Design Immunity And Alternative Delivery Projects

In California, if certain statutory requirements are met, public entities can be afforded immunity from liability arising from the design of a public works project. However, public entities should be aware that the rise of alternative delivery methods may impact the availability of the design immunity defense.

Traditional Design Immunity

California’s design immunity doctrine, codified in California Government Code section 830.6 (“Section 830.6”), shields public entities from liability for injuries arising out of alleged defects in the design of water infrastructure projects — such as pipelines, pump stations, stormwater systems, flood control channels and treatment facilities — when three elements are satisfied: (1) a causal relationship exists between the approved design and the claimed injury; (2) the plans or specifications were approved in advance of construction by the entity’s governing body or an authorized employee exercising discretionary authority; and (3) substantial