Design-Build Contracts: Understanding the Challenges, Risks, and Keys to Success

How to select, plan, develop and negotiate contract provisions for Design-Build projects

Program Description:

Public and private project owners and developers are increasingly using Design-Build Contracting as a faster and more cost-effective way to bring their projects to completion. In this seminar, participants will learn about the intellectual tools necessary to select, plan, develop, and negotiate contract provisions for a Design-Build project. Design-Build Contracts: Understanding the Challenges, Risks, and Keys to Success provides insight to key areas of risk and responsibility allocation that differ from traditional design-bid-build project delivery. Emphasis is placed on the negotiation strategies that help project owners, contractors, and designers establish contracts that will ensure the successful completion of projects on time, within budget, and in compliance with the owner’s quality and performance needs. Case studies relevant to your projects will allow participants to engage with these proven negotiation strategies, preparing them to effectively negotiate Design-Build contracts on future projects. The faculty instructor for this seminar is an expert in construction project management, contract negotiation, change order negotiations, and claim avoidance. He has 35 years of experience in the design and construction industry working for project owners, contractors, and design professionals. For more than 20 years, the instructor has provided general counsel, risk management, and other legal advisory services to engineering and scientific professional service firms, owners, and contractors. His practice emphasizes the importance of training and consulting to improve construction project performance by resolving issues and disputes effectively. He is also a claims manager underwritten by Lloyd’s of London who develops and implements industry-leading risk management programs. As an active claims consultant, mediator, and arbitrator, the instructor maintains constant exposure to the evolution of best-practice methodologies in the field and at the negotiating table. Upon the completion of this customized TNI program, participants will be able to immediately return to their workplaces with the tools, knowledge, and confidence to effectively select, plan, develop, and negotiate contract provisions for Design-Build projects.

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  • Topics:
    • Understanding Contract Objectives and Risk Allocation Approach
    • Selecting the Best Contract Form for your Project
    • Performance Guarantees and Risk Allocation
    • Delayed Completion and Risk Allocation
    • Negotiation Strategies for Key Clauses
    • Role of Owner and Consultants to Facilitate Successful Project Completion
    • Effective Dispute Resolution and Claim Avoidance Strategies
  • Key Takeaways:
    • Develop increased expertise for entity and individuals to use Design-Build contracting on future projects to reduce project costs, reduce owner risk of performance uncertainty and complete projects faster
    • Develop and implement successful negotiation strategies for key Design-Build contract issues
    • For consultants, develop expertise to work with clients and legal counsel to develop practical and effective contract forms and negotiate appropriate Design-Build procurement and contract provisions
    • Understanding of Design-Build risk allocation and contract negotiation issues
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