Ep 145: Delegated Design

In the architecture and construction industry, delegated design refers to the process where certain design responsibilities are transferred from architects to contractors during the construction phase. This collaboration is considered crucial in ensuring that the project progresses smoothly from design to implementation. Contractors, armed with their on-the-ground experience and expertise, take on specific design tasks to optimize construction processes and ensure the feasibility of the architectural vision … but I’m not sure I believe it yet. Welcome to EP 145: Delegated Design (will it kill us all?)

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Today we are going to talk about delegated design, and to a lesser degree, or maybe just on the periphery because I don’t know how we could avoid it, Design Assist, as well as the Spearin Doctrine.

To be honest, I don’t really know how this show will go but I didn’t even know that delegated design existed a few years ago and for someone who spent the majority of their professional career in small offices where if I wanted something designed and built, I figured it out. As a result, the idea of delegated design make my face hurt. But I have done a lot of research and it might be possible that I started this process of with my personal experience limiting my understanding – but that’s part of the journey. By the end of this conversation, I came to the realization that the objective of collaboration and expertise are the focus of this particular topic.

Delegated Design jump to

Delegated design is a strategic approach to project delivery that leverages the unique skills and insights of both architects and contractors. It allows contractors to play a more active role in the design process, contributing their knowledge of construction methods, materials, and logistics. By collaborating closely with architects, contractors can address potential challenges early on, leading to more efficient construction timelines and ultimately, successful project outcomes.

Through delegated design, architects can delegate certain design tasks to contractors, such as detailing and system integration, without relinquishing overall design control. This approach fosters a collaborative environment where architects and contractors work together to achieve project goals. Contractors are empowered to make design decisions within the parameters set by the architect, ensuring that the project stays on track while benefiting from the contractor’s practical expertise.

The collaborative nature of delegated design promotes communication and coordination between architects and contractors, fostering a shared understanding of project objectives and requirements. However, challenges may arise if expectations are not clearly communicated or if there is a lack of alignment between the design and construction teams. Effective collaboration and clear delineation of roles and responsibilities are essential for the success of delegated design projects.

Benefits to Utilizing Delegated Design

Streamlined Decision Making: Delegated design allows architects to focus on the overarching design vision and key creative elements of a project while transferring certain design responsibilities to contractors. By doing so, architects can streamline decision-making processes and allocate their time and resources more efficiently.

Optimized Construction Processes: Contractors, equipped with their practical knowledge of construction methods and materials, can contribute valuable insights during the design phase through delegated design. This collaboration ensures that design decisions align with practical construction considerations, leading to optimized construction processes and enhanced project efficiency.

Expertise in Detailing and Integration: Delegating specific design tasks, such as detailing and system integration, to contractors who specialize in these areas allows architects to leverage their expertise. Contractors can provide valuable input on technical details and ensure seamless integration of various building systems, ultimately enhancing the overall quality and performance of the project.

Improved Coordination: Delegated design fosters a collaborative environment between architects and contractors, promoting better communication and coordination throughout the project lifecycle. By working closely together, architects and contractors can address potential challenges early on, minimize conflicts, and ensure that project goals are met effectively.

Risk Mitigation: By transferring certain design responsibilities to contractors through delegated design, architects can mitigate risks associated with design errors or deficiencies. Contractors assume responsibility for specific design elements, reducing the architect’s liability and providing an additional layer of protection against potential legal disputes or claims.

Design Assist jump to 33:32

Design assist, on the other hand, offers a distinct approach to collaboration in the construction industry. In design assist, specialized consultants are brought into the project team to support the architect in addressing constructability issues and refining design details. Unlike delegated design, where the contractor assumes responsibility for specific design elements, design assist consultants work alongside the architect to enhance the overall design process. This collaborative effort focuses on early identification and resolution of potential challenges, contributing to the project’s success through proactive problem-solving and expertise in specialized areas.

When considering the merits of delegated design versus design assist, it’s essential to weigh both the positive and negative aspects of each approach. Delegated design can expedite project timelines by leveraging the contractor’s expertise and streamlining decision-making processes. However, it also poses challenges such as potential miscommunication and increased liability for the contractor. Design assist, on the other hand, offers a comprehensive approach to addressing constructability issues and refining design details, enhancing the overall quality of the project. Yet, it may require additional time and resources to integrate specialized consultants into the project team.

Determining the appropriate approach for a given project requires careful consideration of various factors, including project complexity, timeline, and team expertise. Delegated design may be suitable for projects where streamlined coordination and expedited delivery are paramount, while design assist may be preferred for projects requiring specialized expertise and proactive problem-solving. Ultimately, the decision between delegated design and design assist should be based on the unique needs and priorities of each project, with a focus on optimizing collaboration and ensuring project success.

Spearin Doctrine jump to 46:17

The Spearin Doctrine, stemming from the landmark U.S. Supreme Court case United States v. Spearin, established a significant legal principle that profoundly impacts the construction industry. At its core, the doctrine asserts that when a contractor follows the plans and specifications provided by the owner, the owner implicitly warrants the adequacy and sufficiency of those plans and specifications. In other words, if the project encounters issues due to faulty plans or specifications provided by the owner, the contractor cannot be held responsible for resulting defects or delays.

This doctrine plays a crucial role in balancing the responsibilities and liabilities of various parties involved in construction projects. For architects, the Spearin Doctrine serves as a shield against unwarranted liability stemming from design errors or deficiencies in project plans and specifications. By establishing the owner’s implied warranty of the adequacy of project plans, the doctrine helps architects focus on their core responsibilities of design and coordination without undue fear of legal repercussions for issues beyond their control.

One of the primary benefits of the Spearin Doctrine to architects is the protection it offers against unwarranted liability for design errors or deficiencies in project plans. Architects can rely on the doctrine as a legal defense if disputes arise regarding the adequacy or sufficiency of plans and specifications provided by the owner. This protection provides architects with greater confidence in executing their design responsibilities and fosters a collaborative relationship between architects and project owners.

However, despite its advantages, architects must also be mindful of potential concerns associated with the Spearin Doctrine. While the doctrine protects architects from liability for defects resulting from owner-provided plans, it does not absolve architects of responsibility for errors or omissions in their own designs. Architects must still exercise due diligence in their design process and ensure that their work meets professional standards to mitigate the risk of legal disputes. Additionally, architects should be aware that the Spearin Doctrine may not offer absolute protection in all situations and that legal interpretations of its application may vary.

Additional Information

Delegated design describes a form of collaboration between a design professional and contractor where the contractor assumes responsibility for an element or portion of a project’s design. Contractors who are new to performing delegated design services should be aware that while it can provide significant advantages, it comes with added risks. The following are several key features of delegated design services, and some tips for how to navigate the risks of delegated design.

Understand the Role of Performance Specifications. Delegated design is normally based on performance criteria established by the design professional’s specifications. The design team is responsible for the adequacy of the performance criteria, while the contractor is responsible for achieving the portion of the design delegated to it – typically a discrete element of the project, such as the curtain walls or fire protection system. The contractor-provided portion of the design must conform to the performance criteria, applicable building code requirements, and the applicable standard of care for professional services involved.

Your Construction Contract Should Address Delegated Design. An agreement that includes delegated design services should include (1) the contractor’s overall scope of work; (2) a clear statement regarding the delegated design responsibilities, including responsibility for the adequacy of the performance criteria and the design responsibilities for each project participant; (3) how design information will be exchanged and reviewed, including if, how, and when digital models will be used and shared, (4) the contractor’s compensation, and (5) requirements for professional liability insurance to be obtained by the contractor.

Consider the Additional Risk of Design Liability. The contractor may incur liability for the portion of design delegated to it and may also assume professional design responsibility and liability for its design. Given this, contractors should consider that they may need to procure professional liability insurance when providing delegated design services on a project.

Know that Delegated Design has Limitations. The ability to delegate professional design responsibility has limitations and, in many situations, professional design responsibility must remain with the design professional of record for the project.

Recognize the Impact on the Spearin Doctrine. When a contractor performs delegated design work on a project, it may erode their ability to rely on the owner’s implied warranty of adequacy of the plans and specifications.

The American Institute of Architects has a lot of extremely useful information on this topic and I relied upon their articles as I was doing my own research. If you would like to know more, here are some great articles to start with:
AIA – Delegated Design, What Does It Mean?
AIA – What Contractors Need to Know About Delegated Design
American Bar Association – Design Assist vs. Delegated Design Industry Trade Associations Release Guide
AIA – Comparing Design Assist and Delegated Design in Construction Projects

Would You Rather jump to

We are going to take on a classic Would Your Rather type question today, one that is reminiscent of questions associated with winning the lottery, i.e. I have thought about this question a dozen times in my life and the answer seems to change back and forth as my life circumstances change.

Would you rather have unlimited First-class tickets, or unlimited meals at one restaurant?

This question seems extremely easy to most people, but it only takes a few challenging responses from your combatant partner in discussion to create some considerations that add those interesting wrinkles to the thought process.

Our projects are getting more complicated and there are more and more people getting involved. Leveraging people with specific knowledge and skills to do the very best job to mitigate things going sideways is a part of the delivery process – or at least it should be. Andrew did a great job at summarizing the distinction between these two processes in the following way: With delegated design, we are moving liability onto the contractor and resolution occurs later in the process of design, typically after architects are done and the scope is in the hands of the contractor, and as a result, we are ultimately sacrificing control over the design because we are giving that responsibility away. In design assist, resolution happens earlier in the process and liability is still the responsibility of the architect … which ultimately means that architects have more control over the process and the end result.

Until next time,