The “New Reality” of Design Responsibility for Construction Contractors and Subcontractors: Common Sense Recommendations


The “New Reality” of Design Responsibility for Construction Contractors and Subcontractors: Common Sense Recommendations

Recorded On 04/16/2020


The ‘New Reality’ of design responsibility is that construction contractors and subcontractors are doing more design whether overtly by express “design delegation” or even, at times, unintentionally.

The consequences of a contractor taking on design responsibility can be costly because with responsibility generally comes liability.

Join us to discuss how and why this happens and provide some “common sense” recommendations to avoid, where possible taking on design risk.

Construction and Design Topics to be covered in this program include:

  • The Historical Context–Design, Bid, Build
  • Design-Assist
  • Design-Build
  • Design Delegation
  • The Challenge of Prescriptive v. Performance Specifications
  • “Preliminary Drawings” and Implied Warranties
  • Common Sense Recommendations

Insurance issues to be addressed include:

  • Professional Liability Insurance generally, including notable limitations and exclusions to consign-Assist
  • Analyzing/identifying standard scope of services/work to better tailor coverage to your actual exposures
  • Opportunities for negotiating terms of coverage, including broadening of the standard Insuring agreement and modifications to burdensome notice conditions
  • Key terms policyholders should seek to have removed or modified to broaden access to coverage



Program Co-sponsors: NYCLA’s Construction Law Committee; NYCLA’s Insurance Law Committee

Program Chair and Moderator: Joel Sciascia, Executive Vice-President and General Counsel, The Rinaldi Group

Faculty: Richard BrownSaxe Doernberger & Vita, P.C.;  S. Elysha Luken and Ronald G. Robey, Smith, Currie & Hancock LLP; Michael Stoop, Metropolitan Risk Advisory


2 NY CLE Credits; 2 Skills


All Programs include 1 Affirmation and 1 Evaluation Form, and Course Materials.

To receive CLE credit for a program in Online Video Format:

Online Videos contain CLE codes that you must type into a supplied online affirmation form. Submit the online affirmation to the NYCLA CLE Institute to be issued a CLE certificate. We recommend that you watch the video as soon as possible.

We can only issue CLE credit if the law is still current.

Course Materials: You can download course materials on the Online Video webpage.

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