Legal Question in Construction Law in Michigan

Design Built Bridges

We work for a college reconsructiong there parking lots and relocating a creek that ran though campus. The project designed by an civil engineer expect for the 3 bridges that cross the creek. The 3 bridges were supposed to be design build. However in the bid documents they included show drawings of the bridge that they wanted including the foundations. During the bid process we used these shop drawing as part of the bid. After we were awarded the project we hired a structural engineer to review their design. The recommendation from our structural was to double the size of the foundation because of poor soils. We informed the owner of the changes and the addtional cost assoicated with the changes. They rejected our claim, on the basis that we should have had the structural engineer design the bridge before the bid. The project was released for bid 14 days before the bids were due. Our structural engineer took 6 weeks do design the foundations per the soil conditions and water levels. Do we have any recourse to the owner for this addtional compensation?


Asked on 12/29/08, 8:29 am

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Design Built Bridges

In general, the answer is yes. The original design as given was deficient. As such, you have a general duty to make the owner aware of the condition. As such you would probably be successful in being awarded additional compensation for the redesign.

Patrick Tracy

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Answered on 12/29/08, 8:50 am


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