Shared Design

Overview

As construction projects become more complex and with the use of computers in design, shared design has become much more frequent. As a result, it’s more difficult than ever to assess responsibility for design defects.Attorneys representing architects, contractors, or subcontractors need to know how to draft construction contracts so that their clients are protected in case a shared design results in a design defect.

Shared Design, the latest addition to Aspen Publishers' ...

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Overview

As construction projects become more complex and with the use of computers in design, shared design has become much more frequent. As a result, it’s more difficult than ever to assess responsibility for design defects.Attorneys representing architects, contractors, or subcontractors need to know how to draft construction contracts so that their clients are protected in case a shared design results in a design defect.

Shared Design, the latest addition to Aspen Publishers' Construction Series, provides a thorough discussion of the expanded use of delegated and shared design in construction projects resulting from new technologies and explores the multi-party relationships that characterize delegated and shared design. It also discusses the risks of unintended transfers of liability among the parties involved and provides suggestions how to allocate design liability effectively.

Shared Design also:

• provides sample clauses that can be used in construction contracts to structure shared and delegated design and to allocate the risks of liability.
• consolidates information about shared and delegated design that might be covered only superficially in other titles.
• includes suggested contract clauses that can be incorporated into construction contracts to address liability issues associated with shared and delegated design.
• addresses liability issues when there are multiple parties involved in the design of a project.

The only book on the market exclusively dedicated to shared design , this powerful resource gives you what you need to:

• Prevent conflicts and rapidly resolve issues after they arise
• Take into account all relevant provisions of current AIA Documents and ConsensusDOCS
• Account for the confusion that can arise from multi-party involvement, especially in connection with computerized design
• Access all relevant case law—from a single resource

Additionally, sample contract language, together with any deleted and revised language for standard form contracts, are provided in individual chapters for contracts entered into by architects, owners, general constructors, specialty trade subcontracts, specialty design sub-consultants, and design-build entities.

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Product Details

  • ISBN-13: 9780735509887
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 2/22/2011
  • Product dimensions: 7.30 (w) x 10.30 (h) x 1.10 (d)

Table of Contents

Chapter 1 - WHAT IS SHARED DESIGN? WHAT IS DELEGATED DESIGN? Michael T. Callahan

• § 1.01 Delegated Design Different from Shared Design
• § 1.02 Multiparty Relationships Characterize Delegated and Shared Design
• § 1.03 Coherent Contract Approach Necessary for Delegated or Shared Design
• § 1.04 What Is Building Information Modeling?
• § 1.05 What Is Integrated Project Delivery?

Chapter 2 - LIABILITY FOR DELEGATED OR SHARED DESIGN IN STANDARD FORM CONTRACTS Carl J. Circo

• § 2.01 Contract and Tort as Alternative Bases for Design Liability
• § 2.02 Design Liability Under Standard Form Contracts
• § 2.03 Judicial Decisions Based on Contract Law
• § 2.04 Judicial Decisions Based on Tort Law
• § 2.05 Reassessing Liability for Delegated or Shared Design in Standard Form Contracts

Chapter 3 - AN OVERVIEW OF MAJOR PROJECT DELIVERY METHODS AND THEIR DESIGN RISK ALLOCATION Joyce K. Hackenbrach

• § 3.01 What Is a Project Delivery System?
• § 3.02 Blurring the Lines of Responsibility for Design
• § 3.03 Shifting Design Risk Through Specialty Design-Build Subcontracting
• § 3.04 Acceptance of Specialty Design-Build and Movement Toward “Integrated Project Delivery”

Chapter 4 - BUILDING INFORMATION MODELING Travis W. Brown and Joe R. Basham

• § 4.01 Introduction
• § 4.02 Building Information Modeling Defined
• § 4.03 Interoperability
• § 4.04 Implementation of BIM in Design and Construction Documents
• § 4.05 Identification of Legal Issues
• § 4.06 Insurance

Chapter 5 - NAVIGATING THE PROVISIONS THAT RELATE TO SHARED AND DELEGATED DESIGN IN SELECTED STANDARD FORM AGREEMENTS Jason P. Romero and Christopher M. DeBacker

• § 5.01 Introduction
• § 5.02 Navigating Shared and Delegated Design Provisions for Traditional Project Delivery
• § 5.03 Navigating Shared and Delegated Design Provisions for Emerging Project Delivery Systems Using Tri-Party Agreements

Chapter 6 - DESIGN/CONSTRUCTION CONTRACTS THAT DELEGATE OR SHARE DESIGN John-Paul Lujan and Diana Z. Bowman

• § 6.01 Contracts That Delegate or Share Design
• § 6.02 Standard Form Contracts
• § 6.03 AIA Form Design and Construction Contracts
• § 6.04 The ConsensusDOCS Form Design and Construction Contracts
• § 6.05 Additional Considerations for Inclusion in the AIA Documents and ConsensusDOCS
• § 6.06 Suggested Contractual Solutions Appendix A Management/Coordination Agreement for Shared Design (Sample)

Chapter 7 - GENERAL CONSTRUCTION CONTRACTS WITH DELEGATED OR SHARED DESIGN Heather F. Shore and Michael T. Callahan

• § 7.01 More than Shop Drawings
• § 7.02 Design Services Provided by the Contractor
• § 7.03 General Construction Contracts and BIM

Chapter 8 - TRADITIONAL SHOP DRAWING LIABILITY AND LIABILITY THAT ARISES FROM SHARED OR DELEGATED DESIGN Dennis J. Powers

• § 8.01 Traditional Shop Drawing Liability
• § 8.02 Liability Arising from the Shop Drawing Process in a Shared or Delegated Design System
• § 8.03 Conclusion

Chapter 9 - SPECIALTY TRADE SUBCONTRACTS INVOLVING DELEGATED OR SHARED DESIGN Jerry A. Esrig

• § 9.01 Shifting Design Responsibility to Trade Subcontracts
• § 9.02 Provisions of the Standard Forms of Agreement Between Contractor and Subcon

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