1. Defining Design-Build. - defectlaw（1。）.pdf

1. Defining Design-Build. In a design-build process, both the design and construction of a project are performed by a single entity. This differs significantly from the traditional design-bid-build process, in which an architect or engineer is selected by the owner to design the project, and competitive bids are taken from other entities for the performance of construction services. Consulting Engineers and Land Surveyors of California v. Dept of Transportation (2008) 167 Cal. App. 4th 1457, 1462, 84 Cal. Rptr. 3d 900. Typically, under the traditional design-bid-build system, the owner warrants the correctness of the plans and specifications to the construction contractor under the Spearin Doctrine, United States v Spearin (1918) 248 U.S. 132, 137, 63 L. Ed. 166, 39 S. Ct. 59, applied in California by Souza McCue Constr. Co. v. Superior Court (1962) 57 Cal. 2d 508, 511, 20 Cal. Rptr. 634, 370 P.2d 338. A design professional does not warrant the sufficiency of the plans and specifications furnished to the owner, unless there is an express warranty agreement that the design professional assumes responsibility for the accuracy of the plans. Allied Properties v. John A. Blume Associates (1972) 25 Cal. App. 3d 848, 855-856, 102 Cal. Rptr. 259; Gagne v. Bertran (1954) 43 Cal. 2d 481, 487, 275 P. 2d 15. Accordingly, a contractor who has followed plans, specifications or directions provided by the owner, or one acting on behalf of the owner, traditionally cannot be held liable for alleged construction defects or insufficiencies attributable to the plans. McConnell v. Corona City Water Co . (1906) 149 Cal. 60, 64. In contrast, design-builders assume the responsibilities of a design professional (architect/engineer) and furnish all services – designing, engineering, constructing – necessary to deliver a completed project for an agreed price. Thomas v. Buttress McClellan, Inc. (1956) 141 Cal. App. 2d 812, 815. A desi