Kenneth M. Block and Joshua M. Levy’s article “New York Slow to Embrace the ‘Design-Build’ System,” which appeared in the Aug. 10, 2016 edition of the New York Law Journal, raises an important issue regarding the legality of the design-build project structure in New York state construction. As Block and Levy note, the use of design-build, in which one entity is engaged to perform both the design and construction for a project, has the potential to limit the degree of finger-pointing, recrimination, and complex litigation associated with construction by consolidating responsibility for the delivery of a project in one entity. Id. at 5. Design-build also has the potential to reduce delay in the construction process. Id. Recently, this issue has emerged in mainstream political discourse. See, e.g., Winnie Hu, “State Slow to Embrace Approach that Streamlines Building Projects,” N.Y. TIMES, Dec. 26, 2016, at A16.
The New York State Education Law requires business entities to possess a “certificate of authorization” in order to engage in the professional practice of engineering. N.Y. EDUC. LAW §§7202, 7210(1) (McKinney 2016 & Supp. 2017). Case law suggests that the purpose of this requirement “is to protect the public health and safety.” See Charlebois v. J.M. Weller Assocs., 531 N.E.2d 1288, 1291 (N.Y. 1988) (quoting Richard Conditioning v. Oleet, 236 N.E.2d 639, 640 (N.Y. 1968)).
