Law and policymakers searching for cost-effective methods to procure and deliver public services, such as capital improvements and new construction, increasingly are turning to the design-build delivery method. The approach has not been uniform; while some states have eagerly embraced design-build and have enacted statutes that authorize its widespread use, other states simply have authorized specific demonstration projects. The AIA Government Affairs Department’s research shows that 29 states introduced a total of 95 bills last year, including:

• Kentucky, which adopted regulations to provide for as many alternative methods of management of construction contracting as it deems feasible
• Maryland, which authorized $3.4 million for a 140-bed minimum-security housing unit to be built and equipped using design-build
• Montana, which is permitting its Transportation Department to establish a design-build pilot program
• New Hampshire, which is permitting capital-budget projects to be built under design-build.

Proponents cite advantages of design-build—where design and construction of a project are included in a single contract—over traditional methods of procurement. These advantages, according the federal General Accounting Office, are:

• The owner does not have to coordinate the activities of the designer and builder because one party is responsible for both functions
• The single-contract approach reduces administration costs as it requires the monitoring of one contract rather than the multiple contracts which are required in traditional procurement methods
• Design and construction phases of a project can be overlapped, which not only allows for construction to begin before the design is fully completed, but also allows the designer to incorporate design changes in a more efficient and timely manner
• Potential litigation between the contractor and designer may be reduced, because the designer and contractor are jointly responsible for the quality of the final product.

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