By Cody Thomas, Esq., Manager and Counsel, AIA Contract Documents
July 12, 2022
Before sending out a request for proposals (RFPs) to design-build contractors, many project owners choose to hire a design consultant to create the initial design and budget for the project. However, the consultant hired for this stage is often not the same entity that will ultimately serve as the project contractor. This can create a challenge: how to effectively communicate the initial design and budget to contractors who will be bidding on the project.
Bridging documents provide a solution. These documents are prepared by a design consultant, known as the bridging architect, to communicate the preliminary design and construction requirements to the bidding design-build contractors. By outlining the project’s key elements—including design plans, technical requirements, project constraints, reference materials, and contractual obligations—bridging documents offer clarity for contractors and owners alike.
Bridging documents play a crucial role in ensuring that both the owner and the contractors benefit from clear expectations and reduced risks. Here are several key advantages to using bridging documents in the design-build process:
One of the major drawbacks of the design-build method is the loss of control over the project’s development as the process moves from conception to construction. However, when bridging documents are well-prepared, they help the owner maintain greater control over the project. By clearly defining the design and technical specifications, bridging documents set the stage for competitive and transparent procurement while also helping the owner manage risks and allocate responsibilities effectively.
The process of preparing proposals can be expensive and time-consuming for contractors, as they must account for the full scope of the project in their bid. Bridging documents alleviate this burden by providing contractors with the preliminary design and key project requirements upfront. As a result, contractors can submit proposals more quickly and at lower cost. This reduces the high barriers typically associated with entering the bid process, making it easier for a broader range of firms to participate.
Additionally, by reducing the time spent preparing proposals, bridging documents make it easier to arrive at a more accurate fixed-price or cost-plus contract with a guaranteed maximum price (GMP) faster than other project delivery methods.
The use of bridging documents helps streamline the procurement process by providing a comprehensive and detailed set of requirements from the outset. This leads to fewer misunderstandings or revisions during the bidding phase, allowing contractors to submit more accurate and competitive proposals. Moreover, the transparency established by these documents can foster trust between the owner and the contractor, creating a smoother transition from design to construction.
Bridging documents also benefit contractors by providing them with a clear understanding of the owner’s expectations and requirements. Rather than starting from scratch, contractors can base their bids on a clear design framework, reducing uncertainty and risk. This clarity allows contractors to focus on delivering value within the defined project scope, making their proposals more precise and less prone to costly errors.
By offering a transparent picture of the project’s needs, bridging documents enable contractors to bid on projects with greater confidence, ensuring that the final price is realistic and competitive.
For owners interested in utilizing bridging documents, AIA C141-2014 is an essential resource. This standard form agreement between the owner and the consultant for a design-build project provides a clear foundation for the use of bridging documents. It represents the first step in formalizing the use of these documents to ensure that all parties—owners, consultants, and contractors—are aligned in their understanding and expectations.
AIA C141-2014 is particularly useful because it addresses the specific needs and challenges associated with the early stages of design-build projects. By laying out the roles and responsibilities of each party involved, it helps to clarify how the bridging architect’s work fits into the broader project timeline and procurement process.
Bridging documents are a powerful tool in design-build projects. When properly prepared, they can bridge the gap between early-stage design and the construction phase, enabling owners to maintain greater control over the project, reducing costs for contractors, and streamlining the entire procurement process. By providing a clear and competitive bidding environment, bridging documents help minimize risks for both owners and contractors.
If you’re considering using bridging documents in your next design-build project, it’s highly recommended that you familiarize yourself with AIA C141-2014. This agreement is the first step toward ensuring your project runs smoothly, efficiently, and with a clear understanding of all parties’ roles and responsibilities.
AIA Contract Documents has provided this article for general informational purposes only. The information provided is not legal opinion or legal advice and does not create an attorney-client relationship of any kind. This article is also not intended to provide guidance as to how project parties should interpret their specific contracts or resolve contract disputes, as those decisions will need to be made in consultation with legal counsel, insurance counsel, and other professionals, and based upon a multitude of factors.