Tuesday, September 12, 2023

Consultant Corner: Key Players and Common Issues in Delegated Design

Delegated design as set forth in construction documents for buildings, while an often-used instrument, can be misunderstood or poorly executed by the Owner, Design team, and/or Construction team, and result in disastrous consequences. The term ‘delegated design’ as commonly used in the AIA B-101 Contract between the Owner and Architect means that “if the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy.”

The Key Parties involved include the Architect and Engineer of Record, the General Contractor, the Specialty Contractor, and the Specialty or Delegated Engineer; their relationship can graphically be described as follows:

Typical delegated design items include stairs, handrails, davits, structural steel connections, precast concrete components, elevator support rails and beams, façade components and cladding, and other such items where, ideally, the Contractor and the Contractor’s engineer can provide the components by taking advantage of the Specialty Contractor’s means and methods and provide that value to the Owner.  The delegated design may include unique attributes associated with the selected Contractor, such as concrete strengths, manufacturing processes, glass types, steel connection hardware, configurations of components, and specialty fabrications.

Owner

On behalf of the Owner, the Design team, consisting of the architects and engineers included in the term ‘Architect’ above, decides whether to delegate a portion of the design to the Contractor.  Sometimes the designers believe they can reduce their own labor costs by delegating some of the design, but commonly this decision results in more time spent for the Architect in specifying the performance and design criteria as well as performing a close review of the shop drawings and calculations.  It is important to note that the Design team must coordinate all of the dimensional aspects of the building in order to meet the Owner’s criteria for the use and function of the space.  This means that the dimensions of delegated components must be worked out and coordinated by the architects and engineers, not left to the imagination and whims of the delegated Contractor and their engineer.

Design Team

In the graphic illustration above, the Architect of Record and the Structural Engineer of Record are typically contractually bound to each other, and responsible for the coordination of the project design.  The delegated components are technically delegated to the Contractor or Specialty Contractor, who engages the Specialty or Delegated Engineer to design the components and connections.  There is no ability, nor contractual mechanism, for the Delegated Engineer to directly coordinate with the Architect of Record to confirm wall thicknesses, beam depths, clearances, conceptual connections, column locations and sizes – these must be worked out between the Architect and Engineer of Record.

In some states such as Florida, there exist Administrative Rules or Codes that prescribe the details required of the architect and engineer in delegating the design of components.  These can include the configuration (size, spacing, shape) of the components, as well as details of supports, anchors, and connections.

Construction Team

The Contractor may receive a set of drawings from the architect and engineers (the ‘Architect’) that contain delegated designs that do not sufficiently ‘spell out’ the appropriate performance and design criteria, or that are missing the configuration and sizes of the components such that coordination of the work will be required.  In those instances, the Contractor should ‘raise the flag’ and note that the particular design has not been properly delegated – and not just hope that the information can be flushed out during the shop drawing review process.  Again, there is no contractual link between the Delegated Engineer and the Architect – and therefore, the necessary coordination between disciplines cannot occur in a proper and timely manner.

Summary

Delegated design can provide cost, schedule, and quality improvements for a building Owner if the Architect follows the guidelines for properly delegating the design of components to the Contractor, and the Contractor engages a Delegated Engineer who provides calculations and drawings for the component design in accordance with the performance and design criteria specified by the Architect.


Author Bill Bast specializes in the design and investigation of building structures, and has forty years of experience as a structural and forensic engineer, construction manager, and contractor. He is a Past President of SEAOI and NCSEA and serves as an expert witness on structural engineering and standard of care issues, and can be reached at william.bast@socotec.us

Editor Thanh Do is an Associate in Thornton Tomasetti, Inc.'s Forensics practice group. As a structural engineer, structural failure analyst and investigator, Dr. Thanh Do examines infrastructure inadequacies and determines the root cause of the alleged failures. He specializes in Design-Build project delivery, quantity growth investigation, building collapse investigation, standard of care assessment, construction defects and design errors/omissions evaluation.

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