Back to Case Studies

Design-Build: Judgement of First Impression

Construction & Public Contracts, Dispute Resolution, Risk Management & Surety

The Construction & Public Contracts Group successfully tried a case of first impression with regard to the allocation of risk and design development in Design Build projects, as well as complex issues relating to engineering, design, steel fabrication, time entitlement, and construction and steel fabrication methods.

The case involved ~$13M of claims asserted by, and ~$4M of counterclaims asserted against, a steel fabricator which supplied structural steel for a ~$245M public Design Build lift bridge replacement project. The case was tried for 15 days before a judge of the Massachusetts Superior Court Business Litigation Session. The judge ultimately enforced the Design Build risk transfer provisions of the subcontract and awarded the fabricator only 20% of its total claims on issues not relating to Design Build.

Partner Eric Eisenberg and Of Counsel Chad Hershman — both of whom specialize in complex engineering and construction claims — handled the case from inception to completion, while Partner Tony Leone and Associate Alexandra Gordon joined the team for the trial of the case.