{"id":897106,"date":"2020-02-25T14:40:42","date_gmt":"2020-02-25T21:40:42","guid":{"rendered":"https:\/\/www.myconstructionexpert.com\/blog\/?p=897106"},"modified":"2020-02-25T14:40:51","modified_gmt":"2020-02-25T21:40:51","slug":"construction-contracts-with-design-build-components","status":"publish","type":"post","link":"https:\/\/www.myconstructionexpert.com\/blog\/construction-contracts-with-design-build-components\/","title":{"rendered":"Design-Build Lite \u2013 Construction Contracts with D-B Components"},"content":{"rendered":"\n

Colm Nelson | Ahead of Schedule<\/a><\/p>\n\n\n\n

For most in the industry, when we think about a standard construction contract, we envision the construction documents being drafted by the architect and other design consultants.  We tend to view the project as design-price-build, unless an alternative procurement mechanism has been selected such as design-build.  Consistent with this design-price-build model, the contractor\u2019s review of the design is ordinarily not to identify errors and omissions or violations of law in the design, but purely to review the design from a contractor\u2019s constructability standpoint.  Many contractors doing this work don\u2019t carry professional liability insurance, because they don\u2019t view themselves as designers.<\/p>\n\n\n\n

But the market has changed a lot over the last ten years.  Nowadays, when owners and contractors drill down with their lawyers to discuss risk, they often realize that, in fact, the contractor is performing  a lot of design work.  For instance, it is not uncommon for the contractor, through its subtrades, to design the mechanical, electrical, and plumbing systems to performance standards created by the owner and\/or provided by code.  In fact, fire sprinkler systems have been designed by the trades for a long time.<\/p>\n\n\n\n

In addition, there is a certain amount of design work involved in the construction process itself.  For instance, designs of shoring and forming systems may involve a professional design component.  Taken together, for larger projects, a significant amount of design risk may actually be assumed by the prime contractor.  In light of this, the parties should consider a number of factors when negotiating a standard construction contract.  Some questions to consider are as follows:<\/p>\n\n\n\n