A good example of a recent design-assist project is Little Caesars Arena, the home of the Detroit Red Wings of the NHL and the Detroit Pistons of the NBA. This arena, which replaced the Joe Louis Arena and the Palace, is the anchor of the new entertainment and sports district in Detroit’s downtown. The arena is a multi-use facility for sports, tradeshows, concerts and conventions. The construction was reportedly completed through a design-assist process that allowed contractors to play a large role in finalizing the Arena’s design.

“Design-assist” is a term and a concept that has been gaining popularity in the construction industry in recent years, but what does it actually mean, and what are the rights and obligations of parties entering into these agreements? Indeed, only a handful of reported cases even reference the concept of design-assist. Joel D. Heusinger, Ambiguity Breeds Conflict: The Importance of Defining ‘Design-Assist” in the Construction Industry, 11 Journal of the ACCL 1, n.2 (2017). None of those cases was decided under New Jersey law.