Ohio Law Now Permits Design-Build on Public Projects

Revisions to Ohio public procurement law that went into effect as of September 29, 2011, now authorize the use of design-build firms and construction managers at risk by state agencies for public construction projects in addition to the multi-prime delivery method that has been the only permitted method in Ohio for over 100 years.With the authorization of design-build firms, construction managers at risk and general contracting firms on public contracts, the state agency may not be required to solicit separate distinct bids for furnishing work or materials in connection with certain classes of work such as: plumbing and gas fitting, steam and hot-water heating, ventilating apparatus, and steam-power plant, and electrical equipment.  New administrative regulations are to be drafted to address this change.
When a public improvement contract is let to a construction manager at risk or design-build firm, the contractor is now permitted to utilize a design-assist firm without transferring any design liability to the design-assist firm in addition to subcontracting the work to be performed under the project.
The revised statute also authorizes the construction manager at risk or design-build firm, upon consent from the letting authority, to self-perform a portion of the work to be performed by submitting a sealed bid for the portion of the work prior to accepting and opening any bids for the same work.
To see the full text of Revised Section 153.693 – 153.80 click here or visit the Hahn Law construction website http://hlconstructionlaw.com
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