Contracts

Do You Really Want to Contract with the Greater Fool?

Do You Really Want to Contract with the Greater Fool?

One of my typical roles as an owner advisor is to review proposed construction management at-risk (CMAR) and design-build contracts from a commercial perspective—i.e., what’s the likely marketplace reaction to the contract and is the contract consistent with the philosophy behind collaborative delivery? I am continually amazed by what I see.

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Clarify to Specify

Clarify to Specify

Words are important — an obvious truism and pertinent to a collaborative project delivery effort. The action item is to ‘mobilize the language’ for maximum effect in our contract documents for water/wastewater projects. First, a quick anecdote: A lawyer friend (not mutually exclusive) shared a simple and keen observation when I first worked with him on a contract review. He asked, “Know the difference between an engineer and a lawyer?” After searching my library of lawyer jokes, I had to admit ignorance of the difference. He said, “Lawyers know they’re not engineers.”

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Collaborative Contracting: How To Be An Ally

Collaborative Contracting: How To Be An Ally

How many times have you read about construction projects that are delayed, over budget, have quality issues, or involve complicated claims? Historically, these are common occurrences in the construction industry that primarily derive from a misalignment of incentives between project owners, engineers, and contractors. Traditional contract models, which often position owners and contractors on different sides, are typically the root of the problem, yet they are still in widespread use, creating the risk of continued project overruns and performance shortcomings.

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