The goal of this blog to further discussion regarding construction delivery methods. I focus on design-build construction, but I am always interested in any delivery method or technique that has been successful. As a lawyer, I do not subscribe to the delusion that I perform a useful function in society. Let’s face it. If stuck on a desert island, the ability to draft a legal pleading is not the “go to” skill. Therefore, I like to think I contribute by helping others build buildings.
Twenty years ago, when I first started practicing construction law, I was stunned to discover that the prevailing attitude between owners, architects and contractors was distrust. The first task after the signing the construction contract was hiring the claims consultant. After representing owners, contractors and designers, I have learned all of these wonderful people are simply trying to accomplish the same task: create a successful project that 1) accomplishes owner’s goals; 2) comes in on time and on or under budget; and 3) is an asset to the community.
Studies from the world of construction and manufacturing show that the best way to create a fabulous project is for all of the parties to communicate, cooperate and collaborate. Involving the constructor early in the process and solving problems at the earliest possible time However, the prevailing design-bid-build delivery method and price only procurement does not foster an environment where the parties can work together. Rather, design-bid-build and price only procurement encourages the “claim first, talk later” attitude that was prevalent when I first started practicing. My inclination was that there has to be a better way. I became fascinated with design-build because it represents that better way. It is the only delivery method that places the risk in the hands of the party best able to manage the risk. Design-build, when implemented correctly, fosters a collaborative environment where the parties can communicate, innovate and create amazing results.
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