D&B Contractor suit against Consultant for Cost Overruns in US case

In the Superior Court of Massachusetts case of Middlesex Corp. v Fay, Spofford & Thorndike Inc. the Court considered a Consultant’s liability for costs allegedly attributed to errors in preliminary designs and cost/quantity estimates.

Claims by Design and Build contractors against their consultants remain commonplace in the UK and, whilst a US decision, this case provides a rare insight into how a Court would view some of the common allegations and defences that are brought in such cases.

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