Design-Build Contracts: Understand Administrative
Challenges, Risks & Keys to Success
Recorded on June 24, 2015
As owners continue to search for faster and more cost-effective ways to procure their projects and as they continue to search for the best project delivery method for each of their projects, the use of the Design-Build format is becoming more and more common. This continuing thrust by owners has led many state legislatures to enact new regulations that change traditional licensing laws that had been impeding the use of this method. The move toward more innovative delivery methods like Design-Build has led to the surety community finding ways to deal with the risks that these new formats present to their traditional underwriting calculus. And it has also led contractors, designers (and their lawyers) to become more aware of the risks presented by these new forms of agreements and to explore joint ventures, new forms of subcontract agreements and insurance products that enable them to grow more comfortable with the format.
Yet the number of troubled Design-Build projects continues to suggest that many of the wrinkles are still being ironed out of this relatively new format and that not all in the contracting community are fully prepared to meet the risks and challenges that Design-Build work presents.
Your colleagues' feedback:
The seminar was interesting and targeted. My experience was positive.
It was really interesting, knowledgeable, simple and straight to the point.
This program clearly presents what the unique burdens are in the Design-Build context. More importantly, the presentation explains how to meet the challenges that those burdens present. The materials used by the experienced instructor explain both the differences in the administration of Design-Build contracts and the differences in the management of the risks that this format presents to each of the stakeholders. The instructor has hands-on experience with this format from each of the contracting perspectives - he has dealt with it on behalf of owners, contractors and designers. Accordingly, this program explains the challenges and the methods for meeting those challenges from each of those perspectives.
Topics include an in-depth description and analysis of the advantages and disadvantages of this contracting format and an explanation of why the Design-Build format is becoming more common. The materials describes the up-front burden that must be met by the owner and its consultants in preparing and articulating project requirements, and examples that demonstrate methods for meeting that burden will be explored and presented. The instructor describes factors that the owner and its consultants should consider when determining what should be in the request for quotation (RFQ) and the request for proposal (RFP), and how to develop and implement the Design-Builder selection process.
The design review process that takes place as the Design-Builder proceeds with its work can be a fertile territory for disputes and misunderstandings, so a segment of the webinar is devoted to setting forth design review do’s and don’ts. Differences in how to identify and measure “changes” in the Design-Build context will be explained.
Lsiten to this information-packed presentation to:
- Understand the fundamental differences between Design-Build contracts and other contracts
- Articulate why this project delivery method is becoming more common and what tools stakeholders are using to enter into the Design-Build arena
- Find ways to better meet the challenge of articulating a complete and effective set of project requirements
- Learn what an RFQ should focus on
- Get a better understanding of what the RFP needs to include and see examples of effective outlines
- Evaluate how and why the submittal process is more important in the Design-Build context
- Design review do’s and don’ts for both submitters and reviewers
- Understand how and why the definition of a change is different when working in the Design-Build context
- And much, much more!
Who Will Benefit?
Owners, contractors and engineers who are (or soon will be) working on a Design-Build project delivery and who want to enhance their practical working knowledge of design-build contracts and learn to avoid the pitfalls of this innovative project delivery format should attend this program. Attorneys for owners, contractors, and engineers who want to familiarize themselves with the practical application of typical Design-Build contract provisions and improve their ability to tailor Design-Build contract clauses to better meet the specific strengths and weaknesses of their clients can benefit from this presentation.
This event features key insights from our knowledgeable construction expert:
Richard E. Burnham, construction industry executive and attorney, recently retired as director of Trauner Consulting Services, Inc. Mr. Burnham brings years of hands-on experience with all types of projects and a spectrum of contract delivery methods from a variety of perspectives. His past experience includes serving as a Vice President of a major international contractor whose $1 billion plus annual revenue included major building and heavy construction projects for both public and private clients, a senior manager of a major engineering company, an advisor to public transportation agencies and an expert witness regarding the proper administration and analysis of changes, delays, and damages.
Mr. Burnham, a former adjunct professor at a highly regarded engineering college, has lectured on litigation avoidance, analysis of construction claims and critical path method scheduling. He holds a B.A. degree in economics from Georgetown University and received his J.D. degree from Villanova University School of Law.