In January 2026, ConsensusDocs is set to expand its contract catalog with four new documents developed in direct response to user feedback and evolving industry practices. This update introduces two Dual Obligee Riders and a new Progressive Design-Build Agreement.
Here’s a sneak peek at what’s to come and why it matters to you.
Better Project Protection with Dual Obligee Riders
You asked, and we listened. We’re introducing two new documents to extend surety obligations to a third party, like a construction lender or title insurer, providing an extra layer of security for your projects.
- ConsensusDocs 264: A dual obligee rider for the prime contract level.
- ConsensusDocs 708: A dual obligee rider for the subcontract level.
These documents use standard language widely accepted by surety companies, simplifying the process when a dual obligee rider is required and giving all parties greater confidence.
Embracing Progressive Design-Build
Progressive Design-Build (PBD) has been rapidly gaining traction in the architecture, engineering, and construction industry due to its collaborative and transparent approach. 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
To meet the demand for this delivery method, we are adding 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) – a standard document specifically tailored for PDB projects.
While the existing ConsensusDocs 410 – Owner and Design Builder Agreement (Cost of Work Plus Fee with GMP) can be adapted for PBD projects, our working group found that Owner’s typically like to use a contract tailored to progressive design-build.
The ConsensusDocs 411, incorporates key aspects of progressive design-build such as:
- Phased Terminology. Instead of referring to the Design and Construction phases, the ConsensusDocs 411 will use Phase 1 and Phase 2 to reflect the flexibility of when design work is completed.
- Multiple GMPs. Explicitly allows for agreeing to multiple Guaranteed Maximum Prices (GMPs) on a progressive basis, so construction can begin on earlier phases while later phases are still being designed.
- Clear Off-Ramps. Includes milestones that provide clear exit points if the parties cannot agree on a GMP.
This new addition, along with the ConsensusDocs 411.1 — GMP Amendment to ConsensusDocs 411, will expand our comprehensive 400 Design-Build series to 25 documents, further reinforcing our commitment to providing contracts that reflect current industry trends and best practices.
Stay tuned for the official release of these new documents in January 2026!
[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.