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

Delegated Design Managing Risk and Fulfilling Contractual Obligation - Submittal HO3

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This article, the final in a six-part series on construction shop drawings and submittals by Kevin O’Beirne, PE, focuses on the complexities of delegated design submittals. Delegated design occurs when the contractor, subcontractor, or supplier is contractually responsible for the final design of a particular project element, requiring them to engage a qualified, licensed design professional (“delegated designer”). This contrasts with contractor means and methods design, which is not delegated design.<br /><br />The article emphasizes that the project’s primary design professional (architect, engineer, or geologist) remains liable for the overall project and sets the performance and design criteria that the delegated design must satisfy. Delegated design submittals thus represent a critical interface between two separate designers with no contractual link, creating significant risk and liability considerations.<br /><br />There are two main types of delegated design submittals: action submittals, which are “instruments of service” such as sealed and signed design reports, drawings, specifications, calculations, and certifications, requiring explicit approval by the project design professional; and informational submittals, including delegated design shop drawings without seals, product data, samples, and quality control reports, which carry the delegated designer’s approval stamp and are typically reviewed by the project design professional for completeness and receipt only.<br /><br />The design professional’s review of delegated design submittals is contractually limited to checking conformance with contract requirements and design concepts, avoiding detailed evaluation of assumptions, methodologies, or mathematical correctness unless explicitly required by the contract. Written approvals should include disclaimer language clarifying these limits.<br /><br />If apparent but limited errors are found outside the scope of review, ethical obligations may require notifying the contractor, accompanied by statements disclaiming further liability. The article stresses that submittals related purely to contractor means and methods should not be treated as delegated design.<br /><br />Overall, successful management of delegated design submittals hinges on clear contract documentation specifying required performance criteria and submittals, strict adherence to review limitations by the design professional, and use of careful, specific written responses to manage liability. The article serves as guidance to architects, engineers, and geologists to navigate the risks and responsibilities inherent in delegated design submittal review.

Keywords

delegated design

submittals

construction shop drawings

contractor liability

design professional review

action submittals

informational submittals

performance criteria

contract documentation

design risk management