Corven & Ashby, cost and risk advisory

Design build vs CM at risk, read from the owner side

Contracts and delivery methods

Design build vs CM at risk is usually presented as a choice about speed. It is really a choice about who holds the design, and that decides where the scope gaps go, who pays for them, and how much an owner can still change once the price is set.

The structural difference

Under CM at risk the owner holds two contracts. One with the design team and one with the construction manager. The construction manager prices what the designers produce and guarantees that price.

Under design build the owner holds one contract. The design builder carries both design and construction, and guarantees the whole.

That single difference produces everything else.

With two contracts, a gap between what was designed and what was priced is the owner’s problem, because the owner sits between the two parties. With one contract, that gap sits inside the design builder and the owner never sees it.

Which sounds decisively better for design build, and in that one respect it is. What the owner gives up is the ability to say what the design should be, because the design is now being produced by the party whose margin depends on what it costs to build.

Neither structure is superior. They allocate a different risk to a different party and they suit different owners and different buildings.

What each method actually gives an owner

CM at risk gives control of the design. The owner directs the architect, approves what is drawn, and gets the building it specified. It gives a price built on a documented scope, which can be read, tested and negotiated line by line, and it gives transparency where the arrangement is open book.

What it takes is the gap. Every inconsistency between drawings and specification, every scope nobody assigned, and every coordination failure between disciplines lands somewhere, and under CM at risk it frequently lands on the owner as a change order or on the design team as a claim.

Design build gives single point responsibility. One party answers for the building. Coordination failures are internal. Schedule overlap between design and construction is genuine rather than theoretical, because the same party controls both.

What it takes is specificity. The owner buys a performance description rather than a documented building, and what gets built is whatever satisfies that description at the lowest cost to the builder.

The commercial consequence is that under CM at risk an owner argues about scope gaps. Under design build an owner argues about quality and compliance with the criteria.

Why the owner criteria document decides a design build project

On a design build job, the owner requirements document is the contract. Everything else follows from it.

A thin criteria document, twenty pages of general performance language, gives the design builder enormous latitude. Every decision that is not specified is decided in favor of cost.

A thorough one, with room data sheets, specified systems, quality benchmarks and defined standards, controls the outcome. It also costs money and time to produce, and it moves the project part of the way back toward the CM at risk position.

The commonest failure on owner side design build is spending too little on the criteria and then discovering, at eighty percent design, that the building contains a different curtain wall system, a smaller plant, a simpler structure and lower grade finishes than anybody imagined, all of it compliant.

The correct effort on a criteria document is somewhere between five and fifteen percent of a full design fee. Owners who spend one percent are buying an outcome they have not described.

A worked example

Example only$2.3M

Illustrative figures. Not taken from any client project and not a quotation.

A 74 million dollar distribution and office facility procured as design build, with a 31 page owner criteria document referencing performance standards.

The price is agreed at concept stage. Design proceeds and the owner reviews at each stage.

At eighty percent design the owner identifies that the office fit out standard, the facade system, the roof warranty period and the mechanical redundancy all sit below what the development model assumed. All four comply with the criteria document as written.

Bringing the four back to the assumed standard costs $2.3 million in change orders, priced by a design builder with no competition and full knowledge that the owner has no alternative.

Nothing improper occurred. The design builder priced the criteria document it was given and built to it.

A criteria document with room data sheets, a named facade system, a stated warranty period and a defined redundancy level would have cost perhaps $180,000 to produce and would have put all four inside the original competitive price.

Design build vs CM at risk, and which fits which project

Four questions decide it more reliably than any general preference.

How well can you describe the building. A warehouse, a data center shell or a repeatable prototype can be described precisely in performance terms. A complex healthcare interior or a brand driven hotel cannot.

How much will change during construction. Design build punishes change severely, because every change is priced without competition by a party who also controls the design. CM at risk handles change better.

How fast do you need to start. Design build genuinely overlaps design and construction and can save real months, which on a project with a fixed opening is sometimes decisive.

What owner side capacity do you have. Design build needs less day to day involvement and much more up front. CM at risk needs sustained attention throughout, particularly on the interfaces described in scope gaps between trade packages.

The answers frequently point in different directions, and the useful output is a deliberate trade off rather than a rule.

What a review reads on each

The two methods need different readings, which is worth saying because owners sometimes commission the wrong one.

On CM at risk the reading is the price against the documents. Qualifications, exclusions, allowances, contingency, and whether the drawings support the number, in the way set out in CM at risk explained for owners.

On design build the reading is the criteria document against the development assumptions. What has been specified, what has been left to the builder, and what the difference between those two is worth if it resolves in the least generous direction.

The second reading is less familiar and is frequently skipped, because a design build price looks complete. It is complete. It is complete against a document nobody tested.

On both, the question is the same one in different clothing: what is not in this price that will end up in this building.

There is one further difference worth naming. Under CM at risk an owner can usually improve its position after the price is agreed, by closing gaps, converting allowances and buying scope competitively. Under design build the position at signature is close to final, because the counterparty controls both the design and the price of any change to it.

That makes the pre signature reading more valuable on design build rather than less, which is the opposite of what most owners assume when they see a single complete price.

The moment for it is also earlier. On CM at risk the reading happens when the price arrives, against a set of documents. On design build it has to happen before the criteria document goes out, because after that the competition has already been run against whatever it says.

An owner who commissions a review of a design build price is reviewing the wrong thing at the wrong time. The document worth reviewing was written six months earlier.

What we do

On CM at risk we read the price against the documents. On design build we read the criteria document against what the owner assumed, and price every point where the two could diverge. Where the method has not been chosen yet, we set out what each would mean for this specific building rather than in general. That work is the readiness review. Lenders reading the price before a loan closes will find the relevant questions on the page for construction lenders.

Questions people ask

Is design build always faster?

Usually somewhat, because design and construction genuinely overlap, and on straightforward buildings the saving can be several months. The advantage narrows on complex buildings, where the design cannot be compressed safely, and it disappears entirely where the owner changes its mind after the price is set.

Can an owner get design control under design build?

Partly, through a detailed criteria document and through bridging documents prepared by an owner architect before the design builder is appointed. Bridging adds cost and time, and it moves the project toward the CM at risk position, which is often the right answer for a complex building.

Which method handles a fixed opening date better?

Design build, generally, because single point responsibility removes the argument about whether a delay was a design or a construction problem. That advantage is real and it is why hospitality and industrial owners with hard dates frequently choose it despite the loss of design control.

Posted in Contracts and delivery methods Delivery Contracts Design build Owner

This is general information about construction contracts and is not legal advice.