Design-Build (“D-B”) and Engineering, Procurement, Construction (“EPC”) agreements are becoming widely used on a variety of construction projects. Under both agreements, one entity is responsible for both the design and the construction of the project, as opposed to the traditional method of project delivery where an owner contracts with an engineer or architect to design the project and then a contractor to build it. While D-B and EPC agreements can streamline the owner’s redress and speed the construction progress, they also can greatly increase the risk to the builder as its responsibilities are now two-fold.
Like all construction contracts, it is vital to fully comprehend the risks and responsibilities being agreed to, particularly under D-B and EPC agreements where the builder’s scope of work is much more extensive, and the owner’s control over the final product is limited. Our attorneys assist builders and owners with the drafting, negotiating, and review of D-B and EPC agreements.
