Understanding Current Federal Law on Design Changes and Defects on Design-Build Contracts

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CONTENT EXPIRES: December 31, 2022

As design-build project delivery becomes more commonplace in the federal market, the federal courts are laying down fundamental decisions that are likely to set the stage for how design-build disputes are resolved across the country. In this presentation, experienced government contracts attorney Michael Richard will review and analyze some of the most important design-build decisions emerging from the federal courts addressing who is legally liable when there are changes to or defects in the design. 

1) Analyze when government directed changes to the design are compensable to the contractor.

2) Differentiate between defects in government provided bridge documents and contractor generated design. 

3) Recognize the emerging body of law on design-build at the federal level, and analyze the application of that law at the state and local level. 

4) Create guidelines for addressing design changes and defects as they occur in the field.

Michael Richard, JD

Attorney, Obermayer Rebmann Maxwell & Hippel, LLP

Michael Richard, JD is an attorney with Obermayer Rebmann Maxwell & Hippell, LLP.  He practices law in the areas of government contracts, procurement, design and construction.  Michael’s clients include architect-engineer firms, design-builders, construction contractors, environmental remediation contractors, IT firms, suppliers, and service providers.  He advises clients regarding bid protests, contract administration issues, CPARS performance reviews, disputes with subcontractors, and preparing and prosecuting REAs and claims pursuant to the Contract Disputes Act. Michael practices before the Armed Services and Civilian Boards of Contract Appeals as well as the Court of Federal Claims, and has successfully employed government approved Alternative Dispute Resolution procedures to resolve claims.  Much of Michael's practice involves disputes regarding design changes and defects on federal construction projects.


10/29/2020 at 3:00 PM (EDT)   |  60 minutes
10/29/2020 at 3:00 PM (EDT)   |  60 minutes
5 Questions
Live Viewing: 1.00 CEU credit and certificate available
Live Viewing: 1.00 CEU credit and certificate available