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“Delegated Design in Construction: How to Avoid Legal and Financial Risks,” For Construction Pros

June 28, 2025
For Construction Pros

In an article published in For Construction Pros on June 28, 2025, Atlanta-based Shareholder Gina Vitiello outlined legal and financial considerations for navigating the risks of design delegation.  

Vitiello carefully defines the differences among the three most prominent design delegation models. “Design delegation has become increasingly prevalent in modern construction, encompassing everything from curtain wall systems to precast panels and fire protection layouts,” Vitiello wrote. “While this model can enhance project efficiency and delivery, it introduces legal complexities that require careful risk management.”

“Contractors must ensure that any design professionals performing delegated work are licensed in the relevant jurisdiction. Contracts for design services should incorporate performance obligations, indemnification for design error and proof of professional liability insurance,” Vitello said. She shares best practices like precise contract drafting, appropriate insurance coverage and proactive coordination to promote successful management of delegated design risks.

To view the full article, readers may click here.