New Progressive Design-Build Contracts Unveiled Amid Growing Interest

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The Canadian Construction Documents Committee has introduced new Progressive Design-Build contracts in response to increasing demand for collaborative project delivery methods.

The rise of progressive design-build (PDB) as a construction delivery model has prompted substantial modifications to the Canadian Construction Documents Committee (CCDC) contract standards. This shift has driven project stakeholders to actively participate in national seminars this spring, aimed at elucidating the newly published documents. In May, CCDC released several key documents: the CCDC 32-2026 Progressive Design-Build Contract, its companion CCDC 33-2026 Progressive Design-Build Service Contract Between Design-Builder and Consultant, and the CCDC 32G-2026 Guide to CCDC 32 Progressive Design-Build Contract. Additionally, updates were made to traditional design-build (DB) contracts, including the CCDC 14-2026 Design-Build Stipulated Price Contract and its related CCDC 15-2026 Service Contract Between Design-Builder and Consultant.
Geza Banfai, a counsel at McMillan LLP and the immediate past ex officio legal representative on the CCDC, noted in a written exchange that the CCDC's national roadshow was a clear reflection of the heightened interest in PDB. The tour, which took place across Canada in April and May, comprised 24 sessions with over 900 attendees, illustrating the widespread engagement with the new documents. "The progressive design-build documents represent a significant shift," Banfai remarked. "PDB has become an attractive project delivery method for owners seeking enhanced collaboration with their design-build teams while effectively managing risk. CCDC has adapted to keep pace with these changes."
Banfai also mentioned that there are plans to potentially add more sessions in the fall to accommodate the ongoing interest in the subject. The CCDC is responsible for developing and maintaining Canada’s standard construction contracts, forms, and guides through a consensus process that includes input from owners, contractors, consultants, and legal experts.
The CCDC highlighted in its materials that PDB is fundamentally distinct from traditional DB, despite the similarities in nomenclature. Banfai clarified that PDB utilizes a two-phase process: the project development phase followed by the design/construction phase. Notably, CCDC 32 introduces a concept of a "final project proposal," which integrates with other contract documents, such as the owner’s statement of requirements. This approach mandates that the parties commit to the design/construction phase only at the final project gate, where design elements, schedule, final contract price, and other terms are firmly established. If consensus cannot be reached at any project gate, the parties have the option to terminate their relationship using an off-ramp.
In PDB, the progression through project development occurs before the critical "go/no go" decision is made regarding the completion of design and construction. Banfai emphasized that this is the core distinction between PDB and DB. In traditional DB, the parties commit to their relationship from the outset, with the owner making a "go/no go" decision and the design-builder agreeing to a stipulated price at the beginning.
In contrast, PDB allows for a deferred decision to proceed until the end of the project development phase, ensuring that the project can be realistically achieved within the available budget. This structure benefits both the owner, who can make a more informed "go" decision, and the design-builder, who can present a final proposal that aligns closely with the owner’s requirements.
The CCDC 33-2026 Progressive Design-Build Service Contract Between Design-Builder and Consultant is designed to govern the relationship within the design-build team, specifically between the design-builder and its consultant. It is intended to complement the CCDC 32 form, confirming the compensation method and detailing the various professional services that the consultant will provide during both the project development and design/construction phases.
Banfai noted that the CCDC 14 and 15 contracts, which have been in place for many years, have undergone mostly housekeeping updates in their current revisions. These updates include a new definition of instruments of service, provisions that integrate any design work performed by the owner’s consultants, and enhanced clarity regarding design ownership and usage rights by the owner.

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