Critical clauses for the designer in a design-build design subcontract

Negotiating or reviewing a design services agreement with the constructor on an alternative delivery project? Below are my top 10 "rules of the road." They aren't presented in any particular order as each is critical in its own way and assessing risk in design-build is more complex than just a single clause. From the green stoplight (ideal position) to yellow (middle ground) to red (tread carefully) each issue describes frequent negotiation positions based on my experience in the trenches. Of course, always engage and consult with an attorney licensed in your jurisdiction about your specific situation and the legal implications of your contracts. This page is updated regularly with additional clauses incorporated below the top 10 list as our industry continues to evolve its approach to alternative delivery methods.