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.

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.