In the Design-Bid-Build method, who assumes the risk of defects in the contract documents?

In the Design-Bid-Build project delivery method, the owner assumes the risk of defects in the contract documents. This is due to the nature of the arrangement, where the design is completed before the construction phase begins. The owner hires an architect or engineer to create the design and prepare the contract documents, and these documents guide the contractor during the construction process.

When defects arise from the contract documents, it is the owner who bears the responsibility, as they are the ones who commissioned and approved the plans and specifications. This principle is rooted in the allocation of responsibilities in traditional project delivery methods. The contractor is expected to follow the provided documents, while the engineer or architect, in their role, assists with the design but does not assume the risks associated with construction defects stemming from those documents.

In contrast, other options represent different roles and responsibilities that do not carry the same level of liability for design flaws. The contractor is typically responsible for executing the construction according to the documents rather than for their content. The same follows for the engineer, whose duty is aligned more with the design and advising role. An agent construction manager may facilitate communication and coordination but does not take on the risk of the documents created by the owner’s design team.