Last year, more than 100 bills were passed in state legislatures across America, dramatically expanding design-build authority at the state and local levels. DBIA and its network of regions and chapters worked very hard at the grassroots level to advocate for expanded design-build authority and utilization; the results speak for themselves.
Legislative victories are gratifying, but they also present a challenge. How can DBIA provide members and researchers with the latest, most accurate information on ever-changing design-build laws?
Last fall, we began researching American design-build statutes, with the intent of compiling this data and posting it on www.dbia.org so visitors can easily access this critical information. The project was challenging: Every state has very different laws, legislative schedules and processes. In addition, some legislatures remained in session until year’s end, resulting in 100 new laws at the state level alone.
Our findings show the diversity among states. Some legislatures pass very simple, straightforward design-build laws. Other states had very arcane procurement laws scattered across their state codes. Added to the mix are states that remain “silent” on design-build, leaving owners and design-build practitioners unclear on whether design-build is permitted. Oftentimes, state laws conflict with local government laws, leaving the question of whether design-build is authorized to be settled by the courts.
The project is now complete, and the information gathered is now available. The report covers all 50 states and Puerto Rico and includes:
- A description of design-build and CM-at-risk laws.
- Citations to the state codes.
- Design-build licensing requirements.
- Additional comments, where necessary, describing design-build processes or information.
Design-build laws constantly change and can be difficult to track at the county and municipal levels. Updating the report will be an ongoing process. Information about Qualifications-Based Selection (QBS) will be added later this year. And, in response to the rapid expansion of design-build at the local level, particularly in the water/wastewater sector, DBIA started compiling a similar report focusing exclusively on municipal and county design-build laws. The goal is to have the report and a water/wastewater procurement map complete by the summer of 2010.
DBIA is committed to remaining the best source of design-build information and the leader in design-build advocacy. Providing the most accurate design-build information in a user-friendly format to both members and the public is an important aspect of that commitment. Our goal is to place comprehensive design-build information just a mouse-click or phone call away.
State Statute Report