Free-riding will always be with us.
The key thing is to recognize that Design-Build ( which is what you are involved in ) is a COMPLETELY different mentality and needs a different legal structure.
Your PROSPECT ( he's no client, yet ) is attempting to free-ride upon your EE hat.
Whenever I get such a proposal I shift gears into D-B mode...
I have a separate contract that specifies that design skill and time are INDEPENDENT of contract award.
IF the prospect wants me to be his -- on the cuff EE -- AND it's within my competence -- THEN the design work has a $$$$ figure to be paid as liquidating damages should I NOT get the contract.
It being obvious that all of my work is going to be shared with the eventual bid winner.
IF any prospect is trying to free-ride your design skills then you had better be wise and protect yourself.
Otherwise, you're bankrupt --- chump.
