New PDB contracts highlighted during high-demand national CCDC roadshow

The continuing growth of progressive design-build (PDB) as a construction delivery model has led to significant changes in CCDC contract standards, prompting project participants to turn out en masse this spring at national seminars explaining the new documents. The principal documents CCDC published in May of this year are the new CCDC 32-2026 Progressive Design-Build [...] The post New PDB contracts highlighted during high-demand national CCDC roadshow appeared first on constructconnect.com .

The continuing growth of progressive design-build (PDB) as a construction delivery model has led to significant changes in CCDC contract standards, prompting project participants to turn out en masse this spring at national seminars explaining the new documents. The principal documents CCDC published in May of this year are the new CCDC 32-2026 Progressive Design-Build Contract, its companion CCDC 33-2026 Progressive Design-Build Service Contract Between Design-Builder and Consultant, and the CCDC 32G-2026 Guide to CCDC 32 Progressive Design-Build Contract. CCDC also published updates to its traditional design-build (DB) contracts: the CCDC 14-2026 Design-Build Stipulated Price Contract and its companion CCDC 15-2026 Service Contract Between Design-Builder and Consultant.

Toronto-based McMillan LLP counsel Geza Banfai, immediate past ex officio legal representative on the CCDC who again participated in the development and revision of the newest CCDC contracts, said during a written exchange the CCDC’s national roadshow was evidence of the keen interest in PDB. The cross-Canada tour in April and May to promote the new documents featured 24 sessions with over 900 attendees throughout the country. “The progressive design-build documents are a major change,” stated Banfai.

“PDB has emerged as an appealing project delivery method for owners desiring greater collaboration with its design-build team while better managing risk. CCDC has kept pace.” Banfai said there has been discussion of adding further sessions in the fall to meet the continuing demand.

The CCDC (Canadian Construction Documents Committee) develops and maintains Canada’s standard construction contracts, forms and guides through a consensus process involving owners, contractors, consultants and legal experts. Two-stage process The CCDC stated in its course materials PDB is a totally different delivery model than traditional DB despite the similarity in the term. Banfai explained unlike traditional DB, PDB involves a two-phase process – the project development phase and the design/construction phase.

CCDC 32 notably features a “final project proposal,” which ties into other contract documents such as the owner’s statement of requirements. Banfai noted the parties are required to commit to the design/construction phase only at the final project gate, when the design elements, schedule, final contract price and other terms are agreed to be sufficiently established. If agreement cannot be reached at any project gate, the parties are allowed to terminate their relationship using an off-ramp.

He said in PDB, the parties “progress” through project development before the “go/no go” decision to proceed with the completion of design and construction is made. “This is the key difference between PDB and DB,” said Banfai. In DB, the parties lock into their relationship – the owner makes its “go/no go” decision and the design-builder commits to a stipulated price – at the outset of their relationship.

In PDB, that decision to proceed is deferred until the end of the project development phase, when the parties have worked through matters collaboratively and transparently. The owner gets the benefit of locking into its “go” decision only at that point, with better assurance the project can actually be achieved for the money available, Banfai explained. The design-builder gets the benefit of knowing its final proposal is both accurate and better aligned with the owner requirements that the design-builder assisted in preparing.

‘Housekeeping’ updates The CCDC 33-2026 Progressive Design-Build Service Contract Between Design-Builder and Consultant is intended to cover the relationship within the design-build team, between the design-builder and its consultant. It is intended to be used with the CCDC 32 form. In addition to confirming the method of compensation, it covers the various professional services to be provided by the consultant during both the project development and design/construction phases.

Banfai said CCDC 14 and 15 are DB contract documents that have been in place for many years and are well understood. He said the current revisions are mostly housekeeping updates that include a new definition of instruments of service, provisions integrating any design work done by the owner’s consultants, and greater clarity around ownership of the design and its right to use by the owner.