Bringing a claim for design defects in time

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Whether or not a designer has a continuing duty to review the design, and at what point that obligation ends, will be determined by the terms of the contract. If the contract simply stipulates that a design is to be provided, then there is no obligation on the designer to review the design after it has been supplied. Where the designer’s duties go further, for instance to design and supervise construction, the designer may have an ongoing obligation to review the design up to the time it is incorporated in the construction, or potentially as late as PC. This has important implications for the date when a claim can be brought.

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