Frequently Asked Questions on Design-Build Matters in New York State

Note: Please note that this post was recently updated on 3-18-15 and FAQ numbers 11, 12 & 13 were added based on questions received.

  1. Can a contractor and design professional provide design-build services to a third-party in New York?
    1. Answer
      1. Design-build services in New York can only be provided when the project owner, contractor, and design professional sign a three-way contract.  The contract must expressly segregate design services and provide for payment to the design professional for such services (See question 11 regarding payment methodologies.).
      2. As further described in the responses to questions below, a design professional who provides professional services while under contract with the contractor could be charged with professional misconduct for aiding and abetting the offering of professional services by a party (the contractor) not authorized to offer or provide such services.
      3. To apply case law and to better ensure they are not offering professional design services illegally, some contractors are including the design professional’s name and fee in their contract with the project owner.  However, this practice does not assure that by entering into a contract with only the contractor, the design professional will not be charged with professional misconduct as described in responses to questions below. [Read more…]