Public and private purchasers of design and construction services are demanding more efficiency and collaboration from their project participants. At the same time, they are refusing to accept some of the common risks associated with the design and construction processes. The industry is responding to these demands by exploring new and innovative project delivery methods and tools.
The design build project delivery method (including what is becoming known as integrated project delivery) is more widely accepted in both the public and private sectors. With the explosion of interest in Building Information Modeling (BIM) — the preferred tool of integrated project delivery — this trend is not likely to change. In all, 47 states allow public contracts to be performed via design build, and sectors of the federal government are making it their preferred procurement method.
Integrated project delivery (IPD) creates unique legal challenges in both the public and private sectors. Public design build procurement and competition raises unique legal and business challenges for public owners and the industry participants who compete for these contracts and perform this work. We advise clients in these sectors on navigating design build procurement statutes, selecting critical project participants, finding projects and structuring contract documents and terms.
In the private sector, design builders face an elaborate scheme of state licensing requirements and insurance challenges that threaten their ability to offer blended architectural/engineering and construction services. Our lawyers have evaluated these requirements throughout the country and have helped clients perform design build contracts in many jurisdictions.
Baker & Daniels' construction lawyers are also at the forefront of the IPD movement in their role as legal counsel to the Great Lakes Region of the Design Build Institute of America (DBIA). DBIA (www.dbia.org) is an association of leaders in the design and construction industry utilizing design build and integrated project delivery methods to achieve high performance projects.