Endorsed by OAA Council in January 2025, the refreshed Practice Tips PT.23.6 and PT.23.7 provide suggested amendments to CCDC 14-2013 and CCDC 15-2013 for use in design-build projects.
The launch of Practice Tip PT.25, Design-Build: Using OAA 600–2021 (as previously announced in the Practice Advisory) identified the need to update the following related documents:
• PT.23.6, Design-Build: CCDC 14-2013, Design-Build Stipulated Price Contract; and
• PT.23.7, Design-Build: CCDC 15-2013.
Though updates to both CCDC contracts are anticipated soon, these Practice Tips are updated as part of a minor maintenance cycle.
Overview of the Process
These updated resources were developed by starting with the current version of both PT.23.6 and 23.7, then making adjustments that parallel the updates to PT.25 Design-Build: Using OAA 600-2021.
Both the OAA Practice Resource Committee (PRC) and external legal counsel provided review and input on the updates to the Practice Tips, addressing the impact of the changes between the OAA 600-2013 and 2021 contracts. Their comments were incorporated into the document, along with the completion of minor editorial changes.
Key Changes
Key changes to these Practice Tips include:
• updated references (e.g. from PT 23.1 to 23.11 to coordinate with new CCDC 2-2020 and from the older version of CHOP to the latest version);
• updates to address prompt payment in the Construction Act (note: the prompt payment requirements described in the language added to GC 4.1.3 of PT.23.7 have not been changed by the Construction Act amendments under Bill 216);
• update to address indemnity from sub-contractor’s use of Instruments of Service;
• considerations for the holder’s role in payment certification;
• update to address a professional liability concern about providing legal advice; and
• addition of a reference to PT.25 to consider the concerns addressed in that PT’s suggested amendments for members to consider when using CCDC 14-2013.
Other Updates and Resources
These updates are meant to be part of a minor maintenance cycle, as updates to both CCDC contracts are anticipated soon.
For additional information, consult the Index to Practice Tips and the Index to Contracts and Guides.
This article originally appeared in the Practice Advisory, a newsletter developed by the OAA’s Practice Advisory Services team, which offers numerous resources for both members and the public. The OAA does not provide legal, insurance, or accounting advice—readers are advised to consult their own legal, accounting, or insurance representatives to obtain suitable professional advice in those regards.