According to the Court, even though there is an increased consultative role of construction managers in the design process, an owner is ultimately responsible for and “controls the design and is the final arbiter of it.”
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A recent decision by the Massachusetts Supreme Judicial Court clarified that even though a construction manager may advise on construction project design, this is not sufficient to pass the risk of defective design onto the construction manager. So reports JDSupra Busines Advisor.
According to the Court, even though there is an increased consultative role of construction managers in the design process, an owner is ultimately responsible for and “controls the design and is the final arbiter of it.”