Florida Construction Project Delivery Methods

Project delivery methods define the contractual and organizational framework through which a construction project moves from concept to completion. In Florida, the choice of delivery method affects risk allocation, schedule, cost control, permitting sequencing, and compliance with state procurement statutes. This page covers the primary delivery structures used on Florida commercial and public projects, the regulatory context governing each, and the factors that drive method selection.

Definition and scope

A project delivery method is the system that establishes the roles, responsibilities, and contractual relationships among the owner, designer, and builder throughout a project's life cycle. Florida Statutes Chapter 255 governs procurement on public construction projects and explicitly authorizes specific delivery methods for state agencies and political subdivisions (Florida Statutes § 255.20). Private commercial projects are governed primarily by contract law and the Florida Commercial Construction Contracts framework, with fewer mandated procurement constraints.

The four delivery methods most commonly encountered in Florida are:

1. Design-Bid-Build (DBB) — the traditional sequential model
2. Design-Build (DB) — single-entity responsibility for both design and construction
3. Construction Management at Risk (CMAR) — a contractor engaged early as a consultant, with a guaranteed maximum price
4. Construction Management (Agency CM) — a consultant role with no construction risk assumed

Each method produces distinct contractual structures, licensing obligations, and permitting timelines. Florida's Department of Business and Professional Regulation (DBPR) licenses the contractors and design professionals who participate in these structures, and project teams must hold the appropriate credentials for the work scope regardless of delivery model.

Scope and coverage limitations: This page addresses Florida-specific statutory and regulatory context for commercial and public construction projects within the state. It does not cover federal procurement regulations (e.g., FAR/DFARS for federal agency projects), private residential contracts governed solely by Florida's residential contractor statutes, or procurement rules specific to the Florida Department of Transportation, which maintains a separate program framework described at Florida Department of Transportation Construction. Projects crossing state lines or involving federal funding introduce additional layers not covered here.

How it works

Each delivery method follows a discrete sequence of phases with different points of owner decision-making and risk transfer.

Design-Bid-Build proceeds in three sequential phases: (1) design completion to construction documents; (2) competitive bidding or negotiation; (3) construction under a separate general contractor. The owner holds two separate contracts — one with the architect/engineer and one with the contractor. Florida public agencies using DBB on projects over $300,000 must follow competitive bidding requirements under § 255.20, Florida Statutes. Permitting occurs after design completion, meaning the full permit set is submitted before a contractor is under contract. This creates a clear sequence but extends overall project duration.

Design-Build, addressed in detail at Florida Design-Build Construction, merges design and construction under a single contract entity. Florida Statutes § 287.055 (the Consultants' Competitive Negotiation Act) and § 255.20 authorize DB procurement for public entities. The owner issues a Request for Proposals (RFP) with performance criteria; the DB entity holds the architect-of-record license and the general contractor license within one firm or through a joint venture. Permitting begins earlier in the project timeline because design development proceeds in parallel with mobilization. This overlap compresses schedule but requires the owner to lock in scope earlier.

Construction Management at Risk involves engaging a CMAR contractor during the design phase as a consultant, then transitioning to a construction contract with a Guaranteed Maximum Price (GMP) once sufficient design detail exists — typically at 60–90% construction documents. The CMAR provides cost estimating, constructability review, and schedule input before the GMP is established. Florida public entities may use CMAR under § 255.103, Florida Statutes. See Florida Construction Management at Risk for the statutory procurement sequence. The CMAR holds a licensed general contractor credential under Florida General Contractor License requirements.

Agency Construction Management uses a CM as a fee-based consultant with no construction risk. The owner holds all trade contracts directly. This model is less common on Florida commercial work but appears on large institutional projects where the owner retains a sophisticated internal team.

Common scenarios

Florida's construction volume and project types create predictable alignment between project characteristics and delivery method:

• Large public facilities (courthouses, schools, university buildings): CMAR is frequently selected because Florida Board of Governors regulations for the State University System and school board procurement rules recognize it as a preferred method for complex, phased work.
• Toll infrastructure and transit: Florida public construction projects of this type often use DB because the Florida Department of Transportation and transit agencies have established DB standard documents.
• Tenant improvement and commercial renovation: DBB or negotiated GC contracts dominate Florida commercial renovation construction due to defined scope and rapid bid cycles.
• Coastal and hurricane-resilient construction: Projects subject to Florida Hurricane Resistant Construction Standards and the Florida Coastal Construction Control Line require specialized permitting coordination that influences whether a DB entity or a traditional DBB sequence better manages regulatory timelines.

Decision boundaries

Owners selecting a delivery method evaluate five primary variables:

1. Schedule compression need — DB and CMAR allow design-construction overlap; DBB does not.
2. Scope definition at project outset — DBB requires complete design before bidding; DB can proceed with performance specifications only.
3. Risk tolerance — DB shifts maximum risk to the single-entity contractor; CMAR provides a GMP but the owner retains design liability through the architect contract; DBB separates design and construction risk entirely.
4. Procurement mandate — Public owners must comply with § 255.20 and § 287.055 thresholds and procedures; private owners have contractual freedom.
5. Licensing and bonding structure — All methods require Florida Construction Bonding Requirements compliance and properly licensed subcontractors under Florida Construction Subcontractor Requirements.

The Florida Building Code, administered under Florida Building Code Overview, applies identically across all delivery methods — the method does not alter code compliance obligations, inspection sequences, or permit issuance authority. Safety obligations under Florida's OSHA State Plan and Florida Construction Safety Regulations similarly attach to the responsible contractor regardless of the contractual structure in place.

References

• Florida Statutes § 255.20 — Competitive Bidding on Public Construction
• Florida Statutes § 287.055 — Consultants' Competitive Negotiation Act
• Florida Statutes § 255.103 — Construction Management
• Florida Department of Business and Professional Regulation (DBPR)
• Florida Department of Management Services — Construction Procurement
• Florida Department of Transportation — Construction Program
• Florida Building Commission — Florida Building Code