negligence

By Rob Hughes | This subtle but onerous language is becoming fairly widespread in design contracts and, if overlooked, could leave design firms with significant, potentially uninsured exposures.

Contract disclaimers reflect the reality that estimating is an art, not a science – and that design professionals cannot guarantee or warrant the actual costs of construction.

Good contracts can help, but timely and thorough reviews of shop drawings are, perhaps, the best defense.

Unless you put yourself out there as perfect, courts will typically hold you to the standard of reasonable care if you make a mistake.