In our last article, we introduced CCDC 14, which brings design and construction together under a single agreement between the owner and design-builder. That arrangement, however, involves more than the prime contract alone. CCDC 15, the service contract between design-builder and consultant, is the companion agreement that establishes the relationship between the design-builder and the consultant responsible for providing the project’s design services.
CCDC 15 is used within the traditional design-build model established by CCDC 14. Under CCDC 14, the design-builder is responsible for both the design services and construction work. CCDC 15 provides the contractual framework through which the design-builder engages a consultant to provide the professional design services required for the project. In other words, the owner does not enter into CCDC 15 directly; it governs the relationship between the design-builder and consultant.
The agreement establishes the scope of design services and the consultant’s responsibilities, and includes schedules that identify basic design services and provide flexibility for the parties to establish the specific scope of services and method of compensation. Additional design services can also be identified where the project requires work beyond the basic scope. This structure helps define responsibilities within a design-build team. The design-builder is responsible for supplying relevant information to the consultant and reviewing the design, while the consultant provides the agreed design services, coordinates subconsultants and other consultants, and develops the construction documents required for the project. The consultant’s work must also address the budget established for the project.
Compensation and payment are another important component of CCDC 15. The agreement establishes the consultant’s remuneration for the design services, with schedules providing mechanisms for fees, reimbursable expenses, and time-based rates. Provisions address adjustments to the budget and corresponding changes to fees, as well as matters such as copyright and use of documents, consultant liability, and the engagement of subconsultants. These provisions help establish how design information is managed and clarify the respective responsibilities of the design-builder and consultant throughout the project.
While CCDC 14 establishes the owner’s relationship with the design-builder, CCDC 15 sets out the design-builder’s contractual relationship with the consultant providing the professional design services. Together, the two agreements provide the contractual structure for the traditional design-build model, establishing clear responsibilities within the design-build team and providing a framework for delivering the design services required to move the project forward.
Our spotlight next shifts to CCDC 17, the stipulated price contract between owner and trade contractor for construction management projects. Like CCDC 15, it functions as a companion agreement, in this case to the construction management models introduced in CCDC 5A and 5B, and provides the contractual framework for another key party involved in delivering the work. These agreements demonstrate how standard CCDC contracts can work in concert to define the roles and responsibilities of the parties involved in a construction project.
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