Jordan D. Weeks Discusses the Risks of Unintentional Design Work Completed by Contractors in Properties Magazine
Frantz Ward Associate Jordan D. Weeks discusses the additional risks contractors assume when they unintentionally perform design work for construction projects in his recent Properties Magazine “Legal Perspectives” article, “When Contractors Inadvertently Accept Design Risks.”
In the February article, Jordan explains that contractors may inadvertently complete design work when inferring a solution to a vague instruction from a design document instead of clarifying with the design team or architect. He emphasizes that contractors are not obligated to perform these duties and are, in general, only required to perform in accordance with the design documents, typically prepared by another party.
Understanding the Potential Risks Incurred
Jordan explains the added risks that arise when contractors perform design work, including:
- Potential rejection of work
- Assumption of negligent design liability
- Insurance coverage gaps
Minimizing the Risk of Design
He recommends avoiding accepting responsibility for design whenever possible by:
- Recording design discrepancies as they appear
- Requesting additional information for vague or unfinished designs
- Acquiring written approval from the design team before completing any work involving ambiguous design elements
- Consulting with the insurance broker before implementing the solution
- Obtaining written instruction if the owner or design team directs the contractor to perform work that differs from the original instructions
Read the full article here.
Jordan is a member of Frantz Ward’s Construction Practice Group and prepares cases for trial, drafts pleadings in litigation, and strategically reviews contracts. He is experienced in litigating construction matters from pleadings through trial and has secured favorable rulings on summary judgment in several complex cases.
Since 1946, Properties Magazine has been a monthly reporter on development, construction, design, and property management throughout Northeast Ohio.
