ACT NOW to urge your Michigan Representative to vote NO on HB 5538 (Design-Build for Schools)
PLEASE contact your State Representative ASAP to ask them to vote NO on House Bill 5538. This legislation violates Article 20 and allows a ‘design-builder’ to offer design professional services if the design-build firm employs a licensed architect or engineer. Under HB 5538, the architect/engineer is employed by the design-builder and thus is supervised by and responsible to them as an employee or by a contract. Unfortunately, the duties to the design-builder and the owner can come into conflict. By contrast, where the architect/engineer is under contract directly by the owner, that sort of conflict can never arise.

Find & Contact Your Legislator: https://www.house.mi.gov/#findarepresentative

Contact them via email or phone and say:

“Representative XXXXX,

I am urging you to vote NO on House Bill 5538. This legislation violates Article 20 and allows a ‘design-builder’ to offer design professional services if the design-build firm employs a licensed architect or engineer. Under HB 5538, the architect/engineer is employed by the design-builder and thus is supervised by and responsible to them as an employee or by a contract. Unfortunately, the duties to the design-builder and the owner can come into conflict. By contrast, where the architect/engineer is under contract directly by the owner, that sort of conflict can never arise.

–  In order to safeguard the public, it is necessary to ensure that life safety decisions are made by those licensed to do so. Therefore, the composition of the design-build firm must comply with Michigan licensing laws if they are offering engineering, architectural, or surveying services.
– There is great potential for a conflict of interest when the architect/engineer is employed by the design-builder and not by the owner. The school district could be harmed.
– HB 5538 eliminates “checks and balances” for the school district as the school district is not required to directly hire a licensed engineer/architect to review design plans and specifications or oversee construction activities.

Sincerely,

YOUR NAME”

Further Legislative Information:

https://www.legislature.mi.gov/(S(0oafc1pdjhnvrsfqsq5qedgv))/mileg.aspx?page=getobject&objectname=2021-HB-5538&query=on

For more information feel free to contact the following Michigan GAC members:

Jan Culbertson, jculbertson@a3c.com

Jeff Ferweda, jeffrey@sfarch.us

Eric Biller,  billere@progressiveae.com

Steve Smith, ses@pobox.com