Delegated Design: Managing Risk and Fulfilling Contractual Obligations-Delegated Design Managing Risk and Fulfilling Contractual Obligation Slides

Delegated Design Managing Risk and Fulfilling Contractual Obligation Slides

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This presentation by Kevin O’Beirne, PE, addresses managing risk and fulfilling contractual obligations related to delegated design in engineering projects, specifically for the American Council of Engineering Companies. Delegated design occurs when part of a project’s final design is expressly contracted to be prepared by a professional hired by the contractor, subcontractor, or supplier, rather than the architect/engineer (A/E). Proper use of delegated design requires clear definition of performance and design criteria by the A/E, adherence to applicable licensing laws, and the A/E maintaining professional liability by reviewing submittals within specified limits.<br /><br />Key points include distinguishing delegated design from contractor means and methods or temporary construction design, and emphasizing the necessity for A/Es to not relinquish their contractual or regulatory responsibilities despite delegation. Appropriate use of delegated design is common for specialized components like precast concrete, pre-fabricated structures, or proprietary systems requiring expertise beyond traditional design consultants. It is unsuitable when an A/E lacks expertise, tries to avoid liability, or under budget/time constraints.<br /><br />Contract documents must clearly specify requirements for delegated design in drawings, general conditions, and specifications (e.g., sections 01 35 73 and 01 71 23), including professional licensure, standards of care, submittal types, coordination responsibilities, and procedural steps. Reviewing delegated design submittals involves verifying conformance to performance criteria, signatures/seals of licensed professionals, and consistency with the overall design, while avoiding review beyond the A/E’s contractual limits.<br /><br />The presentation also covers budgeting, scheduling, and legal frameworks such as New York State guidelines that support delegation. It stresses informing the project owner early about delegated design elements and cautions against requesting unnecessary submittals for temporary works or means and methods.<br /><br />Resources cited include state guidelines and professional standards. The session aims to help structural engineers and A/E project managers understand delegated design’s scope, how to specify and manage it in contracts, and how to review submittals responsibly to mitigate risk.

Keywords

delegated design

engineering projects

contractual obligations

professional liability

architect/engineer responsibilities

submittal review

contract documents

performance criteria

licensing laws

risk management