Tag Archives: risk avoidance

Improving the relationship between general contractors & architects/engineers (Tues Tip guest post)

Posted on by

The following is a Tuesday Tip guest post authored by the folks at Tools & Parts Direct, out of the United Kingdom.  The basic take away?  Good communication can save your project!

Disagreements between general contractors and architects are not only detrimental to the productivity of the project but can be costly as well.  As in any relationship, communication is the most important aspect and making sure that everyone is on the same page will go a long way towards the smooth flow of operations. Mutual respect is equally important for getting the job done without costly interruptions and blame shifting. By knowing the roles and responsibilities of each other, the relationship can be strengthened by complementing each other`s strengths and working together on any weaknesses. [Editor’s note: One way of ensuring good communication on the construction project is having a thorough, written scope of services for the designer, and thorough construction documents for the contractor.]

Since both the contractor and architect have their own distinct roles to fulfill in the building process it is important that they work together right from the start. This will prevent any confusion and avoid costly changes to the plans later on in the project. The contractor will also have enough time to point out to the architect what aspects of the plan might turn out to be impractical or impossible to implement.

When both the owner & the general contractor agree to keep the design team involved in the process during construction, this can help get the project built on time and under budget.  For example, instead stopping work to contact the architect over an unexpected site condition, it is often more efficient to simply keep the design team involved so that any field conditions can quickly be tackled together. This will eliminate, or at least minimize, tension where one party blames the other for mistakes; this type of tension often leads to a breakdown in communication, further costs, and even litigation between the parties.

boxing

It’s better if the architect & contractor avoid a boxing match!

—————————————-

Any changes suggested by contractor or the architect/engineer should be discussed first, and only after both the pros and cons have been weighted should a final decision be made. This will avoid situations where contractors feel like the architect is running the show or vice versa. Too much ego from either side will quickly sour the relationship and must be avoided at all costs.

Scheduling regular meetings on the site ensures that the owner can be sure that both parties are working in harmony. By having an open discussion with both the contractor and architect present, neither party will feel like anyone has gone behind their back and mutual solutions to problems can be discussed. Whether the argument is about unforeseen conditions, or site access, (almost) everything can be resolved with efficient communication.

Do you have a good story about a positive or negative relationship with a contractor?  Share your lessons learned in the comments section below.

Photo (c) The Cosmopolitan of Las Vegas via Creative Commons.

Pick Up the Phone! (Tues Tip)

Posted on by

phoneToday’s Tip is a simple one: Pick up the phone to ensure good communications on the construction project.  Too many of us naturally default to email or text message when communicating on the fly.  Without the tone of voice, however, many times things get misconstrued or taken out of context. 

I’m sure you’ve had the experience of emailing someone, and later learning they are mad or offended at something you said.  You thought the comment was innocuous.  They took it the wrong way.  Apologies were necessary; feelings were hurt.

While telephoning the other party can take more time, it keeps things on an even keel.  Tones can be “read” and misunderstandings can be cleared up right away. 

The next time you need to have a substantive communication with the Owner or Contractor, try the telephone.  You know, that email-checking/text-enabling device that is always with you?  It can telephone folks too.  Try it.

This post was in no way inspired by any misunderstood emails involving the author.  (Am I serious, or kidding? Hard to tell, isn’t it?).

———————-

Photo:  (c) Victor Manuel via Creative Commons license.

 

 

Construction, er make that CONTRACT, Administration services: a primer (law note)

Posted on by

[Update 12:42 pm ET, 11/3/11– CA is for Construction Contract Administration, or “Contract Administration” for short- thanks Liz O’Sullivan]

 One of the Architect’s responsibilities on a construction project is that of construction contract administration (“CA”).  While not every contract contemplates the architect performing a CA role, most commercial construction projects do.  What, exactly, should be included in the CA role?  The CA role can be whatever the parties agree upon.  In fact, the AIA A201 form contract documents anticipate that the architect’s role will be defined in an exhibit. 

Construction Construction Contract Administration
§ 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect’s responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents.
What, then, should be included in the CA role assigned to the architect?  The nature of the construction administration role is project specific.  Some projects require a full-time on-site architect, a clerk of the works, or a weekly or bi-weekly site visit.  Because the nature of the CA role cannot be adequately described in a form document, it is especially critical that you take care to describe the specific CA duties assigned to the architectural team in detail.
site observation by architect
 
One of the main CA roles for the design team is that of site observation. Consider:
  • What frequency is contemplated for visits?
  • How long should those visits last? 
  • What is your role during such site visits?
I see many disputes that arise over a misunderstanding as to how often the architect should be on-site, and what his role is in observing the contractor’s work once he is there.  Again, being specific will only help you to avoid misunderstandings, possible litigation, or even extra liability later on.
 
Perhaps the most important concept to remember for your CA role on a construction project: never agree to “inspect” the contractor’s work.  Your role should be observation to see that the work is in general conformance with your design.  You cannot guarantee the contractor’s work (nor would such be insurable).  Therefore, be careful to use the word “observation” and not the word “inspect” in your CA description.
 
What have been your construction observation experiences? Drop me a line and tell me your story.  (And thanks to my many new readers to the blog this week!).
 
 
 
 Photo (c) Mark Hogan via CC.
 
 

 

Scope of your Design Services: Make Yours Detailed to Save Cavities Later! (Law note)

Posted on by

I’ve written in the past about the benefits of having not only an explicit Scope of Work, but also a set of Exclusions from the Scope of Work, in your proposals and contract documents.  Recently, this issue has come up again for me in the course of advising clients who are now facing litigation over whether or not a particular service was to have been part of their lump sum design fee.

scope mouthwash versus scope of services
Do you know what is in your Scope of Services?

————————————–

The Scope of Services (and related Excluded services) should be as detailed as possible.  Consider all of the typical issues that can derail a project, and address them upfront, such as:

  • Additional Services: are they needed? How are they compensated?
  • The Proposal v. the Contract Description—which prevails?
  • Value engineering issues — does the designer share the credit?
  • Extended construction: Is A/E paid for extended delays leading to additional on-site administration?
  • Contingencies & Assumptions included in the design?
  • Number of bidding rounds included in the A/E’s fee before additional compensation is due?
  • Delivery of Owner equipment (Fixtures, Furnishings & Equipment) and delays associated with same?
  • Safe harbor provisions for expected errors & omissions?

This is just a short list of items to consider when drafting your Scope of Services. Remember, an ounce of prevention is worth a pound of cure, so make sure your proposals and contracts have thought through the entire scope of possible services prior to starting work.

 Thoughts? What issues have you run into on construction projects that could have been prevented with a good Scope of Services provision?  Share below.  
 
 
 
Photo (c) mandolux via CC.

Get Your Flu Here! (aka: Don’t Miscommunicate on Your Construction Project!) (Tue Tip)

Posted on by

Continuing our theme from last week’s donkey sign about communicating clearly with your client, today we have another sign to add to our growing collection.  This one is an example of marketing-gone-awry, and comes to us from the good folks at Target:

Flue HQ sign

Now, I’m sure the marketing folks though that “Flu HQ” was a nice little rhyme.  However, I’m not sure Target really wants to be known as the headquarters of the annoying, damaging, and sometimes fatal disease called the flu. 

I’m sure what Target meant by “Flu HQ” was that it carried all of the supplies and medicines needed to help alleviate flu symptoms.  But that’s not exactly what it is saying by this sign.

I can hear some of you now saying that I’m arguing semantics, which is typical for a lawyer.  Remember, though, when it comes to large construction disputes– everyone has a lawyer (or two, or three) and semantics will come into play. 

Consider this another fair warning to have your construction contracts in place, and vetted by both your attorney and your insurance carrier to prevent miscommunication.

——————————–

Photo in this post: Creative Commons License