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
Here is some serious debate going on on IPD -
ReplyDeleteENR article - http://enr.construction.com/business_management/project_delivery/2010/0505-IntegratedProjectDelivery-1.asp
LCI's response -
http://leanconstruction.org/pdf/SpecialReportENR.pdf
If there is a will there is a way
ReplyDeleteNew liability coverage for firms entering in an IPD contract.
Read more here - http://www.schinnerer.com/Documents/Press-IPD%20Coverage.pdf
A relevant article By Joseph A. Cleves Jr., DBL Law
ReplyDelete"Incentives and Risk Sharing in Lean Setting"
http://www.dbllaw.com/wp-content/uploads/Incentives-and-Risk-Sharing-in-Lean-2.pdf
HBR Article - The Big Idea: Creating Shared Value
ReplyDeletehttp://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.
The Integrated Agreement for Lean Project Delivery
ReplyDeleteDrafted by - William A. Lichtig
http://www.leanconstruction.org/files/brief_intro_readings/IFOA_Article_Construction_LawyerLichtig.pdf
Integrated Project Delivery: Collaboration Through New Contract Forms
ReplyDeleteAuthored by - Patrick J. O’Connor, Jr.
http://www.faegre.com/webfiles/AGC-IPD%20Paper.pdf