Drawings and specifications are the essence of any construction contract; they define the work to be performed. Given this essential role, it’s not surprising that design documents are the source of many disputes, including the three cases in this issue. Where is the line drawn between design responsibility and construction responsibility? Can an engineer be held liable for a design defect if the contractor didn’t fully follow the design? Can an omission in the specifications be cured by depictions in the drawings?
The first case addressed a “Correction of Work” clause and the project owner’s argument that it superseded the owner’s implied warranty of the sufficiency and workability of the design documents. The contractor argued the design had been defective and the clause did not make it the guarantor of performance.
The second case involved an engineer’s contention that it could not be liable to the project owner for an alleged design flaw because the contractor had not constructed the entire project in strict accordance with the design. The owner responded that the contractor had followed the design with regard to the work elements in question.
The last case considered a specification that omitted a vital piece of information. The project owner argued, however, that two contract drawings depicted the omitted item. The contractor had been adequately informed.
