The use of delegated design on projects can create many practical benefits. But it can also create additional pitfalls and risks for contractors accepting delegated design responsibilities. Recognizing and understanding these various considerations is important for contractors taking on delegated design roles. This article examines some of these considerations and provides practical advice to address them. However, this article does not cover the entire waterfront of delegated design issues, nor does it address every single potential pitfall or consideration. Rather, it highlights certain issues for contractors to consider on projects with delegated design components.

Under a traditional design-bid-build model, the contractor is generally entitled to rely upon the design it is given (which is typically complete). And the contractor is generally not responsible for defects or errors in that design (a concept often referred to as the Spearin doctrine, based on the famous case of that name). Typically, that design is prepared by the design professional of record (DPR), who remains responsible for the adequacy of that design.

However, there are various instances in which it might make more sense to “delegate” certain design components to a contractor. This is particularly true given the ever-increasing specialization of materials, processes, sub-components, etc. used on construction projects. And in certain instances, the contractor may be better positioned to develop select portions of a design, particularly if it is highly specialized in nature.