As public agencies increasingly turn to alternative delivery methods for water infrastructure projects, the application of California’s design immunity protections is becoming more complex. While design immunity traditionally shields public entities from liability when approved plans are reasonable and design changes are thoroughly documented, delegating both design and construction responsibilities to private developers can blur accountability and create new risks.
Maintaining design immunity protections may require agencies to stay actively involved in the design process, even in streamlined delivery models. Clear documentation, formal approval of design decisions and strong contract provisions governing design changes are critical to preserving immunity—particularly as alternative delivery approaches allow for faster design modifications during construction.
As these delivery methods continue to gain traction, public agencies must carefully balance efficiency with oversight to ensure both project success and liability protection.
Read our full article in California Water Views – 2026 Outlook for a deeper look at how alternative delivery methods are reshaping design immunity considerations for water infrastructure projects.