Report on NYS Budget Provisions Authorizing the Use of Design Build Service Delivery Methodology

SUMMARY

The Committee on Construction Law submitted a report to the State Legislature on Budget Bills concerning the authorization of the use of design-build service delivery methodology (“design-build”) for State public construction projects. For several years, the Committee has been urging modernization of the State’s construction procurement law, as the current rigid approach of awarding public construction contracts is inefficient and costly to the State and its localities. According to the Committee, the “design-build” approach set forth in the Budget Bills permits the constructor/builder entity to be identified before construction so that it can contribute its skill and judgment to the design process. The Committee believes that the Budget Bills, while a good start, do not go far enough or deep enough to achieve the changes in construction practices necessary to drive the desired economic benefits from public investments in infrastructure, including omitting local governments from its scope. The Committee recommends creation of a special commission that brings all construction industry and public owner stakeholders to the table to hammer out a new public construction procurement code in order to modernize New York’s built environment laws.

BILL INFORMATION

A.3008 / S.2008 (Parts B and S) Transportation, Economic Development & Environmental Conservation Article VII Budget Bill and Appropriation Budget Bills for 2015-2016 Fiscal Year – authorizing the use of design-build service delivery methodology.

OUTCOME

Spring 2015 44th Street Notes: “Legislative Update: Passage of a State Budget”