Who’s the Designer? Recognizing and Mitigating Design Risk in Construction Contracts
The Spearin doctrine is a well-established, long-standing foundation of the construction industry holding that an owner impliedly warrants the information, plans and specifications it provides to a general contractor. This bedrock, however, can be eroded shifting design liability to often unsuspecting contractors and their sureties. In this program, Mike Zisa and Levi Barrett from Peckar & Abramson will discuss how risks can be shifted and ways to protect contractors from inappropriately or unwittingly assuming design liability.
Levi W. Barrett
Partner, Peckar & Abramson
Levi Barrett is a partner in the New York office of Peckar & Abramson, P.C. and Chair of the firm’s Contracts, Project Documentation and Risk Management practice. He focuses his practice on construction law and counsels clients on all aspects of public and private construction contracts. Levi works with general contractors, construction managers, owners and developers to structure and negotiate contract documents for sophisticated projects throughout the United States. He is heavily involved with the Associated General Contractors of America, serving a three-year term on that organization’s National Construction Leadership Council Steering Committee. Levi is a frequent speaker and author on contract negotiations, emerging project delivery methods, design-build, and delegated design.
Partner, Peckar & Abramson
Mike Zisa is a partner in the Washington, D.C. office of Peckar & Abramson, P.C. where he focuses his practice on construction, surety and government contracts law and chairs the Firm’s Surety practice group. He represents sureties, general contractors, subcontractors and owners in all aspects of their business – from contract review and negotiation to contract administration and claim analysis and development to litigation in federal and state as well as various contract appeals boards and alternative dispute resolution forums. Chambers USA quoted industry leaders saying Mike “is an outstanding lawyer; detail-oriented and smart…is responsive, knowledgeable and able to identify and fulfill the business objectives of his clients.” Mike regularly speaks and writes on construction and surety issues and has been recognized by Washington, D.C. Super Lawyers in the areas of construction litigation, surety and government contracts since 2014, Chambers USA in the area of construction law and he is a Fellow of the Construction Lawyers Society of America.
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