Recently I was asked if design-bid-build yields the “least expensive market” factor in change orders and/or any subsequent claims/litigation. It is my belief this is a resounding “Yes.”, to the question.
By its very nature the design-bid-build procurement process is a competitive one where all of the competitors are bidding on the same scope of work. This scope is fully defined in the plans and specifications, etc. On a design build basis, this may not be the case. Each bidder may have a different basis for the pricing.
The competitive nature of the design-bid-build market is such that the prices are the “best” each contractor, subcontractor and vendor can develop in order to win the job with the lowest price. With each bidder quoting the same scope, it is a relatively straightforward process to determine the successful firm on the project. On a design build basis, the lowest price may not be the best price because the scope has to be evaluated in conjunction with the pricing.
Change orders and litigation can be considered as a part of the cost. On the design-bid-build projects we have observed change orders percentages can be quite low, in the range of one to three percent of the bid amount. However we have a client where their change orders were in excess of twelve percent on firm price projects. This high rate was due to their internal practices (and yes we did show them how to reduce the change orders and they did).
On design build projects it is not uncommon to see change orders or changes to the initial bids far in excess of the amounts stated above. Whether it is an unforeseen scope (another discussion point), owner directive or another of a host of reasons, design build by its very nature is more costly when it comes to changed values from the initial bid amounts.
Litigation is a project gone wrong. The projects we see in arbitration, litigation, etc. have been the result of owners, designers, managers, contractors, subcontractors and/or vendors that do not uphold their responsibilities to one another. This applies across the board to design-bid-build and design build contract formats. The sky is the limit when the project hits this stage.
Oh, by the Way… If an owner wants the cost effective solution I recommend design-bid-build. If they want design-build I show them how to get the best value for the money they spend.
