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If the design document spells out in a detailed manner how the work is to be built, it is de facto a design-bid-build process. Design-build procurement process retain certain design input for the design-build contractor to leverage on their purported expertise in carrying out the specialist work and to take advantage of the time saved in developing detailed design and coordination. If the contractor is asking for information that are not provided due to intended deferred submittal, then that is a separate issue altogether.

If you are on the design-build team, then it is reasonable for the contractor in your team to ask you to provide detailed design for them to price accurately for the work.

My understanding of John's message is- he is referring to the design-build documentation in scenario 1 for permit application. Or have I misunderstood?

If the design document spells out in a detailed manner how the work is to be built, it is de facto a design-bid-build process. Design-build procurement process retain certain design input for the design-build contractor to leverage on their purported expertise in carrying out the specialist work and to take advantage of the time saved in developing detailed design and coordination. If the contractor is asking for information that are not provided due to intended deferred submittal, then that is a separate issue altogether.

If you are on the design-build team, then it is reasonable for the contractor in your team to ask you to provide detailed design for them to price accurately for the work.

My understanding of John's message is- he is referring to the design-build documentation in scenario 1 for permit application. Or have I misunderstood?

If the design document spells out in a detailed manner how the work is to be built, it is de facto a design-bid-build process. Design-build procurement process retain certain design input for the design-build contractor to leverage on their purported expertise in carrying out the specialist work and to take advantage of the time saved in developing detailed design and coordination. If the contractor is asking for information that are not provided due to intended deferred submittal, then that is a separate issue altogether.

If you are on the design-build team, then it is reasonable for the contractor in your team to ask you to provide detailed design for them to price accurately for the work.

My understanding of John's message is- he is referring to the design-build documentation in scenario 1 for permit application. Or have I misunderstood?

If the design document spells out in a detailed manner how the work is to be built, it is de facto a design-bid-build process. Design-build procurement process retain certain design input for the design-build contractor to leverage on their purported expertise in carrying out the specialist work and to take advantage of the time saved in developing detailed design and coordination. If the contractor is asking for information that are not provided due to intended deferred submittal, then that is a separate issue altogether.

If you are on the design-build team, then it is reasonable for the contractor in your team to ask you to provide detailed design for them to price accurately for the work.

My understanding of John's message is- he is referring to the design-build documentation in scenario 1 for permit application. Or have I misunderstood?

Dear Mr. Biggs: 

Your recent post regarding detail requirements for Design-Build documents was brought to our attention.  We thought that we might provide the following general information regarding Design-Build in the hopes that it could be of some assistance to you. We cannot, however, provide legal advice relating to your specific circumstances and the following is not intended as legal advice. While we hope the following information is useful to you, we suggest that you consult with a local attorney to the extent you are in need of legal assistance. 

Your question makes reference to some discussions you have come across relating to performance documents. Generally, performance documents or specifications refer to the level of detail that the Owner is required to give to the Design-Builder as part of the bidding/contracting process. The Owner of a Design-Build project need only provide the Design-Builder a description of its performance needs. The Design-Builder then prepares its own detailed design documents and specifications to satisfy those performance needs, most often though an agreement with an Architect. Performance documents or specifications are not typically applicable to the requirements for the documents an Architect provides to a Design-Builder. 

From a contracts perspective, typically the Design-Builder/Architect agreement does not provide extensive guidance on the detail required in design and construction documents.  By way of example, AIA Document B143-2004, Standard Form of Agreement Between Design-Builder and Architect, Exhibit B provides the following: 

§ B.4.1 Design Documents. Provide design documents based on the Design-Build Documents defined in Article 1 of A141-2004, Standard Form of Agreement Between Owner and Design-Builder, other criteria provided by the Design-Builder, the schedule and the budget for the Cost of the Work, all as pertaining to the Architect's Portion of the Project. The documents shall establish the design of the Architect's Portion of the Project illustrating the scale and relationship of the design components . . . . The design documents may include a site plan, building plans, sections and elevations, study models, and perspective sketches. Selections of major building systems and construction materials shall be noted on the drawings or described in outline specifications. 

§ B.4.2 Construction Documents. Provide construction documents based on the approved design documents and updated budget for the Cost of the Work for the Architect's Portion of the Project. The construction documents shall set forth the requirements for construction of the Architect's Portion of the Project. The construction documents shall include drawings and specifications that establish the quality levels of materials and systems required for the Architect's Portion of the Project. 

The B143-2004 descriptions of the Design Documents and Constructions Documents are very similar to the descriptions found in our Design Bid Build Owner/Architect agreement (B101-2007). To our knowledge, the other standard form agreements published in the industry take a similar approach in terms of required detail.  

One reason the contracts do not provide extensive guidance on the required detail is that the Architect's services are always governed both by the contractual requirements and the applicable standard of care. Accordingly, even if the contract for services does not provide extensive guidance on the required detail, the Architect is still required to meet the applicable standard of care for its design services. AIA Document B101-2007 describes the standard of care as follows: 

§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.  

This language is a generally accepted description of the Architect's standard of care and is applicable even if it is not explicitly stated in the contract for services. 

Unfortunately, we are not aware of any AIA publications that provide guidance on the level of detail required for Design-Build Construction Documents. A quick review of the Design-Build Institute of America's website suggests that they publish a Manual of Practice that may offer some guidance. If you are interested, their website is www.dbia.org, but some of their publications are restricted to DBIA members.  

We hope this response is helpful. Please feel free to contact us directly with any question about the content or usage of AIA Contract Documents.  

Documents Information
AIA Contract Documents
The American Institute of Architects
Washington, DC
docinfo@aia.org | 202-626-7526

Dear Mr. Biggs: 

Your recent post regarding detail requirements for Design-Build documents was brought to our attention.  We thought that we might provide the following general information regarding Design-Build in the hopes that it could be of some assistance to you. We cannot, however, provide legal advice relating to your specific circumstances and the following is not intended as legal advice. While we hope the following information is useful to you, we suggest that you consult with a local attorney to the extent you are in need of legal assistance. 

Your question makes reference to some discussions you have come across relating to performance documents. Generally, performance documents or specifications refer to the level of detail that the Owner is required to give to the Design-Builder as part of the bidding/contracting process. The Owner of a Design-Build project need only provide the Design-Builder a description of its performance needs. The Design-Builder then prepares its own detailed design documents and specifications to satisfy those performance needs, most often though an agreement with an Architect. Performance documents or specifications are not typically applicable to the requirements for the documents an Architect provides to a Design-Builder. 

From a contracts perspective, typically the Design-Builder/Architect agreement does not provide extensive guidance on the detail required in design and construction documents.  By way of example, AIA Document B143-2004, Standard Form of Agreement Between Design-Builder and Architect, Exhibit B provides the following: 

§ B.4.1 Design Documents. Provide design documents based on the Design-Build Documents defined in Article 1 of A141-2004, Standard Form of Agreement Between Owner and Design-Builder, other criteria provided by the Design-Builder, the schedule and the budget for the Cost of the Work, all as pertaining to the Architect's Portion of the Project. The documents shall establish the design of the Architect's Portion of the Project illustrating the scale and relationship of the design components . . . . The design documents may include a site plan, building plans, sections and elevations, study models, and perspective sketches. Selections of major building systems and construction materials shall be noted on the drawings or described in outline specifications. 

§ B.4.2 Construction Documents. Provide construction documents based on the approved design documents and updated budget for the Cost of the Work for the Architect's Portion of the Project. The construction documents shall set forth the requirements for construction of the Architect's Portion of the Project. The construction documents shall include drawings and specifications that establish the quality levels of materials and systems required for the Architect's Portion of the Project. 

The B143-2004 descriptions of the Design Documents and Constructions Documents are very similar to the descriptions found in our Design Bid Build Owner/Architect agreement (B101-2007). To our knowledge, the other standard form agreements published in the industry take a similar approach in terms of required detail.  

One reason the contracts do not provide extensive guidance on the required detail is that the Architect's services are always governed both by the contractual requirements and the applicable standard of care. Accordingly, even if the contract for services does not provide extensive guidance on the required detail, the Architect is still required to meet the applicable standard of care for its design services. AIA Document B101-2007 describes the standard of care as follows: 

§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.  

This language is a generally accepted description of the Architect's standard of care and is applicable even if it is not explicitly stated in the contract for services. 

Unfortunately, we are not aware of any AIA publications that provide guidance on the level of detail required for Design-Build Construction Documents. A quick review of the Design-Build Institute of America's website suggests that they publish a Manual of Practice that may offer some guidance. If you are interested, their website is www.dbia.org, but some of their publications are restricted to DBIA members.  

We hope this response is helpful. Please feel free to contact us directly with any question about the content or usage of AIA Contract Documents.  

Documents Information
AIA Contract Documents
The American Institute of Architects
Washington, DC
docinfo@aia.org | 202-626-7526