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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, April 29, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will provide practitioners with an in-depth look at the design-build project delivery method. The expert panel will provide insight into issues unique to each project participant involved in a design-build project, as opposed to the more traditional design-bid-build method, and describe best practices for customizing the project agreement to mitigate risk for owners, contractors, and design professionals.

Faculty

William D. Wickard
Of Counsel
K&L Gates, LLP

Mr. Wickard concentrates his practice on construction and commercial litigation along with negotiating and drafting construction contracts. He has worked on a wide variety of projects (both international and domestic), including oil and gas, offshore oil production facilities, power plants, manufacturing plants, railroads, solar power facilities, wind farms, water treatment plants, steel mills, dams, and health care facilities. Mr. Wickard has been involved in all phases of litigation in a number of state and federal courts, including jury trials, bench trials, injunction and TRO proceedings. He also has handled numerous appeals in several different state and federal jurisdictions. Mr. Wickard also has significant experience with arbitration proceedings. Mr. Wickard has also drafted and negotiated numerous construction contracts, including EPCs, subcontracts, design contracts, and supply contracts, for many different domestic and international projects. Mr. Wickard also represents clients in connection with public procurement issues and has extensive experience in all phases of bid protest proceedings throughout the country.

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Emma R. Wolfe
Partner
K&L Gates, LLP

Wolfe is a member of the Construction and Infrastructure practice group. She focuses her practice on assisting clients in a variety of disputes involving construction projects, including construction agreements, design and construction defect claims, and payment claims, among others. Ms. Wolfe also handles general complex commercial litigation related to contract, real estate, and development matters. She represents clients in arbitrations, as well as jury and bench trials in state and federal courts. In addition, Ms. Wolfe advises entities on other regulatory and standards issues including building codes, National Fire Protection Association codes and standards, and Facility Guidelines Institute guidelines.

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Justin Leonelli
Partner
K&L Gates, LLP

Mr. Leonelli focuses his practice on strategic counseling and dispute resolution in the areas of construction and engineering, manufacturing and supply, energy (conventional and renewable), and commercial disputes. Justin takes pride in providing results-oriented legal solutions to help clients navigate complex challenges, mitigate risk, and secure favorable outcomes. As a part of his construction practice, Mr. Leonelli represents owners and contractors on public and private construction projects globally. He services his clients through all project phases as both project counsel and litigation counsel. Mr. Leonelli also assists clients in negotiating supply agreements and navigating manufacturing-related disputes. He has significant experience with domestic and international supply issues that implicate both the UCC and United Nations Convention on Contracts.

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Description

The design-build project delivery method is popular due to the potential time and cost savings it may provide the owner. However, it presents unique project planning issues and contractual drafting considerations for owners, contractors, and design professionals as compared to the traditional design-bid-build method. Counsel representing all parties should be aware of these differences so that they can best customize the project agreement to protect their clients, even if beginning with form documents.

For instance, in design-build projects, the relationship among the parties is unique in that the design professional is the contractor's teammate, not the owner's consultant. Therefore, the duties owed among the project participants differ from the traditional model. Where the designer may have worked directly for the owner and acted primarily in the owner's interests to protect them from defects in the contractor's work, under the design-build model, the designer has financial counterincentives to making the owner aware of construction problems. Therefore, the owner may want to set up checks and balances in the contract's terms.

Other considerations that differ from the traditional method are the standard of care owed by the designer compared to the contractor which may change from the ordinary duty of care owed by the traditional design professional to a more stringent standard typically expected of the contractor. Furthermore, where the contractor traditionally is asked to warrant the results of their work, not the overall success of the project, the design-build contractor may be required to warrant most of the project's performance.

Listen as our expert panel provides an in-depth look at the design-build project delivery method. The panel will provide insight into issues unique to each project participant and describe best practices for customizing the project agreement to mitigate risk for owners, contractors, and design professionals.

Outline

  1. Introduction: overview of the design-build project delivery method
  2. Issues unique to design-build projects vs. design-bid-build projects
    • Relationship between the project participants and duties of loyalty
    • Standard of care
    • Performance warranties
    • Entitlement to change orders
    • Licensing requirements
    • Insurance/bonding considerations
  3. Taking the issues into account: project agreement drafting considerations
    • Team structure
    • Financial terms
    • Risk shifting and legal liabilities
    • Design phase services
    • Construction phase services
    • Insurance/indemnity
    • Dispute resolution
    • Other considerations
  4. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • What are the advantages and disadvantages to using the design-build project delivery method as compared to the more traditional design-bid-build method?
  • How does the relationship between the parties, including standard of care, differ using the design-build method?
  • What business considerations are unique to the design-build method, such as licensing requirements and insurance/bonding?
  • What are unique terms and best practices for drafting design-build project agreements to best protect each project participant?