement and contracting mean for the professional liability risk of consulting engineers engaged as (the “Consulting Engineer”) subconsultants to the Design-Builder?
That question and its answer will be the focus of this session.
• Gwen P. Weisberg, Donovan Hatem
A substantial number of the more significant professional liability claims asserted by Design-Builders against their Consulting Engineer subconsultant in Design-Build (“DB”) arise out services performed by the Consulting Engineer during the procurement, or pursuit, pre-award phase of a DB project. The ability to effectively manage, limit and defend professional liability risk of the Consulting Engineer in that high frequency and severity context often depends upon the understandings, scope and terms of the Consulting Engineer’s engagement during that phase – i.e., a “Teaming” (or “Phase I”) Agreement.
This session will focus on the reasons why such a Teaming (or “Phase I”) Agreement is essential in DB.
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