Design Builder and Design Professional Agreement for Federal Projects - 422

The ConsensusDocs 422 Agreement Between Design-Builder and Design Professional (Federal Projects) is a specialized contract tailored for federal government design-build projects. This form agreement is intended for use when the Design-Builder does not possess a professional license to perform architectural or engineering services and needs to hire a licensed Design Professional to meet federal contracting requirements.

Design-build delivery is widely used for public sector construction, including projects funded and administered by federal agencies. In such scenarios, the Owner—typically a federal entity—expects the Design-Builder to deliver both design and construction services under a single contract. However, when the Design-Builder lacks in-house licensure, the ConsensusDocs 422 provides a legally sound, standardized method to retain qualified architects or engineers.

This agreement outlines the responsibilities and deliverables of the Design Professional, including:

• Preliminary cost estimating
• Project schedule development
• Schematic design and design development
• Final construction documents and coordination
• Submittal reviews, bidding assistance, site visits, inspections, and project meetings

A key feature of the ConsensusDocs 422 is its incorporation of Federal Acquisition Regulations (FAR) through an example exhibit. This ensures that all parties remain compliant with the unique legal, administrative, and procedural requirements that govern federal projects.

The agreement also addresses essential contract provisions such as:

• Confidentiality and access to financial information
• Design Professional and Owner delays
• Standard of care and liability limitations
• Compensation structure and additional services
• Indemnification, insurance requirements, and risk management
• Dispute resolution and claims mitigation
• Document ownership and intellectual property rights
• Termination for convenience or cause

By providing a clear, fair, and FAR-compliant framework, ConsensusDocs 422 promotes smoother collaboration between Design-Builders and Design Professionals on federally funded design-build projects. It is a valuable tool for ensuring that projects meet performance expectations while maintaining compliance with government contracting standards.

Whether you’re working with the GSA, DOD, VA, or another federal agency, ConsensusDocs 422 is the go-to agreement for ensuring effective design professional engagement on federal design-build construction projects.