When a proposal for a design construction project is established, the design professional`s fees are based on certain assumptions of the design professional, including, but not limited to, the extent of performance, the expected schedule of the project, the partners of the design construction team, and the terms of the design agreement. As with any project, the terms of the design agreement significantly influence the risk that the design professional takes on in a design construction project and should be considered from project to project. Design-build contract documents are used whenever an owner commissions a company to perform both the design and construction work, whether it is a new building or a renovation project. The “design creator” is generally a general contractor who transfers an architect with the execution of the design work to subcontractors or The Council. If the design professional has a “seat at the table”, when it comes to negotiating the primary design agreement, the design professional is able to identify and possibly modify provisions that increase the design professional`s exposure to uninsurable requirements. If the design professional is not consulted on the terms of the design prime contract, this can create an increased risk for the design professional without increasing the corresponding remuneration. While the provision of contributions to the main construction contract does not guarantee that the modifications requested by the design professional will be accepted by the owner, the design professional will have the opportunity to discuss risk factors with the contractor so that the design professional`s teammate understands the risks inherent in the main design agreement (from the design professional`s point of view), which may or may not be passed on to the design professional. A recent study suggests that almost all homeowners (97%) face contingencies from at least part of their project; However, architects (42%) and developers (32%) have the perception that less than half of the projects they work on have contingencies.  An eventuality may be maintained by the owner or included in the design team`s proposal (or both). In its publication Design-Build Done Right: Best Design-Build Practices, DBIA recognizes three “best practices” for the form of design construction project contracts: While design professionals may be wary of the risk of claims on a design construction project, contractors find that design delivery reduces their risk of litigation more strongly than Bid-Build or CM-at-Risk design projects.  If the contractor and design professional are able to cooperate effectively, communicate and work as a team, the design professional may be better able to control risks in a design construction project than in a bid-build design project where more contradictory dynamics may occur. In this sense, the 2014 version of the design Build documents dates back to the AIA 191 Design Build Part I and Part II format of 1997.
The 2014 design build documents move away from the 2004 version, as the pricing agreement for the entire project was set in advance even for incomplete design plans. This step makes sense because it would be difficult to set a contractual amount without finalizing the project plans and specifications. It is important to understand the role that the design professional will play in preparing and submitting a proposal for a design construction project. The prudent design professional should ask the following questions before signing a team agreement or joint venture agreement: Accepting schedule-related commitments can represent an uninsurable risk for the design professional: this list contains several key questions that the design professional should consider when negotiating a design agreement for a design project, but does not replace the consultation of a lawyer, who is familiar with the law of the jurisdiction in which the project is located. While the DBIA recognizes that the “best practice” is that the master design agreement meets the expected standards of care for design services, contractors who have limited experience with design professionals are often ill-equipped to negotiate standard care issues with the owner. . . .