DESIGN-BUILD CONTRACTING FOR PUBLIC ENTITIES or STARING INTO THE FOG

1. Design-Build as a Mechanism for Project Delivery
2. Who Can Do It, Who Can't, and Why
3. A Few Factors to Consider in Deciding Whether to use Design-Build Procurement
4. Special Legal Issues Related to Owner's Remedies
5. Special Issues Regarding the Character of a Project as a "Public Work"
6. Some Last Advice

Abstract

Basic feature of Design-Build is the provision of both design and construction services by the same entity.

An excitingly broad range of new contracting modes has now become available to Texas school districts, and may well spread to other local entities as well. But they are untried, and the statutes authorizing them are poorly integrated into the previously existing body of procurement and related law. The next few years will see some of this worked out, but in the meantime there's no telling how many well-meaning public entities could get in over their heads.

So, before deciding to go design-build:
Talk it over with your business attorney
Talk it over with your bond attorney
Talk it over with your insurance agent
Talk it over with other people who have had some experience already

And make sure everybody has malpractice insurance.

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