Liability of state departments of transportation for design errors (Book, 2017) [WorldCat.org]
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Liability of state departments of transportation for design errors

Author: Larry W Thomas; James B McDaniel
Publisher: Washington, DC : Transportation Research Board, [2017]
Series: Legal research digest (National Cooperative Highway Research Program), 74.
Edition/Format:   Print book : National government publication : English
Publication:Legal research digest (National Cooperative Highway Research Program). Number 74 (February 2017).
Summary:
TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 74: Liability of State Departments of Transportation for Design Errors covers liability insurance for design errors and omissions. It also examines public construction law, professional liability, and product warranties. This study demonstrates that litigation has defined the parameters of a transportation department's liability for  Read more...
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Details

Material Type: Government publication, National government publication, Internet resource
Document Type: Book, Internet Resource
All Authors / Contributors: Larry W Thomas; James B McDaniel
ISBN: 9780309446143 0309446147
OCLC Number: 972736558
Notes: Caption title.
"February 2017."
"This report was prepared under NCHRP Project 20-6, 'Legal Problems Arising Out of Highway Programs,' for which the Transportation Research Board is the agency coordinating the research.... James B. McDaniel, TRB Counsel for Legal Research Projects, was the principal investigator and content editor."
Description: 56 pages ; 28 cm
Contents: 1. Introduction --
II. Sovereign immunity of transportation departments for plan or design errors and omissions --
III. Plan or design immunity under a state tort claims act or common law --
IV. Immunity under state plan - or design-immunity statues --
V. Design-immunity and highway-defect statues --
VI. Whether a design consultant or contractor may claim the benefit of sovereign of governmental immunity --
VII. Claims by transportation departments against contractors for plan or design errors and omissions --
VIII. Claims for plan or design errors and omissions after a transportation department's acceptance of the work --
IX. Contractor claims against transportation departments for defective plans or designs --
X. Design-build contracts and liability for design errors and omissions --
XI. Failure of design consultants or contractors to comply with the required standard of care or to exercise professional judgment --
XII. Liability for decisions regarding the inclusion of items on an approved products list or liability of approved but defective safety appliances --
XIII. Insurance for costs or damages caused by plan or design errors --
XIV. Conclusion ---
Appendices.
Series Title: Legal research digest (National Cooperative Highway Research Program), 74.
Responsibility: [prepared by Larry W. Thomas].

Abstract:

TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 74: Liability of State Departments of Transportation for Design Errors covers liability insurance for design errors and omissions. It also examines public construction law, professional liability, and product warranties. This study demonstrates that litigation has defined the parameters of a transportation department's liability for design errors or omissions. State tort- and sovereign-immunity statutes may shield an agency from liability. If the state has waived its immunity for certain claims, however, the transportation department may still have immunity when it has exercised discretion in the planning or design phase of a project. When a government contractor is acting as an agent of the transportation agency, the contractor may also have a claim. If a contractor is at fault, the agency may be able to recoup any related losses incurred from the contractor. Appendixes A-E and Appendix F are available via online.

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