Who owns the work product in a design-build project?

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In a design-build project, the design-builder owns the work product because they are responsible for both the design and construction phases of the project. This integrated approach allows the design-builder to effectively manage the project from inception through completion, ensuring that the design intent is maintained while also meeting the construction requirements.

Ownership of the work product typically resides with the entity that creates it, which in the context of design-build means the design-builder, as they employ the architects, engineers, and construction teams needed to generate the deliverables. This arrangement simplifies the flow of information and decision-making, as the design-builder can effectively control and coordinate how the project develops.

While other entities such as the owner may have rights to access and use the work product, the design-builder retains ownership of the intellectual property and the documents produced during the project's lifecycle. This ownership structure is essential for project efficiency and helps to mitigate potential conflicts that can arise when multiple parties are involved in various aspects of the work product.

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