What procurement approach evaluates both cost and quality?

The process of proposal scoring in Best Value Selection is based on:

What is bid rigging?

Who leads the design team in the following types of projects?

Imagine that you are working as an owner’s representative on a hospital project. You are tasked to design a process to identify the design team for the project. List four factors that you would use to select the design team.

What type of contract includes a cap on potential project costs?

Which project delivery system gives the owner the benefit of only having to maintain only one primary contractual relationship for both the design and construction work?

Which entity typically remains at risk when coordinating subconsultants?

In a GMP contract, who benefits from any cost savings below the guaranteed maximum price?

A contractor built a new office tower for the project owner under a design-bid-build project delivery method.  Although the contractor followed the plans and specifications exactly, almost every window on the building quickly developed leaks near the window sill and caused water damage and mold issues behind the walls.  The project owner is irate and threatening to bring both the contractor and the lead designer to court.  Upon investigation, the contractor determined that the leaks were due to the architect’s defective design of the window sill flashing.  In other words, the contractor built exactly what was shown on the plans, but the design on the plans was not correct.  Which legal concept is the contractor’s strongest argument for why the designer should be liable to the owner, and not the contractor?