September Roundtable: The Eternal Triangle- Constructor Claims Against the Owner: Design Professional “In the Middle” or “Front and Center”?
Consider this relatively simple hypothetical (but very real and frequent) claim scenario:
The Constructor on a design-bid-build project asserts claims against the project owner for substantial additional costs and delays allegedly due to (a) design errors and omissions and (b) owner failure to pay for contract and extra work, and interference with the Constructor’s performance of the Work. (Assume all of (b) is unrelated to alleged performance deficiencies of the Owner’s Design Professional.) The project design was prepared by the Design Professional, retained by the Owner under an Agreement obligating the Design Professional to indemnify the Owner for claims and liabilities caused by the Design Professional’s failure to satisfy the professional standard of care.
This relatively simple claim scenario raises a number of important issues that impact not only resolution of the Constructor’s claims against the Owner, but also the “health and future” of the Design Professional’s relationship with the Owner. The key to maintenance (and growth) of success in that relationship often depends upon how the Owner and Design Professional interact with each other in the resolution of those Constructor claims.
Join us on Thursday, September 6th as David J. Hatem leads a discussion on the issues raised by this scenario.
This program will be held at the Boston Harbor Hotel. For more information and to register, email firstname.lastname@example.org. Please RSVP by Friday, August 31.