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Integrated Project Delivery (IPD) Contract and Legal Concerns

Stephen A. Hilger discussed the legal merits of Integrated Project Delivery (IPD) contract in ENR article "The Legal Worries Raised by IPD." His major concerns involve:

1. Design and Financial Risk
2. Loss of the Spearin Doctrine
3. Sharing in Means and Methods
4. Losing the Economic Loss Doctrine
5. "Fluff" Language
6. Third Party Design Liabilities
7. IPD Team Members Can't be Sued and
8. Impact on Indemnity Clauses

Comments

  1. Here is some serious debate going on on IPD -

    ENR article - http://enr.construction.com/business_management/project_delivery/2010/0505-IntegratedProjectDelivery-1.asp

    LCI's response -

    http://leanconstruction.org/pdf/SpecialReportENR.pdf

    ReplyDelete
  2. If there is a will there is a way

    New liability coverage for firms entering in an IPD contract.

    Read more here - http://www.schinnerer.com/Documents/Press-IPD%20Coverage.pdf

    ReplyDelete
  3. A relevant article By Joseph A. Cleves Jr., DBL Law

    "Incentives and Risk Sharing in Lean Setting"

    http://www.dbllaw.com/wp-content/uploads/Incentives-and-Risk-Sharing-in-Lean-2.pdf

    ReplyDelete
  4. HBR Article - The Big Idea: Creating Shared Value

    http://hbr.org/2011/01/the-big-idea-creating-shared-value/ar/1?cm_mmc=social-_-facebook-_-CreatingSharedValue-_-01062011

    And IPD is an idea about collaborating and sharing.

    ReplyDelete
  5. The Integrated Agreement for Lean Project Delivery

    Drafted by - William A. Lichtig

    http://www.leanconstruction.org/files/brief_intro_readings/IFOA_Article_Construction_LawyerLichtig.pdf

    ReplyDelete
  6. Integrated Project Delivery: Collaboration Through New Contract Forms

    Authored by - Patrick J. O’Connor, Jr.

    http://www.faegre.com/webfiles/AGC-IPD%20Paper.pdf

    ReplyDelete

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