Alternative Project Delivery
We regularly represent a variety of public and private clients on projects procured using the alternative processes authorized by ch. 39.10 RCW, including Design-Build, Progressive Design-Build, General Contractor / Construction Manager (GC/CM) and Job Order contracts.
Pacifica’s lawyers were instrumental in the initial drafting and passage of Washington’s alternative project delivery statute (ch. 39.10 RCW), and we maintain one of the Washington’s premier practices in this area.
We assist clients from the inception of alternative delivery projects, including:
- The evaluation of proposed project delivery methods (i.e., confirming that the proposed method is the right choice for the project at hand),
- Guidance on application to the Washington State Project Review Committee for project-based approval under ch. 39.10 RCW,
- Advice concerning procurement and selection of project delivery consultants,
- Drafting procurement documents (including development of Design-Builder and/or GC/CM selection criteria), and
- The negotiation and drafting of the various project agreements (e.g. preconstruction services agreements, MACC amendment) and other contract documents.
We also, where necessary, assist public and private clients in disputes arising from alternative delivery projects, and the unique issues raised by the various ch. 39.10 RCW statutory processes.
Our recent representative projects include numerous School District Design-Build projects (including Progressive Design-Build projects), a Progressive Design-Build county transit maintenance facility, a phased GC/CM transit facility, a GC/CM Project on behalf of a Seattle art institution and procured/constructed in accordance with ch. 39.10 RCW, Seattle’s waterfront tunnel project completed in 2018 (the largest Design-Build Project in Washington State history), and a GC/CM county courthouse project.