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Can a design-build contractor be held responsible for design errors in a Design-Build Contract?

View Darryl S.
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Liability Protection

Design-Build Contract

Texas

Can a design-build contractor be held responsible for any design errors or deficiencies that may arise during the construction process in a Design-Build Contract? I am considering entering into a Design-Build Contract with a contractor for a construction project, and I want to understand the extent of the contractor's liability for any potential design-related issues that may arise. I have heard conflicting information about the allocation of design responsibility in such contracts, and I want to ensure that I am fully aware of the legal implications before proceeding with the agreement.

Darryl S.

Answered Mar 12, 2025

Yes, under a Design-Build Contract, the design-build contractor is typically responsible for both design and construction, meaning they can indeed be held responsible for design errors or deficiencies that arise during the construction process. I recommend you have a lawyer specifically review the contract you have with the db contractor to see the exact language regarding design errors and responsibility

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