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Diary of a BECxP: Delegated Design Dilemmas

September 19, 2022

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March 2022 IIBEC Interface • 25
Delegating the design of portions
of the building enclosure
to specialty contractors
has become common
practice. How can project
participants take full advantage
of the benefits of delegated design while
minimizing risk and avoiding common pitfalls?
This paper draws from both research and professional
experience to assist designers, contractors,
owners, building enclosure consultants,
and building enclosure commissioning (BECx)
providers (BECxP). The authors present an
overview of the motivations for using delegated
design, common problems encountered, contract
and specification language examples, and
summaries of inconsistent policies and requirements
in varying jurisdictions.
Strategies are available to successfully
implement delegated design within both traditional
and modern project delivery methods.
In traditional design-bid-build projects, contract
drawings and specifications define project
requirements. Meanwhile, newer project
delivery methods that include design-assist and
integrated project delivery render opportunities
to employ specialty contractors early in the
design process. With the advent of BECx, early
involvement of qualified building enclosure
consultants and BECxPs in a project can prove
beneficial during both the design and construction
phases.
BACKGROUND AND DEFINITIONS
Delegated design is the transfer of design
responsibility for some portion of the project
to a party other than the designer of record
(DOR). The American Institute of Architects
(AIA) defines delegated design as “design that
is to be completed by the contractor or their
subcontractors.” Ultimately, delegated design
solutions require specific input from a licensed
professional retained by a specialty contractor,
supplier, or fabricator.
The transfer of design responsibility to
specialty contractors has been standard practice
in structural engineering for decades for
projects including deep foundations, shoring
systems, precast concrete framing, cold-formed
steel framing, steel connections, and open-web
wood trusses. While delegated design for building
enclosure components and systems is not
new, it is becoming more widespread. For some
recent projects, DORs have written project
specifications that attempt to delegate the entire
building enclosure design, including transitions
and interface conditions. A trend toward
the increased use of delegated design results in
more project control ceded to the contractor.
DORs may choose to use delegated design
when they lack the knowledge needed to design
specialized systems, such as curtainwalls, metal
panel cladding, insulated precast concrete wall
panels, or connections of these components
and systems to the building structure. More
recently, delegated design items have included
systems such as air barriers. As part of the delegated
design process, the DOR is responsible
for providing performance and design criteria
for the delegated design elements. Design
responsibility is typically delegated by means of
owner-contractor agreements and subcontractor
agreements to a specialty contractor with
expertise in a specific discipline. The specialty
contractor must employ a design professional
licensed in the state or region where the building
will be constructed to complete the design
such that it conforms to the DOR’s specified
criteria.
BENEFITS OF THE
DELEGATED DESIGN PROCESS
One typical benefit is that through their
involvement in the design process, contractors
and their specialty subcontractors gain a better
understanding of the systems and components
they will eventually install, hopefully limiting
requests for information and change orders.
Another benefit is that the unique knowledge
of the specialty contractors’ licensed design
professionals often makes them more qualified
to design portions of the project and enables
them to complete the design more efficiently
than the DOR. Their expertise and efficiency
should theoretically improve design quality
and reduce overall design fees for the project.
Because contractors are responsible for means
Photo by Max Harlynking on Unsplash
This paper was originally presented at the 2021 IIBEC International Convention and Trade Show.
26 • IIBEC Interface March 2022
and methods, they will be able to select a
design solution that works with the tools and
resources available to them, hopefully reducing
construction costs. Although the use of delegated
design alters the traditional process of fully
documenting the project before project award,
it can accelerate the project schedule, which is a
main driver behind many modern and complex
construction projects.
PITFALLS OF THE
DELEGATED DESIGN PROCESS
Delegated design may represent a growing
trend in the building enclosure industry,
but the process does not always go smoothly.
Before considering delegated design for certain
aspects of the project, the DOR should
determine whether the professional licensing
board in the state or region where the project
is located has special regulations regarding
delegated design (Fig. 1). Not all states allow
the DOR to delegate design responsibility for
any portion of a project. States such as Missouri
and Mississippi require the DOR to remain in
responsible charge of the design, even when
shop drawings are prepared by a specialty subcontractor.
California goes a step further by
requiring both the contractor’s licensed professional
and the DOR to stamp specifications
and drawings for delegated design portions of
the project. In states where delegated design
is expressly permitted, there may be specific
requirements for the contractor’s licensed professional
or the DOR to certify that the delegated
design meets performance and design
criteria specified by the DOR. Regardless of
project location, the DOR should review delegated
design documents for conformance with
specified performance and design criteria and
to uphold the health, safety, and welfare of the
public.
Even when it is clear that delegated design is
legally permissible, a DOR who intends to specify
delegated design for portions of the project
should hold early discussions with the owner.
Unless delegated design items are explicitly
excluded from the DOR’s contract, the owner
should reasonably expect them to be included
as part of a complete design by the DOR.
Failure to communicate the DOR’s intention
to include delegated design requirements for
certain building enclosure systems may result
in loss of trust and confusion with the owner.
The DOR’s intention to use delegated
design must also be clearly communicated to
the contractor in the contract documents. In
cases where delegated design requirements are
not clear, the contractor may not appropriately
budget or schedule for the associated tasks. The
contractor cannot be involved in the delegated
design process to the degree necessary without
an agreement from the owner to be paid for
preconstruction services because funds must
be allocated to “buy” delegated design services
from specialty subcontractors.
It is often unclear who is responsible for
coordinating and completing the design of
interfaces between systems or components
designed by the DOR and those designed by
specialty subcontractors. Similar ambiguity
may surround requirements for record drawings,
the roles that the DOR and contractor
will play in developing them, and coordination
of details at transitions with adjacent assemblies
designed by various parties. Inadequately
detailed interfaces often become problematic
during construction and, if overlooked, after
occupancy. These “undetailed details” must be
addressed on the fly during construction, often
leading to inadequate in situ performance and
contention between various parties.
DIFFERING LEGAL STANDARDS
In general, designers and contractors are
held to different legal standards. Designers are
typically required to prepare documents with
a standard of care similar to that of other
designers doing similar work in the same geographic
area at the same point in time. A certain
degree of errors and omissions is expected and
acceptable. However, contractors are held to
a contract standard, requiring them to complete
the project according to the drawings and
specifications, and often to guarantee or warrant
performance. When the project specifications
include delegated design responsibilities,
the contractor can inadvertently assume risk
beyond what would be typical for a designer.
These risks can sometimes be addressed
Figure 1. Limited summary of professional licensure regulations regarding delegated design. Note: DOR = designer of record.
March 2022 IIBEC Interface • 27
through additional insurance or by including
contract language to clarify that the contractor
will only be held to a professional standard of
care for delegated design services.
STANDARD CONTRACT LANGUAGE
The contract documents, including the
owner-contractor agreement, are the vehicle
for delegating design responsibility to the contractor.
The term “delegate” can be considered
a misnomer, however, because the DOR typically
has no contractual relationship with the
contractor. As such, the DOR cannot explicitly
delegate design services to the contractor. What
takes place is a form of design allocation and
shifting responsibilities by means of separate
owner contracts with the DOR and the contractor.
AIA standard agreements are widely used.
The standard AIA owner-contractor agreements
incorporate AIA A2011 as the general
conditions by reference. The following points
summarize the provisions applicable to delegated
design (including those shown in Fig. 2)
given in AIA A201-2017 Section 3.12.10:
• The contractor cannot be required to
provide professional design services
unless specifically required by the contract
documents for a portion of the
work.
• The contractor cannot be required to
provide professional design services in
violation of applicable law.
• If professional design services are specifically
required of the contractor by
the contract documents, the owner and
DOR are required to specify all performance
and design criteria.
• The contractor is entitled to rely on the
adequacy and accuracy of the performance
and design criteria provided in
the contract documents.
• If the contract documents require the
contractor’s licensed design professional
to certify that the work has been performed
in accordance with the design
criteria, the contractor shall furnish
such certifications to the DOR.
Further, AIA standard general conditions
do not consider shop drawings and submittals
to be part of the contract documents (Fig.
3). For traditional design-bid-build projects,
submittals and shop drawings serve as a quality
assurance measure to demonstrate how the
contractor proposes to implement the DOR’s
design. This traditional treatment of submittals
and shop drawings may no longer hold true
for projects incorporating the delegated design
process, depending on final specification language,
which may supersede standard general
conditions.
A coalition of organizations in the architecture,
engineering, and construction
industries, including the Associated General
Contractors (AGC), has developed a set of standard
contracts referred to as ConsensusDocs.2
ConsensusDocs 200 Section 3.15 provides a set
of requirements related to delegated design that
are similar to those from AIA. AGC requirements
include the following:
• If the design of a particular system or
component to be incorporated into the
project is specifically required of the contractor
by the contract documents, the
owner is required to specify all required
performance and design criteria.
• The contractor shall not be responsible
for the adequacy of performance and
design criteria provided in the contract
documents.
• As required by the law, the contractor
shall procure design services and
certifications necessary to satisfactorily
complete the work from a licensed
design professional. The signature and
seal of the contractor’s licensed design
professional shall appear on all drawings,
calculations, specifications, certifications,
shop drawings, and other
submittals related to the work designed
or certified by the contractor’s licensed
design professional.
In contrast to AIA A201, the AGC standard
contract language typically considers approved
submittals (including shop drawings) to be part
of the contract documents.3
The Engineers Joint Contract Documents
Committee (EJCDC) has issued a less-frequently
used family of contract documents.
The EJCDC language is somewhat similar to
that of the other contract documents regarding
signed and sealed documents and performance
criteria provided by the owner or DOR. The
following points summarize EJCDC C-7004
requirements for delegated design:
• If professional design services or certifications
by a design professional related
to systems, materials, or equipment are
specifically required of the contractor
by the contract documents, the owner
and DOR must specify all performance
and design criteria.
• The contractor shall provide required
design services or certifications by a
properly licensed professional. The
signature and seal of the contractor’s
licensed design professional shall appear
on all drawings, calculations, specifications,
certifications, shop drawings, and
other submittals related to the work
designed or certified by the contractor’s
licensed design professional.
• Shop drawings and other submittals
related to the work designed or certified
by the contractor’s licensed design
professional, if prepared by others, shall
bear the licensed design professional’s
Figure 2. Excerpts from AIA A201 Sections 3.12.10 and 3.12.10.1 (emphasis by authors).
Figure 3. Excerpt from AIA A201 Section 3.12.4 (emphasis by authors).
28 • IIBEC Interface March 2022
written approval when submitted to the
engineer.
Similarly to AIA standard contracts,
EJCDC standard contracts do not specifically
consider shop drawings and submittals to
be part of the contract documents. If AIA or
EJCDC standard contracts are used, language
must be added to the supplementary conditions
or project specifications before shop drawings
and approved submittals related to delegated
design elements are unequivocally considered
contract documents.
AIA, AGC, and EJCDC standard contracts
all require the DOR to provide the contractor
with performance and design criteria for delegated
portions of the project. Responsibility
for design intent (identifying appropriate performance
and design criteria) remains with the
DOR. The standard contracts only allocate the
responsibility for providing a design solution to
the contractor as part of the delegated design
process.
DELEGATED DESIGN AND BECx
When portions of the building enclosure
design are delegated, a BECxP has the unique
opportunity to assist in protecting the owner’s
interests by providing an added layer of quality
assurance to confirm that delegated designs are
coordinated throughout the project.
The following industry documents describe
the BECx process:
• ASTM E2813-18, Standard Practice for
Building Enclosure Commissioning5
• ASTM E2947-16a, Standard Guide for
Building Enclosure Commissioning6
• NIBS Guideline 3-2012, Building
Enclosure Commissioning Process BECx7
According to ASTM E2813, BECx is a
process that begins with the establishment of
the owner’s project requirements (OPR) and
endeavors to confirm that the exterior enclosure
and those elements intended to provide
environmental separation meet or exceed the
expectations of the owner as described in the
OPR, and as defined by the contract documents.
Delegated design affects building enclosure
performance because, as stated in NIBS
Guideline 3, “due to the integration and connectivity
of building enclosure systems, a performance
deficiency in one system can result
in less than optimal performance in other
systems.” Therefore, if a delegated portion of
the building enclosure or its interfaces with
adjacent components and systems are poorly
designed or detailed, or are otherwise not coordinated
with one another, the performance of
the entire building enclosure will likely suffer.
NIBS Guideline 3 also asserts that “the
most reliable means to achieve performance
targets during construction is to assure that an
expert with technical knowledge of the design
and installation of the systems being proposed
for the building is integrated into the design
process and to visually observe the installation
of a statistical sampling of the work,” and
that “the most effective commissioning process
ideally begins at project inception.” A qualified
BECxP, in conjunction with the owner and
DOR, can identify delegated design items and
potential associated problem areas early during
the design process.
TYPICAL BECx ACTIVITIES
ASTM E2813 and ASTM E2947 describe
requirements for two levels of BECx: fundamental
and enhanced. For both levels, BECxPs
provide architecture- and/or engineering-related
services on behalf of the owner. Their
services typically include independent design
reviews of enclosure-related drawings and
specifications during the design phase, and
direct and substantive participation during the
bidding and negotiation, preconstruction, construction
administration, and occupancy and
operations phases of the project. The differences
between the fundamental and enhanced
BECx levels include the latest point in the project
delivery process when the BECxP may be
engaged (design development versus schematic
design), the minimum number of independent
design reviews during the design phase (1
versus 3), and minimum testing requirements
Figure 4. Preconstruction mock-up constructed in two phases.
during the preconstruction and construction
phases.
The BECx process described in ASTM
E2813, ASTM E2947, and NIBS Guideline 3
assumes project delivery by means of a designbid-
build arrangement. However, NIBS
Guideline 3 acknowledges that the BECx
process will vary based on the project delivery
method, and that many of the activities
described can be applied to any project delivery
method. As such, there is some latitude for the
BECxP to adapt to projects that include significant
delegated design.
All three documents reference the BECxP
as performing an independent design review of
the drawings and specifications, and state that
the BECxP should pay close attention to interface
details and review the design documents
for constructability, performance requirements,
and continuity of the building enclosure.
This task is particularly important when
many portions of the building enclosure design
are delegated and the building enclosure design
is complex. During the design review(s), the
BECxP should note locations where adjacent
or interconnected systems and components
are delegated to different design professionals
and identify areas where clarifications regarding
design and detailing of interface conditions
are recommended. During specification
review, the BECxP should verify that delegated
design elements are clearly identified and that
complete performance and design criteria are
provided. Best practice is to include delegated
design requirements in Division 01, such that
technical specification sections can reference
and expand on those general requirements.
The three referenced BECx documents also
include similar language requiring the BECxP
to provide technical assistance during the
review of building enclosure–related submittals
and shop drawings for conformance with
the contract documents, as well as aspects such
as constructability, coordination of interface
conditions, installation tolerances, sequence of
installation, and material compatibility. BECxP
involvement during submittal review can provide
significant benefits because it provides an
extra layer of assurance that interface conditions
are detailed and that delegated designs are
in general accordance with the DOR’s specified
performance and design criteria. Clearly, DOR
drawings for a project employing delegated
design will generally not include all final interface
details because so much of the design is
yet to be completed by the contractor and the
specialty designers.
BECx also typically involves mock-ups
during the construction phase. Both fundamental
and enhanced forms of BECx require first
installation mock-ups, but standalone mockups
covering interface conditions between various
components and systems are also highly
beneficial because they provide an opportunity
to identify and resolve issues before they are
constructed on the building. The authors have
had significant success with projects employing
the following strategies associated with preconstruction
mock-ups:
• Identifying delegated design components
and systems early in the project,
well in advance of the mock-up design
and construction
• Holding a meeting with the project
team, including building enclosure
subcontractors, to review delegated
design project requirements and interface
and coordination issues that will
be addressed during the mock-up
• Requiring building enclosure coordination
and interface details be developed
and approved by the DOR and
contractor in advance
• Constructing the mock-up in two
phases, with phase 1 including the
structure, exterior sheathing, air and
water barriers, cladding attachments,
fenestration, barrier walls, roofing system,
and primary sealant joints (Fig. 4)
• Reviewing in-progress construction,
including interface details, and performing
limited field quality-control
testing of the phase 1 mock-up before
completing the mock-up during phase 2
Establishing requirements for a two-phase
mock-up is suited for inclusion in a dedicated
Division 01 specification section. The BECxP,
who is often tasked with developing the project-
specific BECx specification, can develop
and review such requirements with the project
team early during the design phase.
SPECIFICATIONS FOR DELEGATED
DESIGN REQUIREMENTS
Specifications should define the scope
and clarify expectations for delegated design
Figure 5. Example of Division 01 article with requirements for delegated design services. Note:
DOR = designer of record.
March 2022 IIBEC Interface • 29
30 • IIBEC Interface March 2022
services. Figure 5 shows an example of language that is often
included for this purpose in Specification Section 013300,
Submittal Procedures; Section 014000, Quality Requirements;
or another appropriate Division 01 section. (Currently, there
is no dedicated number or title defined by the Construction
Specifications Institute for “delegated design.” The authors often
observe general delegated design requirements tucked within
other Division 01 sections.) Regardless of location, it is imperative
that the DOR include general delegated design requirements
within Division 01, such that those general requirements and
definitions need not be reintroduced within each technical specification
section that includes delegated design.
Technical specification sections for specific building enclosure
systems and components (typically found in Divisions 03
through 09) should explicitly state when delegated designs are
required. The specifications should be performance based rather
than proprietary or prescriptive so that they specify only the
design requirements and not the design solution. Specifications
should include all performance and design criteria that the
specialty contractor will need to complete the design and list all
required submittals.
Figure 6 includes an example of insufficient performance
requirements specified for the delegated design of a glazed alumi-
Figure 8. Comparison of ASTM E11059 and AAMA 5038 definitions of water penetration and water leakage.
Figure 6. Example of insufficient performance requirements for a
curtainwall system.
Figure 7. Example of submittal requirements for a curtainwall
system.
num curtainwall system. The same specification
section may also require that a signed and
sealed delegated design submittal be provided
to indicate compliance with the specified performance
requirements (Fig. 7). Although the
curtainwall in the example has been specified
to be designed to withstand movements of the
supporting structure, the specifications fail to
provide information as to the magnitude of
anticipated movements. Similarly, no requirements
related to curtainwall system deflection
are provided. The specialty contractor’s design
professional cannot be expected to reanalyze
the entire structure. The DOR should provide
anticipated building movements as part of
the performance specification requirements or
elsewhere within the contract documents.
Additionally, the specifications do not
include requirements related to water penetration,
air infiltration, energy performance, or
other similar items. During the design phase,
a qualified BECxP would identify these issues
so that project specifications could be appropriately
updated. Ultimately, the project specifications
should include information such that
the listed performance requirements meet or
exceed those established by the OPR. The specialty
designer should then provide substantiation
of the stated requirements by means of the
delegated design submittal process.
COORDINATION WITH FIELD QUALITYCONTROL
TESTING REQUIREMENTS
Field quality-control testing requirements
are typically listed in Part 3 of individual specification
sections. An example of incomplete
field performance requirements related to water
penetration of a glazed aluminum curtainwall
may include language such as the following:
“Test for water penetration in accordance with
AAMA 503 and ASTM E1105 requirements.
Test at a pressure of 10 psf.” Although this language
references AAMA and ASTM standards,
it fails to specifically indicate failure criteria.
Figure 8 summarizes the failure criteria
for AAMA 5038 and ASTM E1105.9 As indicated,
failure criteria differ depending on the
chosen standard. AMMA 503 provides criteria
for both water leakage and water penetration,
whereas ASTM E1105 only addresses water
penetration. Ambiguity regarding definitions
of water penetration and leakage will persist if
the terms are not specifically defined within the
project specifications.
At location 1 in Fig. 8, for example, ASTM
E1105 would not recognize water accumulation
as water penetration, whereas AAMA 503
would consider 0.5 oz of water or more accumulated
on the horizontal surface as water leakage.
Therefore, the example specification language
is unclear as to whether water entering though
the curtainwall and pooling on a horizontal
mullion but not crossing the “innermost plane”
by spilling over the edge of the mullion would
be considered a violation of the performance
specification. Similar ambiguity would exist at
location 3. The only place where both standards
agree is location 2, where water crossing the
innermost plane (noted by the dashed red line)
would constitute water penetration.
If these issues are not addressed during
the design phase, ambiguities and incomplete
specification language can lead to conflict over
whether or not the DOR’s performance requirements
have been met. A BECxP can assist
in addressing potential confusion over field
quality-control testing requirements by recommending
that specifications clearly include the
following information:
• Component or system to be tested
• Quantity and timing of tests
• Locations of tests
• Test standard or description of test
• Test method or methodology
• Pass/fail criteria
March 2022 IIBEC Interface • 31
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• Party responsible for testing and
reporting
• Reporting requirements
• Required additional testing in case of
failed tests
• Party responsible for costs associated
with failed tests
These items can be defined in a Division 01
BECx specification section drafted by the
BECxP with approval by the DOR and owner.
DESIGN LOADS
AND CONNECTIONS
The DOR’s drawings are the most effective
means for communicating overall dimensions,
quantities, locations, design loads, and other
quantitative requirements for delegated design
systems or components. The drawings should
also clearly indicate attachment locations
between the delegated systems and structure
so that the DOR’s design assumptions are easily
understood. To avoid conflicting information,
each of these items should be shown in a single
location.
For example, the DOR may specify loads
applied to a precast concrete wall system on the
framing plan (Fig. 9) and required embed spacing
for the connection between the wall panel
and the elevated slab in a connection detail
(Fig. 10). These requirements are properly only
included in one location.
INTERFACE CONDITIONS
Interface conditions can be especially problematic
when early coordination of separate
designs does not occur. There is a lack of consensus
as to whether it is the responsibility of
the contractor or the DOR to coordinate details
where two delegated design systems interface.
Qualified BECxPs should use their unique role
to assist in identifying interface conditions and
suggest that the DOR clarify which entity is
responsible for coordinating transition detailing.
Specialty subcontractors do not prepare
delegated designs until after their contracts
have been awarded. Therefore, coordination
of interface details generally occurs during
the construction phase. The BECxP should
provide technical assistance during submittal
reviews regarding conformance with the contract
documents and coordination of interface
conditions. If several delegated design systems
interface, it may be prudent to recommend
coordination meetings, preconstruction mockups,
and field quality-control testing of these
conditions.
Figure 11 shows a rudimentary example
of a situation where interface conditions can
become problematic, especially if details are
repeated on a project. If two specialty designers
provide flashing details compatible with
their delegated design system, but transitions
between systems are not addressed, issues associated
with the “holes” in the building enclosure
may manifest, potentially resulting in the need
for repairs after occupancy.
DEFERRED SUBMITTALS
Because delegated designs are typically
completed during the construction phase,
documentation for these components is often
not available when the DOR’s drawings and
specifications are first submitted to the building
department for permit. The building
department will frequently require the delegated
design documents be provided as a
deferred submittal before either the installation
or inspection of delegated design components.
The 2018 edition of the International
Building Code (IBC 2018)10 defines deferred
submittals as “those portions of the design that
are not submitted at the time of the application
that are submitted to the building official within
a specified period.” Section 107.3.4.1 of IBC
2018 further states that “deferred submittal
items shall not be installed until the deferred
submittal documents have been approved by
the building official.” Informal survey results
from building departments throughout the
United States reveal that building department
requirements regarding deferred submittals
vary widely in practice (Fig. 12). Many locales
require deferred submittals to be submitted
and approved before construction. In these
cases, building departments may provide useful
guidelines or checklists to assist with the
deferred submittal process. In other locales,
there may be no clear policy, or the in-place
policies may be unclear or incomplete. It therefore
becomes important for the project team to
become familiar with local requirements before
embarking on a project that includes delegated
design and deferred submittals.
STRATEGIES FOR MODERN
PROJECT DELIVERY METHODS
In the traditional design-bid-build project
delivery method, the DOR’s drawings and specifications
are typically completed before the
Figure 9. Excerpt of designer of record’s drawing
depicting loading for a delegated precast concrete
wall panel.
Figure 10. Designer of record’s detail depicting delegated precast concrete wall panel.
March 2022 IIBEC Interface • 33
contractor is selected. Projects incorporating
significant delegated design do not lend themselves
well to traditional approaches because
the specialty delegated designs are completed
partially or wholly during the construction
phase. Modern project delivery methods such as
design-assist and integrated project delivery
sometimes alter contractual relationships and
the division of liability. The main shift, however,
relates to the time when the contractor
and specialty subcontractors become involved
in the project. Instead of waiting until the construction
phase, the general contractor (GC)
and key specialty subcontractors are selected
during the design phase of the project. Given
the early involvement of specialty subcontractors,
these project delivery methods are often
referred to as “collaborative design.”
Contractual relationships for design-assist
projects vary considerably. Design-assist is typically
considered a subset of the construction
manager (CM) at risk project delivery method
where the CM is contracted with the owner or
directly with the DOR to provide input during
the design process. The DOR may also contract
with specialty subcontractors as subconsultants,
though this contractual relationship
remains rare.
Contracts for integrated project delivery
are developed such that the owner, DOR, and
GC or CM share in the success or failure of the
overall project. The AIA provides a free guide
to integrated project delivery to assist project
teams in navigating such projects.11 The guide
states that “where assigned work scopes require
a constructor to perform design services, it will
need to handle that task consistent with registration
requirements. This is no different than
in the case under a non-integrated approach.”
As such, the unique contractual arrangement
required for integrated project delivery should
not have a significant
impact on
delegated design
r e s p ons i b i l i t y
when compared
to more traditional
approaches. No
matter the delivery
method, the DOR
is still required to
provide performance
and design
criteria for delegated
design systems
and components
included as part of
the project.
Because collaborative
project
delivery methods
involve selection
of the contractor
early during the
design phase, there
is the opportunity
for specialty contractors
to begin
developing their
delegated design
documents before
the DOR’s drawings
and specifications
are complete. This is becoming the norm
for complex buildings and makes it even more
important that the BECx process commence
early, thus allowing the OPR to guide the DOR
and delegated designers alike.
Figure 11. Example of a potentially problematic interface condition between delegated systems.
Figure 12. Informal survey results from building departments in the United
States regarding deferred submittal policies.
Register Early ABAA Enclosure AIR THE • • • • 34 • IIBEC Interface March 2022 CONCLUSION
While delegating the design of building
enclosure systems and components might
seem simple in concept, best practices are still
evolving and confusion reigns in the industry.
Experienced BECxPs can play a valuable role in
identifying potential problem areas and providing
additional quality assurance during both
the design and construction phases. By working
together to apply the strategies listed within this
paper to both traditional and modern project
delivery methods, the project team can minimize
risks associated with the delegated design
process even as more control of project design
is ceded to contractors and their specialty subcontractors.
REFERENCES
1. American Institute of Architects (AIA).
2017. General Conditions of the Contract
for Construction. AIA Document
A201–2017. Washington, DC: AIA.
2. ConsensusDocs Coalition. n.d.
ConsensusDocs. https://www.consensusdocs.
org/.
3. Associated General Contractors (AGC).
2017. Document 200 Standard Form
of Agreement and General Conditions
Between Owner and Contractor. 2017
ed. Arlington, VA: AGC.
4. Engineers Joint Contract Documents
Committee (EJCDC). 2018. Standard
General Conditions of the Construction
Contract. EJCDC C-700. Alexandria,
VA: EJCDC.
5. ASTM International. 2018. Standard
Practice for Building Enclosure
Commissioning. ASTM E2813-18.
West Conshohocken, PA: ASTM
International.
6. ASTM International. 2016. Standard
Guide for Building Enclosure
Commissioning. ASTM E2947-16a.
West Conshohocken, PA: ASTM
International.
7. National Institute of Building Sciences
(NIBS). 2012. Building Enclosure
Commissioning Process BECx. NIBS
Guideline 3-2012. Washington, DC:
NIBS.
8. American Architectural Manufacturers
Association (AAMA). 2014. Voluntary
Specification for Field Testing of Newly
Installed Storefronts, Curtain Walls and
Sloped Glazing Systems. AAMA 503-14.
Schaumburg, IL: AAMA.
9. ASTM International. 2015. Standard
Test Method for Field Determination of
Water Penetration of Installed Exterior
Windows, Skylights, Doors, and Curtain
Walls, by Uniform of Cyclic Static Air
Pressure Difference. ASTM E1105-15.
West Conshohocken, PA: ASTM.
10. International Code Council. (ICC).
2020. 2018 International Building Code.
Country Club Hills, IL: ICC.
11. AIA. 2007. Integrated Project Delivery:
A Guide. Washington, DC: AIA.
ADDITIONAL RESOURCES
• Chertoff, G., and N. Ansari. 2019.
“Design Delegation—Legal Definitions,
Practical Considerations and the Need
for Clarity.” Paper presented at the AGC
2019 Conference on Surety Bonding
and Construction Risk Management,
January 28–30, 2019, Bonita Springs,
Florida.
• Construction Specifications Institute
(CSI) and Construction Specifications
Canada. 2016. MasterFormat.
Alexandria, VA: CSI. https://www.csiresources.
org/standards/masterformat.
• Council of American Structural
Engineers Guidelines Committee. 2013
(September). “Delegated Design: It Is
All about Communication.” Structure
Magazine pp. 50–52. https://www.
structuremag.org/?p=692.
• Hoigard, K., and D. Boatwright. 2019.
“Assigning the Design of a Complex
System: Delegated Design Done Right,”
Building Enclosure. https://www.
buildingenclosureonline.com/articles/
88185-assigning-the-design-of-acomplex-
system.
• Payne, M. 2019. “Construction Industry
Misconceptions on Building Enclosure
Commissioning.” IIBEC Interface 37
(4): 19–26.
• Reicher, P., and J. Arnold. 2018.
“Specification Strategies for Field
Testing Success.” In RCI Inc. 2018
Building Envelope Technology
Symposium Proceedings, November
16–17, 2018. http://iibec.org/wp-content/
uploads/2018-bes-reicher-arnold.
pdf.
• Robinson, K., C. Franchuk, and G.
Murnane. 2018. “Assignment of Design
to Constructors: A Discussion and
Direction.” The Construction Specifier
71 (11): 89–16.
• Robinson, K., C. Franchuk, and G.
Murnane. 2019. “Assignment of Design
to Constructors: Continuing the
Discussion.” The Construction Specifier
72 (1): 8–17.
• Robinson, K., C. Franchuk, and G.
Murnane. 2019. “Assignment of Design
to Constructors: Documentation and
Drawings.” The Construction Specifier
72 (2): 50–56.
• Slowey, K. 2019. “The Dotted Line:
How to Manage the Risks of Delegated
Design.” The Construction Dive. https://
www.constructiondive.com/news/dotted-
line-how-to-manage-the-risks-ofdelegated-
design/527661.
Demetria Boatwright,
EIT, CDT,
is a technical staff
member with the
structural engineering
team at Raths,
Raths & Johnson
Inc. She has experience
with a variety
of projects involving
condition assessment,
field investigation,
forensic research, and
documentation of
structural components and systems and distressed
buildings. Boatwright is an enrolled professional
engineer intern with the State of Illinois and a certified
Construction Document Technologist. She
is an active member of the Structural Engineers
Association of Illinois and its Women in Structural
Engineering Committee, and she serves as secretary
of the Resilience Committee for the National
Council of Structural Engineers Associations.
Demetria E.
Boatwright, EIT, CDT
Patrick E. Reicher,
REWC, REWO, SE,
CCS, CCCA, is a
principal with Raths,
Raths & Johnson
Inc. He has experience
with the forensic
investigation, evaluation,
and repair design
of existing building
enclosures, as well as
building enclosure
consulting and commissioning
for new
construction projects.
Reicher is a structural engineer in Illinois and a
professional engineer in several states. He is also
a Registered Exterior Wall Consultant, Registered
Exterior Wall Observer, Certified Construction
Specifier, and Certified Construction Contract
Administrator. He currently serves on several
committees and task forces for IIBEC and the
Fenestration and Glazing Industry Alliance.
Patrick E. Reicher,
SE, REWC, REWO,
CCS, CCCA