A recent study by the Federal Highway Administration determined that on average, design-build projects were completed 14% faster than the traditional design-bid-build projects. Design-build, however, exposes contractors to risks they don’t have under traditional delivery methods.

由于在设计建设下,承包商负责设计,也负责不准确或有缺陷的设计文件产生的损害和成本。新利18备用官网登录虽然大多数风险可以合同转移到设计专业的下文中,但承包商仍保留额外的曝光。

To maximize the benefits of design-build, it is essential that each party’s responsibilities and obligations be clearly defined under the contract. This applies to both the owner/contractor agreement and the contractor/design professional agreement. A well-written scope of services agreement will spell out what each party will and will not do, and what they can do for an additional fee.

It is critical that this be clear at the outset; if it isn’t, you should spend some time and get it right. If you can’t agree on who is supposed to do what at the start of the project when everyone is on good terms, you certainly won’t be able to figure it out at the end of a project when relationships may have deteriorated.

服务协议范围不仅将减少误解谁对谁负责,也可以防止重复努力。同样,“组队协议”有助于确保项目的所有各方共同努力,以最大限度地提高项目成功并最大限度地减少潜在的纠纷。

Indemnification

赔偿协议是关键 - 承包商的义务赔偿所有者和设计专业人员赔偿承包商的义务(假设承包商正在揭示设计)。在许多情况下,业主将要求一般承包商在主人的青睐中执行我的赔偿。凭借一类赔偿,赔偿金(在这种情况下,承包商)负责项目在项目上出错的一切,除非赔偿(所有者)仅仅是(100%)疏忽。虽然这是不公平的,但它是合法的,并且在大多数情况下,在承包商一般责任政策下有保险。

Unfortunately, most design professionals will resist signing a similar indemnity in the contractor’s favor. The reason for this is that the contractual liability coverage provided under a design professional’s professional liability policy is not as broad as the contractual coverage in the contractors general liability policy. Where the general contractor is probably insured if it signs this type of agreement, the design professional will not be. The ultimate indemnity the design professional is willing to agree to will come down to a negotiation between the contractor and the design professional.

综合保险计划对任何建筑项目至关重要。项目所有者,承包商和设计专业人员都有保险问题来处理,这些应在协议中明确阐明。


Builders Risk Insurance

Builders risk insurance, also known as course of construction insurance, is a first-party property insurance that covers the real property during construction. Whether this is secured by the owner (which we recommend), or the contractor, several elements should not be overlooked:

●覆盖范围应以“特殊危险”(全风险)为基础。

●应仔细评估努新利18备用官网登录力成本(建筑成本)和软成本(设计成本,财务费用,保险费,未来利润),以确保限制是合适的。