What Does the Case Law Say? Geotechnical Risk on Design-Build Projects

Nancy Smith published an article based on an NCHRP report published in December 2015 entitled Liability of Design-Builders For Design, Construction, And Acquisition Claims. The Geostrata article examines various issues relating to risk of unforeseen conditions on design-build projects. To help answer this question the article discusses various relevant court rulings, including cases addressing the enforceability of the agency’s disclaimer of liability for the geotechnical information contained in the procurement package and cases concerning differing site conditions (DSC) claims asserted by the design-builder.