An industry standard, DBIA’s contract documents are now fully updated to address today’s
concerns, relevant case law.
Washington, DC, July 19, 2010 – DBIA introduced a family of standard
contract document forms over a decade ago. Since then, the number of
owners relying on the design-build project delivery method has increased
exponentially. In the process, design-build team members have gained
expertise and case law has evolved to address issues unique to
design-build. In response, DBIA has released the next generation of
contracts that address these issues and incorporate industry advances of
the past decade.
“DBIA contracts remain the most balanced design-build forms in the
industry,” says Michael C. Loulakis, Esq., DBIA, President and CEO of
Capital Project Strategies, LLC, and a member of the DBIA committee
charged with the revisions. “The refinements made to the contracts allow
the parties flexibility to consider a variety of commercial approaches —
all consistent with current best practices.”
The 2010 documents reflect DBIA’s original risk allocation approach
that distributes risk to the participant best able to manage it in the
most cost effective manner. And, like the originals, the new documents
recognize the need for flexibility. As a result, the new contracts are
user-friendly documents that are short on legalese and allow parties to
customize contracts to their projects.
There is more than one way to address any contractual issue — be they
time-related provisions or ones specifying ownership of design
documents. “The menu approach will encourage the parties to discuss
difficult contractual issues at the outset of their relationship,”
explained Bennett Greenberg, Esq., DBIA, a partner at Seyfarth Shaw LLP,
and the Chair of the DBIA Contract Committee. “These conversations help
owners and the design-build team arrive at a contract tailored to the
unique project and each party’s risk tolerance.”
The new generation of documents also responds to some of the more
contentious issues of the last 10 years. Scope of work, for example, is
addressed through a more comprehensive framework that ensures owner and
design-builder expectations are more closely aligned. The owner’s use of
prescriptive specifications in project criteria is dealt with in a
manner consistent with recent case law. Moreover, exhibits pertaining to
sustainable design, building information modeling and electronic data
handling round out this new edition of DBIA Contract Documents.
DBIA Contracts are available individually or as a set. Order these downloadable Microsoft Word documents at www.dbia.org or call 202-682-0110.
The Design-Build Institute of America (DBIA) was founded in 1993 in
response to the emergence of design-build and integrated project
delivery as a significant force in the design and construction industry.
From its headquarters in Washington, DC, and network of chapters
throughout the U.S., the Institute provides a forum for all participants
in the design-build process, owners and practitioners alike. DBIA is
the center of expertise for integrated project delivery, advocating best
practices, creating and disseminating educational information, and
furnishing advice and support to facility owners and users.
Web site www.dbia.org
Phone (202) 682-0110
placing value in whatever you choose as a
