Design Builder and Design Professional Agreement - 420

The ConsensusDocs 420 Agreement Between Design-Builder and Design Professional is a comprehensive, long-form contract designed for design-build projects where the Design-Builder does not hold professional licensure to offer design services. In such cases, the Design-Builder must formally engage a licensed Design Professional, such as an architect or engineer, to provide required design deliverables. This agreement ensures that responsibilities are clearly defined and that both parties operate within an integrated and legally sound framework.

Design-build delivery combines design and construction services into a single point of responsibility. While this method offers advantages such as reduced risk for the Owner, faster timelines, and streamlined communication, it often necessitates that the Design-Builder subcontract design tasks to a qualified Design Professional. That’s where the ConsensusDocs 420 becomes essential.

This agreement outlines the full scope of Basic Services that the Design Professional is expected to provide, which may include:

• Preliminary cost estimates
• Project scheduling support
• Schematic and design development documents
• Construction documents and specifications
• Coordination with subcontractors and consultants
• Bidding and negotiation assistance
• Jobsite visits, inspections, and meetings
• Review of submittals and shop drawings

In addition to defining services, the ConsensusDocs 420 addresses a wide range of legal and operational terms, including:

• Design Professional’s right to request financial data
• Confidentiality and proprietary information protections
• Scheduling commitments and allowable delays
• Compensation structure and payment terms
• Consequential damages and indemnification clauses
• Insurance requirements and liability coverage
• Termination provisions for both parties
• Dispute resolution and mitigation processes
• Ownership and use of project documents
• Standard of care and professional responsibilities

This agreement promotes transparency, coordination, and legal clarity between the Design-Builder and the Design Professional. It ensures both parties understand their roles and obligations, reducing the risk of conflicts, delays, or misunderstandings throughout the life of the project.

Whether used for commercial, institutional, or public infrastructure projects, the ConsensusDocs 420 is a critical tool for enabling compliant and efficient collaboration on design-build construction projects where in-house licensure is not available.