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The two methods structure their teams differently. Design-build projects bundle designers and developers under the same contract. Project phases happen simultaneously. Design-bid-build projects contract designers and builders independently.
Since January 1, 1996, California law has required that any architect who agrees to provide architectural services to a client must have a written contract.
An engineer or an architect must use the skill and care in the performance of his duties commensurate with the requirements of his profession, and is only liable for a failure to exercise reasonable care and skill commensurate with those requirements.
Architect fees typically fall between 5% and 20% of the total project cost. For an average 2,700 square foot home with a build cost of $300,000, that comes out to $15,000 to $60,000. Less commonly, they charge $125 to $250 per hour and a few pros charge $2 to $10 per square foot.
Both the architect and the contractor have separate contractual agreements with the owner and even if those are standard AIA agreements, they vary greatly and are sometimes in conflict.
Some building components may be patented, but the overall design cannot be. Thus, while architects and engineers may own their original models, drawings, and specifications, they do not own their designs. Copyrights belong to the author of the work, except works "for hire," created as part of the author's employment.
Design-build is a project delivery method in which the owner contracts directly with one entity to provide both the design and construction of the project. It is important to recognize that a design-builder assumes responsibility and liability for both the design services and construction work.
Unless the construction contract specifically makes the contractor responsible for finding design errors and paying for any additional work, courts have generally held the design team responsible.
The design-build contract is based on the owner's program, a statement of project requirements. The program materials may include preliminary design documents, and identifies the agency's specific project needs, such as size, special uses, adjacencies, and appearance.