Design Delegation

December 5, 2019

     Should your contract documents include design delegation responsibilities, be aware of the rules and risks surrounding this practice. Competing for a project is challenging enough after reviewing hundreds of pages of specifications, plans and site specific criteria you are bound to, in addition to what you have already signed up for. That’s when the fun begins once you have been awarded the project. When assuming design delegation responsibilities it is important to protect yourself

against any additional unnecessary liability.

   

     New York State Board of Regents issued a ruling modifying section 29.3 of the rules of the Board of Regents. The following is a snap shot of the five basic tenants of the new rules.

 

Owner Notification:

Article (1) states that any passing off of design responsibilities must be done with full

knowledge of the client.

 

Ancillary:

Article (2)(a) states that the ability to foist off design requirements is to be limited to

“components ancillary to the main components of the project.”

 

All Parameters:

Article (2)(b) requires the designer of record for the project to specify in writing “all parameters which the design must satisfy.”

 

Certification:

Article (2)(c) requires that the secondary designer hired by the contractor sign and certify the design work provided. In Article (3) it is determined that a professional seal is not necessary for said certification.

 

Approval:

Article (2)(e) requires that whatever is submitted by the secondary designer must be reviewed and approved by the designer of record.

 

Enjoy what’s left of 2019 and look forward to a robust 2020.

 

—Michael Weber

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