Selecting the right project delivery method is an important part of any construction project. Two of the most common methods used in Texas are Design‑Build and Design‑Bid‑Build. Each approach has distinct advantages (and drawbacks) based on the project’s size and complexity; the chosen method can also impact how risk is allocated, how change orders are handled, and how disputes arise during construction.
When disagreements occur over scope, cost overruns, delays or responsibility for errors, working with an experienced construction disputes lawyer in Houston can help protect your interests and resolve conflicts efficiently.
What Is Design‑Bid‑Build?
Design‑Bid‑Build is the traditional project delivery method. In this structure, the owner first hires an architect or engineer to design the project. After the design is completed, the owner solicits bids from contractors and awards the construction contract to the lowest responsible bidder. Then, the construction phase begins.
This method is commonly used in both public and private projects. It is most useful when the owner wants high levels of design control and competitive pricing. Because the owner contracts separately with the designer and the builder, they can manage and influence both phases of the project. Additionally, the bidding process offers pricing based on completed design documents, giving the owner more certainty about the project’s cost before construction.
However, Design‑Bid‑Build has some drawbacks. Projects typically take longer to complete because construction cannot begin until design and bidding are finalized. If the owner discovers mistakes or omissions in the design after construction begins, they may need to pursue change orders (which can lead to delays and additional costs). In many cases, disputes arise between contractors and designers over responsibility for construction defects.
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Design-Build vs Design-Bid-Build
What Is Design‑Build?
Design‑Build is a more modern approach to project delivery method in which the owner contracts with a single party, known as the design‑builder, to handle both design and construction of their project. This party may be a contractor with in-house design services or come from a partnership between a builder and a design firm.
Design‑Build offers many advantages. It allows design and construction to overlap, which can accelerate the overall project timeline. Since the design‑builder handles both aspects of the project, the owner has a single point of accountability, which reduces the burden of coordinating the project. The collaboration between designers and builders can also improve cost management and minimize disputes.
When construction disputes do arise, they center on one party, the design-builder (rather than contractors, subcontractors, and designers)
However, Design‑Build also presents certain challenges. Owners may experience reduced influence over design decisions, as the design-builder can limit independent oversight unless clearly defined in the contract. Additionally, this method places significant reliance on the performance of the design‑builder. If the team fails to collaborate effectively, the project can suffer from delays or quality issues.
Which Option Should You Choose?
Your choice between Design‑Build and Design‑Bid‑Build can significantly impact the contract structure, project cost, and timeline. Ultimately, your choice will depend on the size and complexity of your project, along with your goals for completion. Design‑Bid‑Build offers owners more control over the design and build process and increased opportunities to manage costs. In contrast, Design‑Build offers efficiency and a single point of contact/responsibility for your project.
At Porter Law Firm, an experienced construction attorney in Houston can help you evaluate which project delivery method is best for your project. Your attorney will listen to your goals, analyze your project, and assess which option minimizes your risk of disputes while still giving you the optimal level of control. Contact us today to schedule a confidential consultation.