Description
Keep the project moving while protecting yourself from pitfalls and costly damages caused by problems with bad plans and specifications.The mere identification of a design error or omission, in and of itself, may not warrant contractor entitlement to additional cost or time. This information will help you better understand the issues that may be caused by construction drawings that contain errors and omissions, or ambiguous contract requirements. You will also better understand the steps required to successfully and timely resolve such design defect issues and how to minimize the potential for such defects to negatively impact the ability of the contractor to achieve completion of the project within the contractual cost and time of performance constraints. In the instance that timely resolution of the issues caused by the design defect cannot be accomplished, you will be provided an overview of the steps required to document and recover cost and time of performance impacts.
Date: 2020-09-17 Start Time: End Time:
Learning Objectives
Spearin Doctrine
• Overview of the Spearin Doctrine and What Protections It Provides for the Contractor
• The Extent to Which the Contractor May Be Responsible for Failing to Recognize an Obvious Defect in the Design Documents
• Review of Contractual Provisions That May Shift the Burden for the Contractor to Verify the Accuracy of Specific Design Documentation
Identification of Design Error or Omission
• The Steps That Should Be Followed by the Contractor Upon Identification of a Design Error or Omission in the Drawings and/or Specifications:
• Pre-Bid
• Significance of Order of Precedence Clause
• Incorporating Bid Exceptions and Clarifications
• Attendance of and Participation in Pre-Bid Meetings
• Post-Award
• Notice Requirements
• Change Order Request
• Responsibility to Mitigate Impact
Recovery of Impact Cost and Lost Time
• Should a Dispute Arise, an Overview of Steps the Contractor Should Take
• Document the Impacts Caused by the Design Defect
• Quantify the Additional Costs That May Be Incurred to Correct or Resolve the Design Defect
• Quantify the Time Lost on the Project to Resolve the Design Defect and Its Impact on Other Contract Work
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,ENG ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
James F. Gallagher, P.E., F.ASCE-Resolution Management Consultants, Inc.
