| An
area of increasing concern on public agency work is litigation. Many
of these problems can be avoided with good design, partnering, and
win-win contracts. The new tools and techniques help foster this.
However, if things turn sour, we are experts in defending our clients
from claims and in avoiding litigation. When we do get into litigation,
our clients have always won within three days of jury selection.
We are
great proponents of the owner staying in control and partnering.
In our claims and litigation classes we often contrast two projects.
On the good project, the owner remained in control. On the bad project,
the owner maintained only as inspection role by yielding all responsibility
to one general contractor who had a conflict of interest.
Good
Project
Eleven
design companies and eleven multiple prime contractors were used
instead of one general contractor.
Started
construction of early packages within a few weeks during design
phase of later packages.
Demolition,
excavation, underground utilities, etc. were started early.
Fewer contractors
and subcontractors on site at peak (20 instead of 40).
Change orders
did not carry over into other contracts
.
Matching
contracts with liquidated damages simplified the coordination
.
Owner maintained
considerable flexibility and was able to change the scope as wetland
permits became available for the CFS building, and the Corps permit
was denied for the fill necessitating a bridge.
Owner saved
10% mark up on subcontract work by action- as general contractor.
Competitively
bid change order work.
Results:
The project was originally planned to take four years. Fast tracking
with multiple primes indicated the project could be done in 26 months.
The project was finished on time to the day, within 4% of the conceptual
budget. The Owner grew from 27th largest to 7th largest in the nation.
Everybody, including the contractors came out as winners. There
were many promotions and the team spirit was such that the participants
still brag about the "miracle project."
Bad
Project
The owner wasted 18 months of valuable construction time by bidding
all work in one package.
The design
had to be predicated on perfect conditions, no asbestos, no hazardous
materials, no problems with pile driving, etc., because none of
the preliminary construction work was done early enough to uncover
such deficiencies.
The general
contractor predicated his bid price on a "right to finish early"
clause and resource leveled all float out of the schedule. He then
claimed that any change order, no matter how small, impacted the
project.
The owner
lost all flexibility when change orders did occur because the ripple
effect impacted all the work.
All the
contractors eventually started at the same time and there were 30
subs on site instead of 15, which caused terrible congestion and
compounded schedule impacts.
The general
contractor front end loaded the schedule at the north end of the
site and then reversed scheduled all the subcontractors, which delayed
the whole project and jeopardized the subcontractors.
The general
contractor put in two-part change orders and reserved all rights
to schedule impact to the end of the project.
Results:
The project finished late and cost $127 million instead of $67 million.
At least ten subcontractors were bankrupted, including some local
companies that had been in business for 30 years. The quality on
the project suffered as a result. Litigation is still ongoing, five
years after project completion.
"Except
in the middle of a battlefield no where must men coordinate the
movement of other men and all materials in the midst of such chaos
and with such limited certainty of present facts and future occurrences
as in a huge construction project. Even the most painstaking planning
frequently turns out to be mere conjecture, and accommodation to
changes must necessarily be of the rough, quick and ad hoc sort,
analogous to ever changing
command on the Battlefield".
Blake
Construction vs. C.J. Coakley Company 431A.2d
(DC1981) Fifth Circuit Court Page 493
If these guys
think they have problems, they should try software development or
research projects.
Each
industry thinks it has the worst problems. We have found that the
problems are surprisingly common across industry boundaries and,
in most cases, professional project management can help dramatically.
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