Design-Build
The American Institute of Architects supports the design-build
approach to project design and construction. The AIA stresses that
the leader of a design-build team should be a licensed architect or
professional engineer. The AIA urges state legislators to support
alternative delivery methods such as design-build on projects in
which its selection would result in quality and cost-effective
design and construction.
In the design-build method, a project's design and construction are
included within one contract. This allows cost savings on a number
of fronts. First, administration costs are lowered as there is only
one contract to monitor. This is contrary to more traditional
approaches where design, construction and other needs are covered
by several contracts. Second, the possibility of costly design
changes may be eliminated as construction and design are done
simultaneously. When unexpected design changes are needed, it is
easier and less costly to alter the design during the design phase
rather than ordering a change once the design phase is completed.
In addition, by using a single contract for both design and
construction, the owner does not have to coordinate the activities
of the designer and builder since one party is responsible for both
functions. Design-build also enhances the quality of the work
performed. The AIA strongly advocates that qualifications of the
design firm, not price, be the determining factor in choosing a
design firm for a public project. Design-build incorporates this
concept.
Design-Build Laws
in the States
The following map displays states that allow the
alternative project delivery process of design-build.
 |
Green =
Design-build is permitted by all agencies for all types of design
and construction
Red = Design-build is widely
permitted
Yellow = Design-build is a
limited option
Alabama
Not specifically authorized for public agencies.
Alaska
Design-build is permitted by all agencies for all types of design and construction
Arizona
Design-build is permitted by all agencies for all types of design and construction.
Statute 28-7361
Statute 7362
Statute 7363
Statute 7364
Statute 7365
Statute 15-213
Statute 341
Statute 2002
Statute 41-2503
HB2365-A Senate amendment to this bill
establishes a theme park and vehicle support district in which
there is a provision that gives the district the option of using
alternative delivery methods, such as design-build and QBS in order
to expedite the process. Signed by Governor 5/4/05
HB2579-Emergency measure making numerous
changes and additions to the statutes governing the procurement of
professional and construction services. Signed by
Governor 4/20/05
Arkansas
Design-build is a limited option.
Statute 27-67-206
Statute 19-11-807
SB1093-Bill concerns the use of design-build construction by public school districts; allows for D-B without competitive bidding. Delivered to the Governor and Notification was given that SB1093 is now Act 2155. 4/18/05
California
Design-build is widely permitted
SB287-Amends Public Contract Code 20133
to add Placer County to the list of counties and it also repeals
the sunset provision. Enrolled. To Governor
– 9/7/05
AB1511-This bill extends County design-build authority to
January 1, 2011. The bill also adds the Counties of Butte, Del
Norte, Fresno, Humboldt, Madera, Mariposa, Mendocino, Merced, Napa,
Placer, San Joaquin, San Luis Obispo, Shasta, Siskiyou, Stanislaus,
Yolo, and Yuba to the list of counties sanctioned to use
design-build. Enrolled. To Governor
– 9/6/05
AB1663-This bill amends Section 8169.6 of
the Government Code, relating to state building construction.
Authorizes design-build as an option for a project in Sacramento.
Enrolled. To Governor
– 9/15/05
AB1329-This bill allows cities to use
design-build within specified provisions. It also requires that at
least 50% of the weighting be given to price, technical design and
construction expertise, life cycle costs over 15 years or more,
skilled labor force availability, and acceptable safety record.
Approved by Governor
– 9/6/05
AB1725-This bill would allow design-build
to be used for the creation of additional
veterans’ homes in
Lancaster, Saticoy, West Los Angeles, Fresno County, and Shasta
County. Enrolled and to the Governor
– 9/7/05
Colorado
Design-build is a limited option.
Statute 43-1-1401
Statute 1412
Connecticut
Design-build is widely permitted.
Statute 173-10-282-289f
HB6948-The bill authorizes the State
Board of Education to establish a pilot program, for three years,
allowing two construction projects per year utilizing a
design-build contract. Signed by Governor 7/13/05
Delaware
Design-build is a limited option.
Florida
Design-build is permitted by all agencies for all types of design and construction.
Georgia
Design-build is permitted by all agencies for all types of design and construction.
Statute 43-4-14
Statute 32-2-81
HB530
SB231-This bill allows the Department of
Transportation to use design-build when contracting for state
projects, with a cap set at 15 percent of the total projects
from the previous year being the total amount they may contract.
Signed by Governor 5/9/05
Hawaii
Design-build is permitted by all agencies for all types of design and construction.
Statute 3-122-43, 45, 46
Statute 36-35103D-303.5
Idaho
Design-build is permitted by all agencies for all types of design and construction.
Statute 67-5711A
Statute 67-2309
Illinois
Design-build is a limited option.
Indiana
Not specifically authorized for public agencies**
Currently limited to transportation
districts, sewer and water districts, and home-rule
communities.
Current language does not limit design-build by project time or
size
SB0244-Design-build public works projects. The bill authorizes a state agency, state educational institution, body corporate and politic created by statute, county, city, town, or township to enter into a design-build contract for the performance of a public works project. It also establishes procedures for solicitation and award of a design-build contract. Signed by Governor 4/25/05
Kansas
Design-build is widely permitted.
Statute 75-37,142
Statute 75-37,143
Statute 75-37,144
Statute 75-37,145
Statute 75-37,146
Statute 75-37,147
Kentucky
Design-build is permitted by all agencies for all types of design and construction.
Statute 45A.180
Statute 45A.181
Statute 45A.182
SB49-A bill reorganizing the executive branch of government. Includes provisions for procurement of design services using alternative delivery methods including design-build. Establishes procedures for procurement in which design-build may be used after first examining design-bid-build and finding that design-build would offer better value to taxpayers. Signed by the Governor 3/16/05
HB239-The bill deals specifically with
financing the state’s
community and technical colleges. It contains a provision allowing
for alternative delivery methods in capital construction projects,
including design-build and others. Projects delivered on the
design-build basis or construction management-at-risk basis shall
be procured in accordance with KRS 45A.180. Signed by Governor
3/8/05
HB267-The Transportation Department is
authorized to contract for up to five different road related
projects to be completed through design-build contracts. Signed
by Governor, delivered to Secretary of State 3/22/05
Louisiana
Design-build is a limited option.
Statute 48.250.2
Statute 48.250.3
Maine
Design-build is widely permitted.
Statute 48.2505-1743
Statute 23-753A
Maryland
Design-build is widely permitted
Statute 4-126
Statute 3-602
Statute 3-102
Massachusetts
Design-build is a limited option.
Statute 149A
Statute 14
Statute 15
Statute16
Statute 17
Statute 18
Statute 19
Statute20
Bill passed in 2004, SB2358, that permits alternative project
delivery on projects over $5 million. CM at-risk and a broad use of
design-build are authorized.
Michigan
Not specifically authorized for public
agencies**
Minnesota
Design-build is a limited option.
Statute 2005 Minn. ALS 78
Statute 2005 Minn. Ch. Law 78
Statute 2005 Minn. S.F. No. 1335
SF1335-Bill regulating state construction contracts. The
commissioner may choose to use design-build or construction manager
at risk as long as it accords with sections 16c.32 and 16c.33. As
it relates to UMN the trustees, rather than the commissioner will
follow this ruling. Signed by Governor 5/24/05
Mississippi
Design-build is a limited option.
Chapter No. 504 Senate Bill No. 2486
Statute 2005 Miss. ALS 504
SB2734, passed in 2004, gives the
Mississippi Transportation Commission design-build authority on
pilot projects. Projects cannot exceed $10,000,000.00, no more than
3 projects are allowed per fiscal year; and no project with an
estimated cost of more than $50,000,000.00 can be completed.
SB2486-This bill allows the Department of
Finance and Administration to use design-build as an alternative to
traditional methods in the following pilot projects: (1) Projects
for the MS Dev. Authority pursuant to agreements between both
gov’t entities (2) Any
project under $10 million, not to exceed two projects per year (3)
Any project over $50 million, not to exceed one project per year.
In accordance with this the Department will have to establish
detailed criteria, records, management goals, etc. for this
purpose. Signed by Governor 4/20/05
SB2746-This bill will levy a sales tax on
contractors of 3.5% for projects costing more than $10,000.
However, if the total project costs over $100 million then design
and engineering services are excluded from the tax. Signed
by Governor 3/21/05
Missouri
Design-build is a limited option.
Statute 221.500
Statute 227.107
Statute 327.465
Montana
Design-build is a limited option.
Statute 60-2-134
Statute 135
Statute 136
Statute 137
Ch. 113 Senate Bill 56 (2005), Ch. 574 Senate Bill 342
(2005)
SB0342-Bill is entitled:
“An act creating an
alternative project delivery contract process for certain
construction projects of state agencies and certain local
governments; establishing requirements that must be met in order to
use an alternative project delivery contract; requiring
justification for an alternative project delivery
contract…â€Â
also, requires certain local
gov’t that choose
alternative delivery to explain their reasoning for selecting a
contractor. Signed by Governor 5/2/05
SB0056-This act reduces the number of
members on the design-build contracting board by two. It cuts one
representative from the highway construction industry and one from
the highway design and engineering industry. Signed by Governor
3/24/05
Nebraska
Design-build is a limited option.
The state does have legislation concerning
D-B on public projects. It is limited to school projects,
“Nebraska Schools Construction
Alternative Act,†and there
are only a certain number of demonstration projects that can be
performed per year. These projects are ranked for the effectiveness
of this method, in order to see if further modifications need to be
made.
The project designer is forbidden from taking part in the d-b
process.
Statute 79-2001
Statute 79-2002
Statute 79-2003
Statute 79-2004
Statute 79-2005
Statute 79-2006
Statute 79-2007
Statute 79-2008
Statute 79-2009
Statute 79-2010
Statute 79-2011
Statute 79-2012
Statute 79-2013
Statute 79-2014
Statute 79-2015
Nevada
Design-build is permitted by all agencies for all types of design and construction.
Statute
338.148-155,175-177,180,1711-1727
New Hampshire
Design-build is a limited option.
Statute 228:4
Ch. 55 House Bill 263 (2005)
HB263-This bill focuses on design-build
and construction management methods on major state capital
projects. It allows for the option in statewide transportation
improvement projects of up to $5 million to be completed using d-b
delivery. Signed by Governor 5/23/05
HB0644-In the Major Projects section of
this bill it discusses capital budget projects and that they may
use design-build based on an RFP provided that these projects are
expressly authorized while the general court is in session or by
the fiscal comm. when the General Court is out of session. The
commissioner will also report on the outcome of any design-build
project within 90 days of completion.
Statewide transportation projects under $1,000,000 may also utilize
design-build with the restrictions listed above. Signed by
Governor
New Jersey
Design-build is a limited option.
Licensing Regulations 13:27-7.A.1-6
New Mexico
Design-build is widely permitted.
Statute NM ST 13-1-119.1
Statute NMAC 1.5.7.7
Statute 16.30.6.10
HB720-This bill allows competitive sealed
proposals for design-build procurement of projects when the primary
purpose is to conserve natural resources. Bill passed
SB455-The bill requests the Council to
create criteria for use in public school capital outlay projects.
In doing this they should examine the feasibility of design-build
delivery in these projects. Bill passed
New York
Design-build is a limited option.
North Carolina
Design-build is a limited option.
Statute 136-28.11
North Dakota
Design-build is a limited option.
Transportation statute.
HB1260-This bill authorizes a legislative council study of delivery methods, including: multiple bids vs. single prime bids, construction management, professional liability and indemnification, and design-build. Signed by Governor 3/15
Ohio
Design-build is a limited option.
Statute 4703.182
Statute 4703.332
Oklahoma
Design-build is a limited option.
Statute 61-202
HB1564-Design-build shall not be used
without the approval of the Director of Central Services when
funded by state funds and/or authorized by the legislature. In
those instances where it is used construction administration shall
be performed by the State Construction Administrator, the
Administrator's designee or designees or otherwise by contract or
contract provision approved by the Director of Central Services for
construction administration by another party. However,
municipalities, counties, and other political subdivisions do not
need state approval to use design-build delivery
services. Signed by Governor 4/19/05
Oregon
Design-build is permitted by all agencies
for all types of design and construction.
Statute 383.005
An amendment to the Practice of Architecture Act recently passed
which clarifies that a design-builder can contract for
architectural services with a client.
HB2214, SB136-Bills referring to design-build
generally as it relates to performance bonds and energy savings
performance contracts. Signed by Governor 5/31/05,
6/7/05
Pennsylvania
Design-build is widely permitted.
Statute 62 Pa.C.S. § 322
Statute 63 P.S. § 34.3
Statute 63 P.S. § 34.15
Rhode Island
Not specifically authorized for public agencies**
South Carolina
Design-build is a limited option.
Transportation statute.
South Dakota
Design-build is permitted by all agencies for all types of design and construction
Statute 5-18-26
Statute 5-18-28
Statute 5-18-30
Statute 5-18-32
Statute 5-18-33
Statute 5-18-35
Statute 5-18-37
Statute 5-18-39
Tennessee
Design-build is permitted by all agencies for all types of design and construction.
Currently the State Architect has convened a series of task forces to create policies on best value contracting, design-build, CM at risk, and D/B/B improvements. Outcome of these task forces will be adopted as policy by the State Building Commission, not legislation.
Texas
Design-build is widely permitted.
Educ. Code § 44.036
Local Gov't Code § 271.111
Local Gov't Code § 271.119
HB1573-Bill provides a definition of the
practice of architecture. Design-build is referenced as one of the
appropriate project delivery methods an architect can use. Sent
to the Governor 5/20/05
Utah
Design-build is permitted by all agencies
for all types of design and construction.
Statute 63-56-105703
Statute 11-39-101
Statute 11-39-103
HB0176-Technical change bill that includes
a definition of design-build. Signed by Governor
3/11/05
Vermont
Design-build is widely permitted.
Statute 29-5-161
Virginia
Design-build is permitted by all agencies for all types of design and construction.
Statute 2.2-4301
Statute 2.2-4303
Statute 2.2-4306
Statute 2.2-4307
Statute 2.2-4308
Statute 2.2-4317
Statute 33.1-12
There are not statutory provisions that mandate an architect or
engineer head up the design-build team, pursuant to HB2863.
HB2863
SB1306-The bill contains a provision
allowing for a licensed contractor to bid for design-build
contracts, but architectural, engineering, and land surveying
services must still be performed by licensed purveyors. Signed
by Governor 3/21/05
SB1090-Bill concerning contractors in the
state, which allows for architects and engineers to bid for
design-build contracts, but specifies that construction services
must be completed by a licensed contractor. Signed by Governor
3/21
HB2793-This bill creates the
Transportation Partnership Opportunity Fund which is to be used by
the Governor to promote design-build transportation projects.
Signed by Governor 3/26/05
HB2084-Bill authorizing the Commonwealth
Transportation Board to award a certain amount of design-build
construction projects. Annually five d-b contracts can be awarded
for projects under $20 million, and contracts over $20 million will
be awarded pursuant to no more than five being in force
simultaneously. Governor: Acts of Assembly Chapter text
(CHAP0919) 4/12/05
HB2051-Bill on VA Public Procurement Act,
which states that construction can only be procured with
competitive sealed bids, except for in certain cases including
fixed price design-build basis. Signed by
Governor 3/21/05
Washington
Design-build is widely permitted.
Statute 39.10.051
HB1830
SB5768-The bill establishes an
independent oversight committee on traditional and alternative
public works contracting procedures. Signed by
Governor 5/10/05
SB5285
HB1357-Wastewater treatment bill.
Includes definition of design-build used in previous code.
Signed by Governor 5/13/05
West Virginia
Design-build is permitted by all agencies for all types of design and construction.
There is no limit on project type. But, the
public agency must have the Design-Build
Board’s approval.
Criteria the board is looking for include, early cost
identification, quick delivery, and close coordination of the
design and construction professionals.
A contractor, architect, or engineer may lead the design-build
team. Whomever leads may subcontract the other professions.
The only statutory limitations that may be a hindrance for an
architect leading the team is the ability to obtain bonds and
insurance.
5-22A-1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 15,
16
HB2592-A bill to amend the code of West
Virginia to add to it a new section related to the design-build
procurement act. This section deals with the Design-Build Board, it
modifies requirements for d-b projects, clarifies the authority to
enter into d-b projects, requires monthly progress reports on
projects, annual reports, and other relevant issues. Signed by
Governor 4/16/05
Wisconsin
Design-build is a limited option.
Statute 13.48 (19)
Statute 16.85
Statute 16.851
Statute 16.854
Statute 16.855
Statute 16.858
Statute 16.865
Statute 16.87
Statute 16.875
Statute 16.88
Statute 16.89
Statute 16.895
Statute 16.90
Statute 16.91
Statute 16.92
Statute 16.93
Statute 16.95
Statute 16.955
Wyoming
Not specifically authorized for public agencies**
Statute 15-1-113
Statutes 16-6-701, -707, -708
Washington, D.C.
Design-build is widely permitted.