Question 4 Construction Manager at Risk's right to rely on drawings and specifications furnished by Owner, under implied warranty of design Coghlin Blectrical Contractors, Inc v. Gilbane Building Company, Supreme Judicial Court of Massachusetts (2015). Summary. Gilbane was the construction manager at risk (CMAR) on a public hospital project. Coghlin Electrical was a subcontractor to Gilbane. According to Coghlin, errors and omissions in the design furnished by the public owner (and prepared by an AE firm) were a primary cause for labor increases of 49% for the electrical work Gilbane ultimately pursued recovery from the owner for the losses incurred by the subcontractor. In traditional design-bid- build construction, the owner presents the contractor with a completed set of drawings and specifications, and impliedly warrants that design against defects. As stated nearly a century ago in United States v. Spearin, if the contractor is bound to build according to plans and specifications prepared by the owner, the contractor will not be responsibie for defects" in the design. In the CMAR project delivery system, however, the CMAR typically has responsibilities with respect to the design, while the A/E is still preparing it During the design phase, a CMAR typically provides advice, consultation, and commentary regarding the design, and may influence the final design. In this case, the public owner argued that the CMAR's involvement during the design eliminated the CMAR's ability to benefit from an implied warranty of the design (a) Examine CMAR's position as to whether the firm stands the chance of relieving its obligation under the implied warranty of design as against the public owner. CR[7 marks) (b) Determine as to whether Gilbane Building Company had acted with the Proper Duty of Care during this project implementation AP(6 marks)