How do you adapt a design-build contract template to different types of projects and clients?

1 Know your scope

The scope of work defines what you will deliver, how, and when. It is the basis of your contract and your payment. Therefore, you need to be clear and specific about your scope, and avoid vague or ambiguous terms. You also need to consider the risks and contingencies that may affect your scope, such as changes, delays, or unforeseen conditions. You can use clauses such as allowances, exclusions, and change orders to manage these risks and protect your interests.

2 Choose your fee structure

The fee structure determines how you will charge for your services, and how much profit you will make. There are different types of fee structures, such as lump sum, cost plus, guaranteed maximum price, or unit price. Each one has its advantages and disadvantages, depending on the project size, complexity, and uncertainty. You need to choose the fee structure that best suits your project and your client's expectations. You also need to include provisions for incentives, penalties, and adjustments in your contract.

3 Define your roles and responsibilities

The design-build contract assigns roles and responsibilities to each party involved in the project, such as the owner, the design-builder, the subcontractors, and the consultants. You need to define these roles and responsibilities clearly and consistently, and avoid overlaps or gaps. You also need to establish the communication and decision-making processes, and the dispute resolution mechanisms. You can use tools such as organizational charts, contact lists, and flowcharts to illustrate these aspects in your contract.

4 Review your insurance and warranties

The design-build contract also covers the insurance and warranties that each party must provide and comply with. These are important to protect your liability and your quality standards. You need to review the insurance and warranties requirements of your project and your client, and make sure they are adequate and feasible. You also need to check the validity and coverage of your insurance and warranties policies, and update them if necessary.

5 Use a standard template

One way to simplify and streamline your design-build contract is to use a standard template that follows the best practices and guidelines of your industry and jurisdiction. A standard template can help you avoid common errors and omissions, and ensure compliance with the laws and regulations. You can find various sources of standard templates online, such as the Design-Build Institute of America (DBIA) or the American Institute of Architects (AIA). However, you should always adapt and modify the template to suit your specific project and client needs.

6 Get legal advice

Finally, before you sign your design-build contract, you should always get legal advice from a qualified and experienced attorney. A legal expert can help you review your contract, identify any potential issues or conflicts, and suggest any changes or improvements. A legal expert can also help you negotiate with your client, and enforce your contract in case of any disputes or claims. Getting legal advice can save you time, money, and headaches in the long run.

7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?