The Design Professional's Risks During the Construction Phase

The construction and completion phases of a project present unique risks for design professionals. This roundtable discussion, led by David Corkum and Sue Yoakum of Donovan Hatem LLP, explores the risks, responsibilities, and potential liability for design professionals that can arise during the construction phase from tasks such as submittal review, quality assurance audits, recommendations for partial payment for work, rejection of work, review of contractor claims, compilation of closeout documentation, declaration of substantial completion, and recommendations for termination. In addition to identifying these issues, we will also discuss appropriate strategies for minimizing risk. Finally, we will also address the emerging trend of FCA litigation and the evolving expectation of BIM as it relates to construction phase services by design professionals.