Design liability and right-of-way risk allocation are topics addressed in a legal research digest recently published by the Transportation Research Board’s National Cooperative Highway Research Program (NCHRP). The report, which can be downloaded here, discusses statutes, case law and contract language relevant to design liability, addresses how the right of way acquisition process interrelates with design-build projects, and analyzes how design-build contracts allocate the related risks. The report was authored by Michael Loulakis (Capital Project Strategies ...
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