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Design-build contracts work by providing an owner with just one contract to design and build a project. Rather than hiring a separate architect and contractor, a design-build firm provides both professionals who work together on the project from the beginning.
Examples of a Fixed-Price ContractConsider a construction project to build a two-story building. The builder agreed to construct the building within a budget of 20,000 USD in 12 months and signed the contract with the buyer. This is an example of a fixed-price contract.
Use of the Design-Build family of AIA Contract Documents is appropriate when the project delivery method is design-build. In design-build project delivery, the owner enters into a contract with a design-builder who is obligated to design and construct the project.
The successful proposer is selected based on a number of factors including past experience, ability to innovate, cost, and any other specific factor the Owner chooses (e.g. the number of local sub-contractors used, the environmental approach, etc.).
The owner benefits by paying only the actual reimburs- able costs and knowing that the project won't exceed an ultimate price ceiling. The contract includes a fixed fee. The contract also includes an incentive provision for sharing some or all cost savings to control costs within the price ceiling.
The basic elements that should be addressed in an agreement between an owner and architect include (1) the owner's objectives for the project, (2) the architect's scope of services and a description of the drawings or other deliverables the architect is to furnish; (3) the fees to be paid for providing those services
Design-build is a popular contracting method widely used around the world, including in the U.S. As the name implies, this type of contract combines the design and construction, often called the project delivery, under a single agreement.
A fixed price contract sets a total price for all construction-related activities during a project. Many fixed price contracts include benefits for early termination and penalties for a late termination to give the contractors incentives to ensure the project is completed on time and within scope.