An approach to adjusting design build for the modern construction industry

Design-Build (DB) has rapidly evolved into the leading project delivery method in U.S. transportation infrastructure, now representing nearly half of all construction spending projected between 2024 and 2028. Yet, even as DB has become mainstream, many state laws that govern its use have not kept pace. In several states, statutes remain outdated or inconsistent and often lack the flexibility needed to support modern tools such as Progressive Design-Build (PDB), or clear provisions for independent cost and quality oversight through Independent Cost Estimators (ICEs) and Independent Quality Firms (IQFs). This gap between how projects are delivered in practice and how they are authorized in law has resulted in inefficiencies, reduced competition, and weakened public transparency.This study aimed to bridge that gap by developing and validating a practical, evidence-based framework for updating Design-Build legislation. Using a mixed-methods approach, the research integrated three key components: a nationwide review of statutes across all 50 states; in-depth interviews with subject-matter experts representing 14 state Departments of Transportation (DOTs), contractors, consultants, insurers, and federal officials; and an artificial-intelligence-assisted legal analysis using advanced large-language-model (LLM) based AI systems. The findings revealed that while 47 states authorize Design-Build broadly, fewer than half explicitly permit flexible procurement tools such as stipends, negotiations, or Alternative Technical Concepts (ATCs), and even fewer reference the independence of ICEs or IQFs. States with more mature statutes—those that embed flexibility and independent oversight—consistently demonstrate higher transparency, stronger cost control, and greater stakeholder trust.The resulting framework serves as a practical guide for legislative improvement by helping states integrate adaptability, independent oversight, and balanced risk allocation into their statutes. Validated through documentary evidence, practitioner insights, and AI-supported clause analysis, the framework assists lawmakers and public agencies in identifying statutory gaps, benchmarking existing policies against national best practices, and drafting targeted updates to modernize Design-Build legislation. By combining human expertise with artificial intelligence, this framework provides a clear pathway for accelerating policy modernization and ensuring that Design-Build programs across the United States operate with greater transparency, flexibility, and accountability.