Construction Reform Brings New Process for Hiring Designers

Reform measures under a recently adopted Ohio construction law are aimed at streamlining the process for hiring engineers, architects, surveyors and design-build services for public projects.

The legislation, Amended H.B. 153, contains notable changes to the detailed process under the Design Professional Selection Law for announcing projects and evaluating and selecting designers. Among the changes is the addition of design-build service firms to the new announcement procedure.

Ohio’s current construction law requires public authorities to announce the need for design professional services in a manner that provides sufficient notice and timelines, a general project description and qualifications required, and an explanation of how to be considered for the project. The new law:

• Permits public authorities to send announcements to any of the following that it considers appropriate: (1) design-build firms; (2) professional design firm associations; (3) news media; or (4) any other publication or public media.
• Requires evaluation of only those public design firms that responded to the announcement.
• Requires, upon the ranking of the top three design firms most qualified, negotiation with the next ranked firm on the list where negotiations with a professional design firm do not result in a contract. Further, the process must be repeated in the event that negotiations with the first three ranked firms do not result in a contract.

Other changes to Ohio’s design professional selection law under H.B. 153 include the revision of the definition of public authority to include a state institution of higher education and to exclude the Ohio Turnpike Commission.

The reform measures will be effective following the Ohio Department of Administrative Services’ issuing of detailed implementation procedures, which is not anticipated until 2012.

For a memo containing further details about the changes, contact Jess Enyeart.

To read the complete text of HB 153, including the changes to Ohio construction law, visit this page.

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Jess T. Enyeart is an attorney in Warren, Ohio. His practice areas include business law, business financing, collections and probate law.