In a recent article in the ABA’s “Under Construction” publication (link here) the author describes a trend among some major contractors, including SNC-Lavalin, Fluor Corporation and Granite Construction, to leave the DB and EPC space.  Other large contractors have announced similar intentions.  The problem appears to be that the DB and EPC delivery methods are returning losses – or at least not the anticipated profits – on recent projects.  Whatever the actual cause of these losses may be, the recent trend is at odds with decades of prior trends in the opposite direction.  Numerous articles and surveys revealed the desire of large owners and contractors alike to grow DB and EPC as the favored delivery method.  While contractor appetite may be currently waning during a sellers’ market, most owners still desire these delivery methods because they create a single point of responsibility and lend themselves to better schedule and performance guarantees from the combined construction and design team.  When the field of DB and EPC contractors shrinks, it will open up competitive opportunities from other contractors willing to take the risk with the possibility of greater reward.

Photo of Eric Grasberger Eric Grasberger

Eric Grasberger focuses his practice on development and construction law, including development risk analysis and risk shifting, contract drafting and negotiating, insurance review and analysis, construction defect claims, delay and impact claims, lien and bond claims, and public contracts, bid disputes and public…

Eric Grasberger focuses his practice on development and construction law, including development risk analysis and risk shifting, contract drafting and negotiating, insurance review and analysis, construction defect claims, delay and impact claims, lien and bond claims, and public contracts, bid disputes and public improvement exemptions. He has represented numerous private and public owners and developers, as well as contractors, in all facets of development and construction law. Eric, a partner in Stoel Rives’ Construction and Design group, is chair of the Construction and Design group and co-chair of the firm’s Sustainable Real Estate Development Team. He was selected by Best Lawyers® as Portland Construction Law Lawyer of the Year for 2018 and 2015.

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