AN OVERVIEW OF A DESIGN PROFESSIONAL'S DUTIES

A design professional has various types of duties and responsibilities in a construction project. The design professional not only has duties and responsibilities towards his or her client but may also have duties and responsibilities towards other parties. The design professional's contract with his or her client will determine the majority of his or her duties and responsibilities.

CHANGES TO CONSTRUCTION CONTRACTS WITH THE FEDERAL GOVERNMENT

Most construction contracts with the federal government include a clause regarding changes to the contract. Such a clause usually only allows a contracting officer to make changes to the contract that are within the scope of the contract.

The Uniform Commercial Code and Construction Contracts

The Uniform Commercial Code (UCC) has been adopted in almost all states and, though its format may vary slightly from state to state, it is still substantially uniform throughout. The UCC supplants the common law in a multitude of commercial transactions, laying out rules for the conduct of business to promote certainty and predictability in those transactions.

Invitation to Bid/Request for Proposals

Construction projects are often awarded as a result of the bid selection process. To initiate this process, owners will either provide an invitation to bid (ITB) or a request for proposals (RFP) depending on the nature of the project and the expectations associated with it. The main difference between an ITB and a RFP is specificity.

AN OWNER'S IMPLIED WARRANTY REGARDING PLANS AND SPECIFICATIONS

Plans and specifications are the means by which an owner, a design professional, and a contractor communicate in a construction project. If an owner hires a design professional, the design professional is generally responsible for any defects in the plans and specifications. If an owner hires a contractor to design and to build a construction project, the contractor is generally responsible for any defects in the plans and specifications. However, if the owner supplies the plans and specifications to the contractor, the owner may be responsible for any defects in the plans and specifications.