Below is an excerpt of the “Legal Column” published in the Summer 2021 issue of PE Magazine, the flagship publication of the National Society of Professional Engineers (NSPE).

Prior to COVID-19, the term “design to budget” was probably not a scary concept. After all, modern designers always consider the client’s budget when putting our Leroy pens to paper. However, given skyrocketing material costs and the postpandemic challenges of the current labor market, the obligation to design to budget can be an unsuspected and sometimes overlooked source of exposure. In this article, we’ll look at some of the provisions in the standard industry contracts and consider how they can affect designers’ exposure for construction cost overruns. Read the article.

Photo of Joseph Barra Joseph Barra

Joe has significant experience handling disputes and transactional matters involving the design and construction of office buildings, hospitals, shopping malls, highways, utilities, prisons, primary and secondary schools, universities, condominiums, wastewater facilities, water and scavenger waste treatment facilities, waste-to-energy facilities, landfill gas-to-energy facilities, gas-fired…

Joe has significant experience handling disputes and transactional matters involving the design and construction of office buildings, hospitals, shopping malls, highways, utilities, prisons, primary and secondary schools, universities, condominiums, wastewater facilities, water and scavenger waste treatment facilities, waste-to-energy facilities, landfill gas-to-energy facilities, gas-fired electrical power plants, hydroelectric dams, onshore and offshore natural gas pipelines, and electric substations. With skills gained in his first career as a civil engineer, he has represented clients in the construction industry for the past 20 years. Read his full bio here.

Photo of Niel Franzese Niel Franzese

Niel Franzese represents owners, contractors, subcontractors, sureties, and design professionals in all matters of construction contract drafting, negotiation, and construction-related litigation. He handles a variety of claims, including defective design and construction, change orders and delays, mechanics’ liens, bid disputes, and surety bonds.

Niel Franzese represents owners, contractors, subcontractors, sureties, and design professionals in all matters of construction contract drafting, negotiation, and construction-related litigation. He handles a variety of claims, including defective design and construction, change orders and delays, mechanics’ liens, bid disputes, and surety bonds. View his full bio here.