Bridging Documents And Design-Build Warranties: Building Bridges To Avoid Pitfalls

This article was written for the ConsensusDocs newsletter and first appeared here.

Design‐build has continued its steady ascent in both the private and public spheres, revolutionizing how stakeholders approach construction projects. By melding design and construction responsibilities into a single point of responsibility, design‐build can streamline project delivery and reduce administrative inefficiencies. Yet, this consolidated approach does not immunize participants from complex warranty obligations. Rather, warranty issues remain murky as potential owner warranties are implicated by bridging documents, federal and state procurement regulations, and performance specifications. That said, we will explore an owner's implied warranties in the design‐build context—first defining the problem, then describing measures for clarifying risk allocation between the parties. Ultimately, a well‐drafted design‐build contract will bridge over potential warranty pitfalls.