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Design-Build Contracts in New York State

Design-Build Contracts in New York State

Design-Build Contracts in New York State

(OP)
I'm curious to know other consulting engineers' experience with design-build contracts in New York. From what I've read, it is illegal for a GC to subcontract professional design services to a third-party. Generally speaking it sounds as if design-build is illegal in NY (there seems to be some exceptions with public work) if the GC is the prime. I've read that a three-way contract between owner, contractor, and designer is an option for design-build in NY. Appreciate your thoughts, thanks.

RE: Design-Build Contracts in New York State


Design-Build is not illegal as long as you follow the law. If a contractor isn't authorized to provide engineering services a three-way contract is required. Public works are a little different in the contract arrangements. We've been JV partners on some and a service provider to the GC on others. However, once the agency awards the contract there's no divorce; it's a marriage for better or worse.

Also, not every public agency or political entity in the state is authorized to use D-B. This link may answer some of your questions:

http://nysspe.org/2013/03/13/frequently-asked-ques...

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