Design-Build contracts combine design and construction services under one roof—one contract (i.e., design-build agreement, or DBA), one point of responsibility, and one entity accountable for delivering a completed project. Done right, Design-Build can reduce risk, accelerate timelines, and foster innovation. But only if the contract reflects the realities of the project, the players, and the risk allocation.

At Elkhoury Law, I help owners, contractors, and design-build teams navigate this integrated delivery model—from upfront negotiations to final completion, and the occasional dispute along the way.

Design-Build Construction in Houston and Harris County Areas

As Houston’s commercial real estate and infrastructure sectors expand with ongoing year-over-year growth, design-build is becoming the delivery method of choice for many developers, owners, and contractors. Houston’s fast pace, limited workforce availability, and evolving building codes make design-build appealing—it compresses timelines, reduces procurement headaches, and creates a single point of responsibility.

However, the legal and risk landscape is more complex. Design-build agreements must clearly define scope boundaries, integrate professional liability protection, and allocate risk between the design and construction phases—especially when public funding is involved. Public owners must also comply with Texas Government Code Chapter 2269, which governs design-build procurement for government entities.

At Elkhoury Law, I work with Houston-area developers, commercial contractors, and design professionals to:

• Draft and negotiate legally sound design-build agreements;

• Manage and mitigate risk, including change management, during the project; and

• Resolve disputes over scope creep, schedule delays, and construction/design liability.

Whether you're building a medical office, reconfiguring industrial space, or working on a public-sector redevelopment, I offer the legal experience you need to keep your Houston design-build project moving forward.

What is a Design-Build Agreement (DBA)?

A Design-Build Agreement, or DBA, unifies design and construction under a single contract. Instead of separate agreements with an architect and a builder, the owner contracts with a single Design-Builder, who may self-perform or subcontract one or both functions.

This model offers:

• Faster delivery by overlapping design and construction phases;

• Simplified coordination and fewer disputes over design intent; and

• Clearer accountability—but only if the contract balances control and risk.

Design-Build is increasingly common in:

• Commercial construction;

• Industrial and infrastructure projects; and

• Public works and P3s.

But without strong legal guidance, this streamlined model can turn into a liability finger-pointing contest.

How Elkhoury Law Supports Design-Build Projects

You bring the vision. I’ll help make sure the contract supports it.

Contract Drafting & Negotiation

• Drafting and negotiating custom Design-Build Agreements based on project type, size, and delivery goals

• Addressing:

  • Design responsibilities and performance standards

  • Approval rights, submittals, and professional liability coverage

  • Risk-allocation and indemnities

  • Change management, contingency use, and risk-sharing mechanisms

  • Flow-down provisions for design consultants and subcontractors

• Advising on standard forms (AIA, DBIA) versus custom agreements

Project Execution & Risk Management

• Advising throughout project delivery—early design, progressive build-out, and commissioning

• Helping resolve scope overlap between design and construction teams

• Supporting documentation practices and notice compliance to preserve claims or defenses

• Reviewing, preparing, and negotiating change claims or responses to changes

• Coordinating with your internal team or project controls consultant

• Incident responses

• Terminations for cause or convenience

Dispute Resolution

• Handling claims involving:

  • Design errors and omissions

  • Scope gaps or coordination failures

  • Delays, disruptions, and defective work

  • Changes and cumulative impact claims

  • Termination disputes and lien claims

• Representing clients in mediation, arbitration, or litigation when collaboration breaks down

Why Work with Elkhoury Law on DBAs?

Design-Build isn’t just about a faster project. It’s about tighter coordination and smart risk allocation—on paper and in the field. I help clients make sure their contracts reflect how the job actually works. With experience on both private and public projects across the country, I translate complex delivery frameworks into clear legal protections.

And if you’ve read my construction law blog, you already know—I’m not afraid to call out bad contract language when I see it.

Serving Construction Professionals

Whether you’re launching a project or responding to an RFQ for a Design-Build job, Elkhoury Law can help draft, negotiate, and enforce a contract that protects your goals from day one.