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