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A substantial number of the more significant professional liability claims asserted by Design-Builders against their Consulting Engineer subconsultant in Design-Build (“DB”) arise out services performed by the Consulting Engineer during the procurement, or pursuit, pre-award phase of a DB project. The ability to effectively manage, limit and defend professional liability risk of the Consulting Engineer in that high frequency and severity context often depends upon the understandings, scope and terms of the Consulting Engineer’s engagement during that phase – i.e., a “Teaming” (or “Phase I”) Agreement.

This Webinar will focus on the reasons why such a Teaming (or “Phase I”) Agreement is essential in DB, as well as:

  • What are the types and experience as to risks and claims that confront a Consulting Engineer arising out of pre-award services?
  • What particular terms should be included in a Teaming Agreement to manage and limit professional liability risk of the Consulting Engineer in the context of pre-award services?
  • How should the terms or “survival” of a Teaming Agreement relate to a subsequent Design Services (or “Phase II”) Agreement upon award of a DB Contract.

Presenter: David Hatem, PC, Partner, Donovan Hatem LLP

Want to learn even more about P3s? David Hatem literally wrote the book! Check out the newly release 3rd Edition of Public-Private Partnerships and Design-Build: Opportunities and Risks for Consulting Engineers today!

Course Type

Online Class

Delivery Type

On Demand, Online, Self-Paced

PDH Credit


Price (Member)


Price (Non-Member)


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