In addition to the long-awaited release of Design-Build Lessons Learned – Case Studies from 2004, this year marks the 10-year anniversary of the Design-Build Lessons Learned series. The 10-volume collection of publications, spanning from 1995 through 2004, is an in-depth analysis of hundreds of judicial cases, each case dealing with a significant legal issue in the practice of design-build project delivery.
Michael Loulakis, a past DBIA board member and the lead drafter of the DBIA contract family of standard forms of agreements, is the author of the Design-Build Lessons Learned series. Throughout the series, Loulakis (a prominent writer, speaker, and legal authority of the design-build movement) examines numerous legal cases that address a wide variety of pertinent issues involving owners and building professionals in design-build. Cases include single point of responsibility, public sector procurement, ownership rights of design, and teaming challenges.
Through these publications, Loulakis analyses each case in a legal brief format, whereby he cites in great detail the facts concerning each case and raises the legal issue or question involved. Thereafter, he states the judicial decision handed down and provides the rationale behind the ruling. Finally, and most significantly, he concludes each case study with a “Lessons Learned“ passage, in which he cites the design-build participants’ mistakes in an effort to inform the reader about how to avoid making the same errors.
The early editions of the Design-Build Lessons Learned series (first published in the mid-1990s) averaged only 15 cases. Over the years however, the number of cases within each edition have expanded considerably. The recently released 2004 edition features 58 cases dealing with standard topics prevalent in previous editions such as teaming relationships, jobsite safety, and insurance issues. In addition, the new edition touches on issues not previously discussed in the Lessons Learned series such as design-build contract formation and default termination in the public sector.
The new release also explores a wide variety of topics in design-build with respect to the public sector. As Loulakis contends, design-build has experienced considerable growth in recent years as many public owners have found the delivery method to be a more effective, cost-efficient approach than traditional project delivery methods.
While the 2004 Lessons Learned features numerous cases dealing with government and design-build practice, it devotes two specific sections that address unique public sector topics: procurement and bid protests. “The Public Sector Procurement Challenges” section covers six cases that address legislative, procurement, and contractual matters in design-build and governmental agencies. The second section, “Bid Protests,” examines three cases dealing with a privatization initiative by a federal agency, a Multiple Award Construction Contract (MACC) for design-build services, and alternatives and options in proposal consideration. The analysis of the three cases provides invaluable “lessons learned” in proposal evaluation and selection processes by public agencies.
To place an order for Design-Build Lessons Learned – Case Studies from 2004 or the complete Design-Build Lessons Learned Library, please visit the Online Bookstore. The cost of the 2004 edition of Design-Build Lessons Learned is $80.00, or $50.00 for DBIA members. The cost for the complete Design-Build Lessons Learned library is $425.00, or $299.95 for DBIA members, plus shipping and handling. DBIA will reduce this cost by five percent for orders received by November 30, 2005.
Special Note: Be on the lookout for the 2005/6, Fall/Winter edition of the DBIA Publications Catalog. In addition to showcasing some the most popular and informative references ever published about design-build, the new edition also features seven new titles (including the subject of this month’s “Publication Focus” feature) that address critical practices in the design and construction industry. A copy of the catalog is being mailed to all DBIA members.