November 20, 2024
As design projects become increasingly complex, the involvement of a broad range of subconsultants for whom the prime design professional is liable under theories of vicarious or coordination liability become extensive. While subcontracts are common on most projects, they often do not manage or mitigate the exposure of either the prime design firm or the specific subconsultants. Accordingly, all design firms involved in the design and construction process need to carefully consider whether they are willing to take on the perils of an unclear or onerous prime-subconsultant relationship. Successful projects are often based on building successful subconsultant relationships where each party has the authority to carry out assigned responsibilities and is in the best position – contractually and through a professional skills set – to manage the exposure.