NYSSPE Design Build Legislation Update February 2017


The above video is a New York State Society of Professional Engineers (NYSSPE) legislative update on the current legislation that is proposing to impact Design Build regulations in New York State.  The video is presented by Anthony Fasano, P.E. NYSSPE Executive Director and NYSSPE Legislative Counsel Mark Kriss, Esq.

Here is a time-stamped breakdown of the video to make it easier to find the sections of interest to you:

  • [0:00] Intro and topic overview.
  • [0:36] Kriss describes the current status of legislation since 2011 — including what agencies are permitted to utilize the Design-Build Methodology.
  • [1:58] Kriss describes how this current legislation proposes to allow the expanded use of Design Build by permitting additional agencies to utilize this delivery process.
  • [2:55] Kriss gives NYSSPE’s perspective and concerns about Design Build.
  • [3:16] Fasano reinforces NYSSPE’s positive position on Design Build and under what circumstances NYSSPE supports Design Build.
  • [3:44] Fasano mentions members emailing complaints in about Design Build projects gone bad.
  • [4:07] Kriss gives specific examples of the current proposal and which of NYSSPE’s requests have been included in the legislation like QBS as well as how and when the Design-Build team members can be changed.  He also mentions one safeguard that wasn’t included.
  • [5:34] Kriss gives an overall assessment of the Governor’s current Design Build proposal.  He speaks specifically about the design engineer communicating with the owner or the owner’s representative.
  • [6:23] Fasano gives a closing summary and discusses the general legislative process and how NYSSPE approaches different pieces of legislation.

Please leave comments or questions you might have below in regards to this issue.

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Note: NYSSPE facilitates posting on this blog, but the views and accounts expressed herein are those of the author(s) and not the views or accounts of NYSSPE, its officers or directors whose views and accounts may or may not be similar or identical. NYSSPE, its officers and directors do not express any opinion regarding any product or service by virtue of reference to such product or service in this blog.


  1. PIE President says

    One other important issue with a Design-Build Contract is that the Design Fees should be clearly understood and spelled out in the Contract. Design payment structure is often a function of deliverables (eg. 30%, 60%, 90%, 100% Design milestones) which should also be tied to a timely payment clause (eg. all payments to subcontractors (or consultants) must be made within 30 days of payment received by Contractor). It is even better practice to have separate pay streams so that Consultants get paid directly by the Owner and are not dependent on Contractor’s payments.

  2. In design-build, by definition, the design-builder is awarded the project prior to completion of a final set of plans and specifications. Accordingly,the design professional has the burden and liability of producing incomplete or insufficient plans that are inadequate to perform the construction work, exposing the design professional to design liability from both sides (the owner and contractor).

    Construction phase services are completely different for the design professional on a design build project. The design professional still maintains a stake in protecting the integrity of the design, however, is no longer charged with the obligation to protect the owner from the contractor cutting corners, overpricing change orders, and front loading pay applications.


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