Construction Phase Services – Contract Tip of the Week
Q: My client wants to eliminate Construction Phase Services from my scope of services. Does this affect my risk on the project? How can I address this?
A: A client who decreases or eliminates a design professional’s role during the construction phase may not have fully evaluated or understood the risk implications of doing so. Remind your client that various problems can occur in this scenario, including the following:
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- The contractor may not correctly interpret your design;
- You will not be able to assist in determining whether or not the construction is proceeding in general conformance with your design intent;
- You will not provide insight that may prove to be critical on submittals;
and - You may not know if unauthorized changes have been made to your plans.
If, after discussions, your client chooses to proceed without your involvement in the construction phase, you can attempt to protect your firm by clearly reflecting the reduction in your scope of services and requiring the Owner to indemnify, defend, and hold you harmless from claims that may arise.
The Risk Specialty Group and RLI Design Professionals are pleased to feature our Contract Tip of the Week series. Each week, we’ll review a question submitted by a design firm relating to the subject of contracts. Keep in mind, though, that these discussions are general in nature and in making specific business decisions, it’s important to review your options with a knowledgeable attorney.