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 Design-Build
Lessons Learned
2002 Edition
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The 2002
(8th edition) of Design-Build Lessons Learned reported on
forty-five (45) cases and covered a wide spectrum of design-build
issues. The table of contents for this edition is as
follows:
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Single
Point of Responsibility
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Performance
Specifications
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Scope
of Work
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Teaming
Relationships
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Ownership
of Documents
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Schedule-Related
Claims
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Project
Development and Financing
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Public
Sector Procurement
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Statutes
of Limitations
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Limitations
of Liability
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Trade
Subcontractor Relationships
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Good
Faith and Fair Dealing
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Jobsite
Safety
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Insurance
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Third
Party Beneficiaries
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Termination
of the Design-Build Contract
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Guarantors
and Sureties
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Disputes
Process
This
edition not only has cases from projects across industry types
(including EPC, transportation and commercial), but also has cases
from around the country, including Massachusetts, Indiana, Texas,
Oregon, and California. There are several cases in this 2002
edition that address liability under the single point of
responsibility feature of design-build (Albrecht v. Clifford and
Jiminez v. Superior Court). Other cases of note include Sherman R.
Smoot (disputes between a design-builder and the federal
government over what the proposal actually contemplated for work);
and E.I DuPont De Nemours and Co., Inc. v. United States (ability
of design-builder to shift liability for hazardous waste
remediation to the government under a cost-plus design-build
contract). There are also several important cases discussing
liability for jobsite safety and the scope of insurance coverage.
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