Owner Management of Design-Build Project Execution - Design-Build for Water and Wastewater Projects - page 222

Understanding the Roles and Responsibilities of the Owner
The most obvious difference between DB and DBB is that in DB there are no separate con-
tracts for the designer and the contractor, and the responsibility for the interface between
the two is no longer with the owner. This removes the owner from the role of facilitator
and mediator for design interpretation disagreements between the design engineer and
the contractor. This also changes the relationship between the owner and the designer.
In a traditional DBB project, the designer often becomes a quasi agent of the owner, with
a focus on supporting the owner's best interests. In a DB project, the designer is aligned
contractually with the contractor. Because the designer has a critical interest in the overall
cost of the project, there is the perception that the designer will not be impartial on issues
that could reduce project profitability.
Another difference between traditional and DB project execution is that in DB, the
contractor has an active role during design development. In the traditional approach,
potential contractors are excluded from the design effort. When using DB, the contractor
is directly involved during design development, and the contractor has a vested interest in
executing a cost-efficient and cost-effective design. Early contractor involvement also gives
the owner an opportunity to know the construction costs and constructability issues early
in the project.
Processes and Procedures for Enhancing Collaboration
One of the reasons that the DB process is successful is that it requires a highly collabora-
tive approach to project execution. It encourages the designer and constructor to work
together to develop and implement the best possible solution for the project (WDBC
2010). By removing the contractual barriers between the designer and contractor that
exist in a traditional process, the owner is benefiting from increased collaboration. It also
requires collaboration between the owner and the design-builder. Recognizing that this
is of value, an owner can promote and create an environment to maximize collaboration.
The following discussion highlights various tools that owners have used to promote col-
laboration and communication.
The type of procurement approach (i.e., how the design-builder is selected) will
impact the level of team collaboration with the owner on a project. When price is a high
priority (i.e., where design-builders submit price proposals in response to an RFP) for
selection, there is the possibility for disputes, because the price is established before there
is a final agreement on the scope of the project. In this approach, collaboration dur-
ing bid development may be limited by either the owner, to maintain a fair competitive
environment, or by bidders, who do not want to disclose their design and construction
ideas prior to submitting the proposal. After the award is made to the lowest bidder, the
design-builder negotiates with the owner to finalize the scope and make any subsequent
cost adjustments, if necessary. During these negotiations, disputes and conflicts can arise.
To foster collaboration between the owner and design-builder prior to negotiating
a scope and cost, qualifications-based selection (QBS) can be used. After being selected
based on qualifications (and possibly some fees or rates; see chapter 7 and DBIA 2010),
the owner and design-builder work on the scope and cost as the design progresses. It is
less likely that there will be changes to the scope and cost when the pricing is established