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

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.

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