Design Build

The design build project delivery method (including what is becoming known as integrated project delivery) is widely accepted among both the public and private purchasers of design and construction services. In all, 47 states allow public contracts to be performed via design build, and sectors of the federal government are making it their preferred procurement method.

Integrated project delivery (IPD) creates unique legal challenges in both the public and private sectors. Faegre Baker Daniels helps public sector clients navigate design build procurement statutes, select critical project participants, find projects and structure contract documents and terms.

In the private sector, design builders face an elaborate scheme of state licensing requirements and insurance challenges that threaten their ability to offer blended architectural/engineering and construction services. Our lawyers have evaluated these requirements throughout the country and have helped clients perform design build contracts in many jurisdictions.

Faegre Baker Daniels' construction lawyers are also at the forefront of the IPD movement in their role as legal counsel to the Great Lakes Region of the Design Build Institute of America (DBIA).

Green Building

Construction of energy-efficient buildings incorporating sustainable design and construction principles and practices raises unique legal issues: risks associated with failure to achieve certification or other requirements needed for tax or other incentive benefits, failure to meet performance expectations or guarantees, and potentially increased costs without corresponding increased value.

Faegre Baker Daniels lawyers are knowledgeable about green rating systems and certification processes and legislation relating to green building standards. We negotiate and draft construction contracts that allocate risks in a way that reflects each stakeholder's role in achieving green certification and performance, as well as leases that allocate the upfront costs of green construction and the benefits of reduced operations and maintenance costs fairly. We also advise clients with project structuring and dispute management and resolution on green projects.

Our lawyers assist clients with issues related to sustainable development and renewable energy, including tax credits, rebates and other public and private financial incentives for green construction and/or renewable energy production and carbon and renewable energy credit trading.