Construction
Dec. 4, 2024
Cracks in the code: When design meets construction and blame
The trial court allowed Suffolk to present a jury instruction based on Public Contract Code section 1104, which bars public entities from shifting responsibility for plan accuracy to bidders. However, the Court of Appeal found that the instruction was irrelevant to a claim for breach of implied warranty of the correctness of plans and specifications.
Garret D. Murai
Partner Nomos LLP
Garret is the editor of the California Construction Law Blog at www.calconstructionlawblog.com.
It's a tale as old as time. Well, at least as far back as the ancient Egyptians, I'm pretty sure. One city is occupied by architects and engineers. The other, by contractors. While these cities usually coexist peacefully, conflicts arise when defects emerge--whether from design flaws or construction errors.
Sometimes project owners are pulled into these fights as well. There is a common law rule that when contr...
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