How Deferred Submittals / Delegated Design has evolved for high-rise construction
Presented: Terrence McDonnell, PE, SE, PEng, SECB. Principal, CTL GROUP
Daniel A. Dorfman, Partner, Chair, Fox Swibel Levin & Carroll, LLP
High-rise buildings are filled with various design professionals at multiple stages. For the design team, but what about the design professionals on the contractor’s team? Of course, we are speaking about DELEGATED DESIGN.
According to some legal experts “Design Delegation is the assignment of responsibility, by the provision of performance criteria, for the design of a discrete portion of a construction project by the licensed, professional “Design Team of Record” (the “Delegator”), typically through a construction manager or general contractor which is not a licensed design professional, to a specialty contractor (the “Delegatee”)”
How this work is accomplished in practice with regularity from one project to another is worth discussing, as the authors have noticed a wide variation in the actual practice of specifying and delivering delegated design.
The City of Chicago has also taken note of this. In 2023, the City of Chicago reached out to SEAOI (The Structural Engineers Association of Illinois) in an attempt to guide Architect, Engineers, Developers, and Building Owners, for a more consistent expectation of the deferred submittal / delegated design process within the city of Chicago.
Examples within high-rise design include, but are not limited to;
This presentation will review excerpts from various building codes, AIA contracts, project examples, and other relevant materials to provide background on the information available to design professionals, contractors, and building owners. There is more information available than many realize.
In addition, we will review a “DRAFT” document created by the joint committee of the City of Chicago and SEAOI, whose purpose is to clarify the roles and responsibilities that the City of Chicago expects within a deferred submittal / delegated design process. We will review the three possible means by which a deferred submittal may be processed. Finally, we will facilitate an interactive discussion on the topic of deferred submittals and delegated design with the audience members.
About the Presenters:
Terry R. McDonnell combines practical engineering expertise with an understanding of modern advancements in the building industry, committing every day to finding new and innovative ways to turn his clients’ ideas into reality. Currently, Terry serves as the overall Division Lead for Building Envelope Services within CTLGroup. His experience includes providing multidisciplinary projects that deliver cutting-edge solutions for a variety of building types, including commercial offices, education, hospitality, healthcare, sports and entertainment, transportation, and more. Terry has a passion for pushing the boundaries of practical design and performance of structural glass and glazing systems, conducting forensic investigations and conditional assessments, and delivering large-scale adaptive re-use on both modern and historic building types. Terry also teaches part-time at the University of Michigan and serves as a guest lecturer at various prominent institutions, including IIT, the University of Illinois, the Challenging Glass Institute, Cornell University, and Façade Tectonics. He is active in the architectural and engineering communities, both in the Chicago area and at the national level.
Daniel A. Dorfman is a Capital Partner and Co-Chair of Fox Swibel’s Chambers-ranked Construction Law Group and is consistently recognized by Chambers USA as a leading construction attorney. He represents major owners, developers, and general contractors nationwide on their most significant projects, from drafting and negotiating complex agreements to litigating and arbitrating high-stakes disputes. His work includes advising developers, professional sports teams, and contractors on the creation of stadiums and large event venues, navigating risk and resolving challenges to keep projects on time and on budget. Daniel also serves as outside general counsel to many clients, supporting their ongoing business and operational needs beyond individual projects.
This meeting will take place at:
Waterview
350 W Wolff Point Plaza
15th Floor,
Chicago, IL 60654
The committee meeting will start at the usual time 5:00 pm in the LaSalle Room with drinks and appetizers. At 6:00 pm we will adjourn for our business meeting and technical presentation.
Do you have a program you would like to share with the committee, please feel free to reach out to our program coordinator at jose.estrada@clarkdietrich.com
