Skip to main content


TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 74: Liability of State Departments of Transportation for Design Errors covers liability insurance for design errors and omissions. It also examines public construction law, professional liability, and product warranties. This study demonstrates that litigation has defined the parameters of a transportation department’s liability for design errors or omissions. State tort- and sovereign-immunity statutes may shield an agency from liability. If the state has waived its immunity for certain claims, however, the transportation department may still have immunity when it has exercised discretion in the planning or design phase of a project. When a government contractor is acting as an agent of the transportation agency, the contractor may also have a claim. If a contractor is at fault, the agency may be able to recoup any related losses incurred from the contractor. Appendixes A-E and Appendix F are available via online.

Suggested Citation

National Academies of Sciences, Engineering, and Medicine. 2017. Liability of State Departments of Transportation for Design Errors. Washington, DC: The National Academies Press.

Import this citation to:

Publication Info

56 pages |  8.5 x 11 |  Paperback
ISBN: 978-0-309-44614-3

What is skim?

The Chapter Skim search tool presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter. You may select key terms to highlight them within pages of each chapter.

loading iconLoading stats for Liability of State Departments of Transportation for Design Errors...