Is it wise of General Contractors to require professional subconsultants to sign their usual sub-contract form?
No…Contactors that require the use of the same contract form used for construction sub-contractors may unwittingly void the precise coverage they are seeking from their design professional. Again, design errors & omissions policies typically exclude warranties and guarantees which are generally an integral part of construction sub-contracts. As previously stated, if the design firm “agrees” to the warranties and guarantees or any other responsibility excluded by their professional liability policy, the design firm will be assuming the defense costs and payment obligtions if an award is granted by the courts.
