When construction projects are undertaken, an architect or building design professional must draft blueprints that dictate how the structure will be constructed. A builder or general contractor will work from the blueprints or a design plan in order to complete the finished project.
In some cases, the design team or designer is hired and works independently of the builder. The design is created and shopped or bid out among contractors before a construction team is selected. In other situations, there is one entity called a Design/Build Team that provides both design and construction services. If there is a single entity responsible for the project, a Design/Build Construction Contract must be created.
Working with a Design/Build Team allows for streamlined project delivery. From the onset of the project, the designer can consider both the client’s desires as well as the practical implications for the build process. However, when there is one team responsible for all phases of the project, it is imperative that the team be skilled, professional and focused on meeting the client’s needs.
A Design/Build Contract must be carefully drafted to protect the interests of the owner/investor who has contracted for the construction project. An experienced real estate lawyer at Lotzar Law Firm, P.C. should be consulted to help with the drafting of the Design/Build Construction Contract.
Is a Design/Build Construction Contract the Right Choice?
A Design/Build Project is an alternative to a Design-Bid-Build Project. Both residential and commercial projects including schools, office buildings, apartments, condo complexes and single family homes have been constructed using the design/build approach.
There are myriad benefits of having one team responsible for designing the finished structure and constructing the structure. Advantages include:
- Speed. Collaboration from the start of the project can make it possible for the construction to be completed in a more timely manner.
- Budget. It can be more cost-effective to have the same team both design and build because the design team has an inherent understanding of the cost to incorporate desired features. The team can also focus on innovation and efficiency from day one.
- Responsibility. There is just one entity responsible for the success of the project and held accountable for the cost, performance and schedule of the construction.
- Risk. The Design/Build Team assumes greater risk because it is clear that the team is responsible for the successful completion of all phases of the project. Warranty gaps are effectively closed and the owner is less likely to need to litigate in order to resolve problems.
The risk of a Design/Build Project is that there is lesser oversight. When there is an independent architect or design team, that professional can hold the build team accountable and work to ensure the project is being completed to specifications. With less outside oversight, a strong design/build construction contract must be created that protects the interests of the investor/owner. Contact Lotzar Law Firm, P.C. today to speak with an experienced real estate lawyer who can assist with the creation of a contract for your Design/Build Project.
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