ASHRAE Journal- September 2008 - 76

the team members or third parties. These projects are fraught binds all of this human capital and intellectual property together, with multiple change orders, hundreds of requests for inter- spells out the team’s mission and purpose, and establishes the pretation (RFIs), identification of building component clashes team’s rules of engagement. during construction, and additional time and additional financial An IBD and IPD approach requires contracts to be unifyclaims due to errors, omissions, unforeseen and unanticipated ing, cooperative, and complementary agreements designed to conditions, and delays as a result of poor and untimely com- foster collaboration and communication and to coordinate and munication during the design or construction phases. Even integrate the efforts of the entire team to produce a successful projects that are perceived as successes often experience many project.5 Many agreements used in design and construction tend similar problems. Many in the industry blame our current forms to have the opposite effect and create adversarial relationships of agreement, contracting and project delivery methods as the that isolate entities and place them in a position of protecting reason conflicts of interest and adversarial relationships between their own interests over the interests of other team members stakeholders seem to occur so often. and over the interest of the public. So how do we manage the life cycle of a building to increase Kent Stair is an attorney in Atlanta who has lectured extenour opportunity for success, minimize our chance of failure, sively on design and construction contracts, and has spent his and keep the process from becoming dysfunctional? How do career defending architects and engineers against claims by we create an integrated design and project delivery process that works? How can we apply new technology to change Contracts are the glue that binds all of this current processes so they more effectively support IPD and delivery of better buildings? First, the single most important action an owner can take human capital and intellectual property is to pay great attention to detail in team selection. Picking the right team is, above all else, the key to great success. together, spells out the team’s mission Second, every successful team must have an effective leader, whether that leader is the owner, architect, contractor, or a third-party leadership coach and facilitator. and purpose, and establishes the team’s How often have you inquired about the qualifications of a company only to be told it can be wonderful or your worst rules of engagement. nightmare depending on who is assigned as your project manager? The team leader must be capable of aligning the owners, contractors, and third parties from errors and omissions goals of the individual members with the goals of the team claims and from claims of delay to the design and construcand instilling the following qualities in every member of the tion process. He often says, “he [his clients] never had a bad executive team and subordinate who has input into the project contract with a good person” and “a good contract is better than a bad contract and no contract is often better than a bad or steps foot onto the project site. These qualities are: • Have an unconditional positive regard for the value, contract.” That said, Stair would be the last person to suggest input, actions, and opinions of everyone working on the that an owner, design or construction professional undertake project, from the top down, to provide the opportunity for or agree to provide any type of professional service without a the best ideas to be identified and applied on the project written contract. and ensure its success; His point in the last quote is that design and construction • Build a high degree of trust and integration among all professionals are legally held to a standard of care that requires stakeholders from the start; them to perform their services consistent with the professional • Encourage a healthy regard for the value of conflict skill and care ordinarily provided by other professionals practic(eliminate the fear of conflict); ing in the same or similar location under the same or similar • Obtain the commitment of each stakeholder in the mis- circumstances. And, many of his clients would have been better sion, purpose, and success of the project, and to the suc- off being judged solely on that standard of care rather than a cess of the other stakeholders; bad contract, which committed them to act in an extraordinary • Create a system of rules of engagement (contracts) that fashion. make each stakeholder accountable for their individual Contract(s) should clearly outline the scope of work, the roles and responsibilities; and owner’s project requirements (OPR), the duties and responsibili• A dedication of each team member to excellence in their ties of all parties to the agreement, and the specific terms and respective work results and to the quality and coordination conditions under which all parties agree to act. In addition to of the work results of the whole building team. the standard of care consumers receive additional basic rights Third, once the owner has exercised diligence in selecting the and receive basic warranties for the contractors actual work team and its leadership, agreements between the various par- products under the Uniform Commercial Code (UCC). ties that define the individual responsibilities and the common Many standard forms of agreement exist for professional purpose of the group must be crafted. Contracts are the glue that services. Equally as many custom agreements are written by 76 ASHRAE Journal ashrae.org September 2008
ASHRAE Journal- September 2008

Table of Contents for the Digital Edition of ASHRAE Journal- September 2008
