Design-Build

News & Analysis as of

Emerging Trends in Project Delivery: Design-Build-Maintain Contracting for Surface Transportation Projects

In the modern U.S. history of public-private partnerships, the prevailing project delivery models have been the toll concession and the availability payment contract. In both cases, the private party raises equity and debt...more

2015 California Construction Law Update

Over 2,200 bills were introduced during the second and final year of the 2013-2014 legislative session of which 931 were signed into law. For the design and construction industry, the end of the second session, like the end...more

Ninth Circuit Enforces Waiver of Subrogation Clause in Design/Build Agreement Against Post-Construction Property Insurer

Travelers Indem. Co. v. Crown Corr, Inc., 2014 U.S. App. LEXIS 21101 (9th Cir. 2014) - This action arose out of the construction of the University of Phoenix Stadium (the “Stadium”), home of the Arizona Cardinals. ...more

What Kind of License Do You Need for Design-Build Services in Florida?

Design-build firms are not required to hold a contractor’s license in Florida. They’re also not required to have an engineer’s license. Architect’s license? Nope, they don’t have to hold that one either....more

The Texas Department of Transportation Shortlists Three Development Teams for the Grand Parkway Segments H, I-1 and I-2 Project

On July 31, 2014, the Texas Department of Transportation (TxDOT) issued a Request for Qualifications (RFQ) soliciting qualifications from teams interested in entering into a design-build contract and a comprehensive...more

Orange County Transportation Authority Issues Request for Qualifications for the I-405 Improvement Project

On October 27, 2014, the Orange County Transportation Authority (OCTA) issued a Request for Qualifications (RFQ) soliciting statements of qualifications (SOQs) from qualified firms interested in submitting proposals for the...more

California Takes Significant Strides Toward Design-Build

New Law Consolidates Certain Design-Build Authorizations Under a Single Statute - The adoption of Senate Bill 785 signifies strong movement toward authorizing design-build procurement in California at the state and...more

Patent Rights in Government Contracts

Patents are often a company’s most important asset. Thus, when a company is contracting with the federal government, that company needs to proceed with caution to avoid loss of patent rights. Government contracts can cover...more

High Court Finds No Duty of Care From Builder to Owners Corporation

The High Court has held that a builder of a serviced apartment complex does not owe a duty of care in negligence for financial loss arising from defects in common property to an owner's corporation (Brookfield...more

Major Step Forward for California Design-Build: SB 785 Signed September 30, 2014

With the enactment of Senate Bill 785, the State of California has taken a major step forward in authorizing state and local agencies to use design-build. Although many California agencies have the ability to use...more

Yes, Indeedy. Competitive Bidding Not Required for School District Lease-Leasebacks

Remember when you discovered that the tooth fairy wasn’t real? It was kind of a bummer on one hand learning that it wasn’t a fairy that magically appeared to swap your tooth for cold hard cash, but rather your mom or,...more

Construction Law Alert: “P3” is Way More than a New Buzzword - North Carolina's Approval of Public-Private Partnerships and...

August 23rd marks the one-year anniversary of House Bill 857 (“HB 857”) becoming law in North Carolina. Through the enactment of HB 857, the Tar Heel state opened its doors to what is commonly referred to across the country...more

Building Confidence: Consult an Attorney Before Starting the Construction Process

With high-end residential construction again on the rise in Southwest Florida, owners, contractors, subcontractors, design professionals and others should be proactive and mindful of the various statutory requirements and...more

Massachusetts Superior Court Holds Construction Manager At-Risk Responsible for Design Errors / Holds that Spearin Doctrine Does...

The Worcester Superior Court recently issued a potentially landmark decision clarifying the risk that construction managers assume when entering into CM-At Risk contracts. ...more

Principal Architects on Residential Projects Liable for Construction Defects Outside Their Control; Developers and Owners May Pay...

On July 3, 2014, the California Supreme Court decided the much watched case Beacon Residential Community Assoc. v. Skidmore, Owings & Merrill, LLP. The court held that the “principal architect” “owes a duty of care to future...more

Design-Build Case Study: Drew County Hospital Authority

In the Drew County case, a public hospital authority in Arkansas incurred more than $100,000 in design fees from the design-builder before realizing its design-build contract was prohibited by Arkansas competitive bidding...more

Design-Build Case Study: Pennsylvania Supreme Court Bars PennDOT From Conducting Design-Build Competitions

The Supreme Court of Pennsylvania recently rejected the Pennsylvania Department of Transportation’s Innovative Bidding Tool-kit, including its best-value design-build process for failing to comply with competitive bidding...more

Congressional Budget Office Releases Highway Study on Public Private Partnerships and Design-Build

Earlier this month, the Congressional Budget Office published a study entitled Using Public Private Partnerships to Carry Out Highway Projects. The study addresses two issues: 1) can design-build and PPP models provide...more

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