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Media Advisory
For Immediate Release:
4/30/2009 12:00 AM
Susan Hines
Director, Public Relations
shines@dbia.org
202-682-0110
New Design-Build Model Contracts “Raise the Bar”
WASHINGTON, D.C. — The Design-Build Institute of America, the leading advocate and resource center for design-build industries, announced that it will releasenew design-build model contracts on May 7th. The new documents build on DBIA’s first edition of model contracts released in 1999, but recognize that design-build participants need to be provided more flexibility and that a “one size” contract cannot fit all situations. The initial release will focus on the owner and design-builder documents including Lump Sum Agreement, Cost Plus with an Option for a GMP Agreement, and General Conditions. DBIA plans to release new subcontractor and design consultant agreements this fall.

“In the 10 years since the first edition of the DBIA documents were released, the design-build industry has grown by leaps and bounds. The number of owners employing the design-build delivery method has exploded, and industry has a much better understanding of the keys to a successful design-build project,” says Tom Porter, DBIA National Board Chair. “In addition, a body of case law has evolved addressing issues unique to the design-build delivery method. The time is ripe for DBIA to release its next-generation of documents.”

The new documents adopt a menu approach that allows parties to customize contracts to their unique project, emphasizing that there is more than one way to address a particular contractual issue. This menu approach will facilitate the process by which parties can address difficult contractual issues at the outset of their relationship and arrive at a contract tailored to the unique project and each party’s risk tolerance.

DBIA has raised the bar in that these new contracts also respond to some of the more contentious issues that have arisen over the last 10 years in the design-build industry. For example, the new contracts better address “scope of work” issues by developing a more comprehensive framework to ensure that the owner’s and design-builder’s expectations on scope are more closely aligned. They address — head-on — an owner’s use of prescriptive specifications in its project criteria in a manner consistent with case law that has developed over the last 10 years.

Advances in the industry over the past decade are also addressed including sustainable design, building information modeling and electronic data. In addition, the documents provide parties with an insurance matrix that will help guide them — in consultation with their insurance brokers — on their insurance needs.
 
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About Design-Build Institute of America (DBIA)
The Design-Build Institute of America (DBIA) is an association of leaders in the design and construction industry utilizing design-build and integrated project delivery methods to achieve high performance projects. Founded in 1993 and headquartered in Washington, D.C., DBIA proudly stands as the only membership organization bringing together thousands of organizations and individuals representing architects, engineers, public and private owners, general and specialty contractors, manufacturer and suppliers, students, college and university faculty, legal and finance professionals, and many more. In summary, DBIA is the design and construction industry's hub — the only organization that makes whole the industry's many parts.
 
For more information, please contact:
Bennett Greenberg, Seyfarth Shaw, LLP
(202) 828-5336
BGreenberg@seyfarth.com