Design-Build Projects: Key Issues; Drafting to Mitigate Risk for Contractors, Design Professionals, and Owners
Defining the Parties Relationship; Standard of Care; Performance Warranties; Licensing Requirements; and More
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will provide practitioners with an in-depth look at the design-build project delivery method. The expert panel will provide insight into issues unique to each project participant involved in a design-build project, as opposed to the more traditional design-bid-build method, and describe best practices for customizing the project agreement to mitigate risk for owners, contractors, and design professionals.
- Introduction: overview of the design-build project delivery method
- Issues unique to design-build projects vs. design-bid-build projects
- Relationship between the project participants and duties of loyalty
- Standard of care
- Performance warranties
- Entitlement to change orders
- Licensing requirements
- Insurance/bonding considerations
- Taking the issues into account: project agreement drafting considerations
- Team structure
- Financial terms
- Risk shifting and legal liabilities
- Design phase services
- Construction phase services
- Dispute resolution
- Other considerations
- Practitioner takeaways
The panel will review these and other important considerations:
- What are the advantages and disadvantages to using the design-build project delivery method as compared to the more traditional design-bid-build method?
- How does the relationship between the parties, including standard of care, differ using the design-build method?
- What business considerations are unique to the design-build method, such as licensing requirements and insurance/bonding?
- What are unique terms and best practices for drafting design-build project agreements to best protect each project participant?
Mr. Leonelli’s practice focuses on dispute resolution and strategic counseling in the areas of construction and... | Read More
Mr. Leonelli’s practice focuses on dispute resolution and strategic counseling in the areas of construction and engineering, manufacturing/supply, commercial disputes, energy (renewable and conventional), and international arbitration. As a part of his construction practice, Mr. Leonelli represents owners and contractors on public and private construction projects globally. He services his clients through all project phases as both project counsel and litigation counsel. Representative projects include wind farms (offshore and onshore), battery storage facilities, solar fields, power plants, coal mines, oil refineries, wastewater treatment facilities, rail and road infrastructure, telecommunications infrastructure, manufacturing facilities, and commercial office buildings, among many others.Close
William D. Wickard
Mr. Wickard concentrates his practice on construction and commercial litigation along with negotiating and drafting... | Read More
Mr. Wickard concentrates his practice on construction and commercial litigation along with negotiating and drafting construction contracts. He has worked on a wide variety of projects (both international and domestic), including oil and gas, offshore oil production facilities, power plants, manufacturing plants, railroads, solar power facilities, wind farms, water treatment plants, steel mills, dams, and health care facilities. Mr. Wickard has been involved in all phases of litigation in a number of state and federal courts, including jury trials, bench trials, injunction and TRO proceedings. He also has handled numerous appeals in several different state and federal jurisdictions. Mr. Wickard also has significant experience with arbitration proceedings. Mr. Wickard has also drafted and negotiated numerous construction contracts, including EPCs, subcontracts, design contracts, and supply contracts, for many different domestic and international projects. Mr. Wickard also represents clients in connection with public procurement issues and has extensive experience in all phases of bid protest proceedings throughout the country.Close
Wolfe is a member of the Construction and Infrastructure practice group. She focuses her practice on assisting clients... | Read More
Wolfe is a member of the Construction and Infrastructure practice group. She focuses her practice on assisting clients in a variety of disputes involving construction projects, including construction agreements, design and construction defect claims, and payment claims, among others. Ms. Wolfe also handles general complex commercial litigation related to contract, real estate, and development matters. She represents clients in arbitrations, as well as jury and bench trials in state and federal courts. In addition, Ms. Wolfe advises entities on other regulatory and standards issues including building codes, National Fire Protection Association codes and standards, and Facility Guidelines Institute guidelines.Close