Construction Research Paper

DELIVERY PROCESS DISPUTES - WITH PREVENTION AND RESOLUTION METHODS
By: Kyle Ziebarth

In a perfect world, construction disputes would not exist. There would be perfect communication as well as perfect understanding between all people involved in a construction project. Unfortunately, in the real world there are many factors that are susceptible to disagreement and compromises are often difficult. In 2013, a survey found that 30 percent of firms had been involved in at least one dispute in the previous year. (National Building Specification, 2013) One area where disputes occur is in the project delivery. Project delivery is a comprehensive process including: design, planning, and the actual construction required to complete a project. Choosing
As the name describes, there are three primary phases: design, bid, and build. It also has three primary contractual parties: the owner, the architect, and the contractor. Through this method of delivery, two separate contracts exist, owner to designer/architect and owner to contractor. There is not a formal contract between the contractor and the architect but there is a need for collaboration between the two. The owner and the architect execute a contract for design, the production of construction documents, and administration of the construction process at the beginning of the project. The owner is responsible for communicating to the contractor the plans and specs. The contractor is then responsible for building the project as was designed. It is also important to note that the owner is responsible for any differences between the plans and specs and must understand what is required for performance. This method is considered universal, easy to understand, and has clearly defined roles for the parties involved. One downfall to the design-bid-build process is it may have a longer duration compared to other delivery methods, for all the design work must be completed before soliciting the construction bids. In the design-bid-build delivery system it is common for the general contractor to not perform all the work with their own
There are a few different options the owner can choose from under this method, including: Agency construction management, construction management-at-risk, or multiple prime. In agency construction management the manager acts as an agent to the owner, with the construction manager not responsible for any of the design or construction. In this system, the contracts for the architects and contractors are written directly with the owner and the construction manager manages both the architect and the contractor. Depending on the type of service the construction manager chooses to provide, the contractors may be trade contractors, execution contractors, or subcontractors, without having a general contractor. All of these facets may be managed by the construction manager and this type of system is referred to as “Multiple Primes.” Through this, there are multiple contracts with the owner. The architect’s position is then reduced to an advisory role, with the construction manager providing construction administration to the owner. In construction management-at-risk the construction manager is involved in the conception and design of the project rather than showing up after the construction documents are completed. The construction manager in this arrangement provides the owner with a maximum price, then proceeds to manage the project much like a