Design-Builder Unsuccessful in Suit against Engineering Subconsultant for Cost Overruns. Preliminary Drawings Can’t be Expected to be as Precise as Final Documents

Source: https://www.constructionrisk.com/, January 2020
Design-Builder of a bridge sued its engineer subconsultant for costs allegedly attributed to errors in preliminary designs and cost/quantity estimates provided under the terms of a Teaming Agreement. Following a bench trial, the court rejected most of the design-builder’s claims, finding that the contractor was essentially attempting to argue that the preliminary plans prepared for bidding purposes should have been complete and accurate to the same extent as if they were one hundred percent final construction documents. Design-Builder claimed that if the engineer had not breached the Teaming Agreement it would have bid more and made a greater profit. There was no evidence that the engineer failed to meet the standard of care for preliminary design documents and nothing suggested anything the engineer did caused the Project to be more expensive. Middlesex Corp., v Fay, Spofford & Thorndike, Inc., 2019 WL 3552609, (Superior Court of Massachusetts, Suffolk County, 2019). Read more.

Find a Broker or Underwriter

Search by product, location or name
SEARCH BY PRODUCT
---
Agribusiness
Aviation
Binding Authority
Builder's Risk
Casualty
Commercial Umbrella / Excess
Construction
Cyber
DIC
Defense Based Act
Earthquake
Energy
Environmental
Environmental & Construction Professional
Excess
Farm & Ranch
Flood/Earthquake
Garage
Healthcare
Healthcare
Inland Marine
Life Sciences
Marine
Occupational Accident
Package
Personal Lines
Personal Lines Farm & Ranch
Personal Lines – QuickHome
Personal Standard Lines
Personal Umbrella / Excess
Pollution
Private Client
Private Equity
Product Recall
Professional & Executive Liability
Property
Public Entity
Railroad
Real Estate
Shared Economy
Standard Lines
Surety
Surety
Transactional Liability & Private Equity
Transportation
Workers' Compensation
SEARCH BY LOCATION
---
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District Of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
https://www.insurancebusinessmag.com/us/best-insurance/best-wholesale-brokers-usa--5star-wholesale-brokers-and-mgas-478736.aspxhttps://www.newsweek.com/rankings/most-loved-workplaces-2024https://premium.insurancebusinessmag.com/us-iba-top-insurance-employers-2024-ryan-specialty/p/1

Please Update Your Browser

Unfortunately Microsoft is no longer providing support or security fixes for your web browser. RT Specialty values the safety and security of its clients’ data, and as such this site requires the use of a modern web browser. To update your web browser, please see the links below. If you have any questions or would like additional information, please email info@rtspecialty.com or call (312) 784-6001.

Firefox Firefox Chrome Chrome IE Internet Explorer Edge Microsoft Edge