Progressive Design-Build Owner and Design-Builder Agreement (Cost of Work Plus Fee with GMP) - 411
The ConsensusDocs 411 is a standard progressive design-build agreement between the Owner of the construction project and the Design-Builder. This newly released contract reflects a two-phase structure and provides framework for pricing and termination mechanisms.
Included in:
- Full Package
- Owner Package
- Design-Builder Package
Progressive Design-Build (PDB): A Collaborative Construction Delivery Method
Progressive Design-Build (PBD) has been rapidly gaining traction in the architecture, engineering, and construction (AEC) industry due to its collaborative and transparent approach. This innovative project delivery method emphasizes early teamwork, open-book pricing, and shared decision-making between the Owner and the Design-Builder.
This project delivery method uses a qualifications-based or best-value selection followed by a process that allows the Owner and Design-Builder to “progress” toward a final design and price, offering significant advantages: [1]
- Faster Procurement. Get your projects started sooner.
- Greater Transparency. Work collaboratively towards a budget.
- Reduced Upfront Costs. Lower initial expenses for preliminary designs.
- Lower Proposer Costs. No significant proposal design.
- How Does ConsensusDocs Address Progressive Design-Build
How ConsensusDocs Supports Progressive Design-Build
The ConsensusDocs 411 – Standard Progressive Design-Build Agreement and General Conditions Between Owner and Design-Builder (Cost of the Work Plus a Fee with a GMP) provides a comprehensive contractual framework, addressing all major aspects of a Progressive Design-Build project, including:
- General Provisions
- Design-Builder’s Responsibilities
- Owner’s Responsibilities
- Subcontracts
- Time
- Payment
- Cost of the Work
- Changes in the Work
- Payment for Phase 2 Services
- Indemnity, Insurance, and Bonds
- Suspension, Notice to Cure, and Termination
- Dispute Mitigation and Resolution
- Miscellaneous Provisions
- Contract Documents
Why Choose the ConsensusDocs 411 for Progressive Design-Build?
The ConsensusDocs 411 is purpose-built to support the collaborative intent of Progressive Design-Build, offering:
- Fair and balanced risk allocation
- Clear roles and responsibilities
- Early cost certainty through GMP development
- Dispute mitigation aligned with collaborative delivery
For Owners, Design-Builders, and project teams pursuing Progressive Design-Build, ConsensusDocs 411 provides clarity, flexibility, and legal confidence at every stage of the project.
[1] Loulakis, M. C., Kinsley, P., Neumayr, G. W., & Unger, C. H. (2017). Progressive Design-Build Design-Build Procured with a Progressive Design & Price A Design-Build Done Right TM Primer. Washington, DC; Design-Build Institute of America.
