Indiana Design Build Procurement Guide

In 2005, Indiana joined a vast majority of states and the federal government by enacting legislation allowing public agencies to procure design and construction services via the design-build project delivery method. Nearly every state in the country allows design-build procurement in at least some areas. As of April 2007, according to the Design-Build Institute of America (DBIA), only Michigan, Rhode Island and Alabama remain as states where the process is not authorized by statute. The DBIA classifies Indiana's Statute as "widely permitting" design-build by public agencies, which is one step below states classified as allowing design-build procurement by all public agencies. This is undoubtedly because Indiana's Design-Build Statute expressly precludes the Indiana Department of Transportation from its requirements.

There are only limited examples of public agencies undertaking projects via the Design-Build Statute since the time of its enactment. Indeed, at the time of this publication, this author knows of less than five completed projects. That being said, the popularity of the process continues to grow, and there are several projects currently in the early to mid stages of procurement.

This guide is intended to provide the reader with an easy-to-follow reference to Indiana's Design-Build Statute. While the requirements of the Statute are directed at public owners, this guide is intended for use by all project stakeholders on any point of the learning curve. Thus, not only can public agencies use this guide to become familiar with design-build procurement, but all owners, architects, engineers and construction professionals are encouraged to refer to this guide before and during a project in lieu of attempting to navigate the Statute itself. It must be noted, however, that this guide is intended neither as legal advise nor as a means of replacing the Statute. It is recommended that the reader consult with an attorney and experienced industry professionals before undertaking or participating in a project under Indiana's Design-Build Statute. Read more.