Design-Build

Wickwire Gavin is recognized throughout the construction industry for its expertise in the design-build process. Our reputation comes from having the good fortune of working on some of the most visible and complicated design-build projects in the country, with our projects spanning virtually every aspect of the construction industry -- including power generation, process and petrochemical, public facilities, telecommunications, health care and transportation. Our reputation has also been enhanced by the recognition that comes from having taken a lead role in a wide-range of initiatives that have helped to create best design-build practices and standards for the industry.

Our greatest value to the client in the design-build area is fairly simple. Although we have an in-depth understanding of how the process works and the legal nuances of the process, we do not take an overly legalistic approach to the application of the process. Rather, we apply our knowledge in a practical way, consistent with industry norms and what will enable the goals of the participants to be met. We try to give our clients the "straight scoop" on their rights, obligations and risks. We do not believe that design-build is appropriate for every project, and we also do not believe that every owner, contractor or designer is well-suited for design-build.

The majority of the client work that we perform in the design-build arena is generally broken down into the following four categories:

PRE-CONTRACT ADVICE

We provide assistance to both owners and prospective design-builders in helping them advance their design-build initiatives. For example, some owners retain us to help them determine which projects are most suitable for design-build rather than another delivery system. Some owners will ask us to provide assistance in working through procurement issues, risk allocation, and evaluation criteria. Others will ask us to work with their teams to draft or critique Requests for Proposals (RFPs). Prospective design-builders - typically contractors and designers - use our firm to better understand whether design-build makes sense for them and how to develop effective teaming agreements and strategic partnerships.

CONTRACT DRAFTING AND NEGOTIATIONS

One of the biggest areas of services we provide to clients is the actual drafting and negotiation of design-build contracts. We have a substantial amount of experience in creating standard form, in-house contracts for clients, as well as project-specific contracts. Our work in this area spans industry sectors for both engineered and architecturally driven projects.

CONTRACT ADMINISTRATION

Because we have an intimate understanding of the design-build process, we frequently are asked to provide assistance to our clients once the project is started and issues or questions start arising. This often entails working side-by-side with the project management team and giving them thoughts on how to best approach a particular problem.

CLAIMS AND DISPUTES ASSISTANCE

Wickwire Gavin is highly regarded for its expertise in complex construction disputes, and when a dispute arises in the design-build arena, it can be a complex web of technical, scheduling and cost issues. We have had the privilege of working on a large number of major design-build conflicts around the world, representing the interests of owners as well as design-build team members. We believe strongly in the benefits of alternative dispute resolution, and many of our design-build disputes have been successfully resolved in mediation.

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Clients who retain Wickwire Gavin for design-build services benefit from the fact that our attorneys are involved at the forefront of the industry, tackling some of the most challenging issues facing the design-build movement. Some of our major activities include:

ACTIVE INVOLVEMENT IN THE DESIGN-BUILD INSTITUTE OF AMERICA (DBIA)

Wickwire Gavin has played a major role in DBIA since it was founded in 1993. Our attorneys have been on DBIA's board of directors and in leadership roles in DBIA's committees. Mike Loulakis drafted the DBIA Design-Build Contracting Guide, a Manual of Practice document which established DBIA's contracting principles. He was also one of the primary authors of DBIA's family of design-build contracts and has been writing and speaking for DBIA for over ten years. Jeff Gilmore is the Secretary to the DBIA National Capital Section, and was one of its founding members.

STANDARD FORM CONTRACTS

In addition to DBIA, our attorneys have worked with a number of other professional associations on design-build initiatives. Wickwire Gavin is general counsel for the Engineers Joint Contract Documents Committee (EJCDC), and Bob Smith and Hugh Anderson both had primary responsibility for drafting its design-build contracts. Bill Fisher played a major role in developing the standard design-build contracts for the Associated General Contractors of America (AGC).

LICENSING AND PROCUREMENT REFORM

Wickwire Gavin has taken a lead position in assisting DBIA's efforts to reform the licensing and procurement issues affecting the design-build industry.

PUBLICATIONS AND LECTURES

Many of our attorneys are highly sought-after speakers and writers on design-build issues. As is evident from our listing of publications, we have given a great deal of thought to the subject of design-build and project delivery, and take pride in helping the industry understand how to best use the process.