The New Infrastructure Bill and Your Need to Understand Design-Build and Engineer-Procure-Construct Projects

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Public entities/agencies will want to get funding to work as quick as possible. They will want to avoid the time constraints and design-liability associated with design-bid-build. As a result, there will be a move to design-build (also sometimes referred to as Engineer/Procure/Construct (EPC) projects) in order for these projects to be started as quickly as possible, and to hopefully mitigate exposure for claims.

The problem is that the change in legal dynamics associated with design-build are not really understood. Particularly, Owner do not understand this change and how it greatly impacts their ability to shape the projects using design-build as a procurement method. Contractors do not understand the radical change that it now has with the Engineer.

Engineers do not understand the significant impact on their liability exposure. Subcontractors do not understand the difficulties of bidding partially designed projects and the impact on pricing, particularly material escalation risks. Sureties do not understand how the basics of their business are changed with the addition of the engineer on the contractor’s team.

The presenter has extensive experience with hundreds of design build-projects, some of which exceed a billion dollars. He will share his thoughts on the issues that can be expected and strategies to be used.

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