CONNstruction - Winter 2008 - (Page 9)

newsandviews A Return to Trust – Partnering By John B. Farnham CCIA Director of Administration AGC/CT Executive Director BIM, BAM, BOOM! What’s next? We have LEAN construction, LEED, Integrated Project Delivery Systems, Building Imagery Modeling, and Construction Systems Management Programs. We now have delivery systems all over the map – CM as Agent, CM at Risk, Design-Build, Bridging, Flash Track, and Design-Bid-Build and so on. For all the new delivery systems and technological advancements, the industry has yet to solve its biggest conundrum. How do we protect our own company’s risk? We can’t trust anyone else to protect our issues but us. So, the real puzzle becomes – how can we move towards a different approach to achieve cooperation and trust? Everyone says they are committed to “project success” – owners, designers, construction managers, trade contractors, consultants, suppliers, etc. – however, we often find that projects end up costing more money than necessary, get bogged down in disputes and changes, run over the schedule due to lack of cooperation among the stakeholders, and an assortment of other mind-numbing is- One component of the new Partnering is workable sues that can screw up the works. At any alternative dispute resolution process. Frustrated with rate, you can keep changing the delivery system, add improvements in technology, litigation, owners and contractors are looking for new and adopt various new practices – and ways to prevent and resolve project disputes. the problems still persist. Unfortunately is resolved on its merits. The process itself creates a this is the culture that we (the industry) have created deadline for resolution. and it is not a culture of trust. It may take some heavy lifting to get the Connecticut We need the industry to initiate a new approach industry to take a serious look at Partnering at this to Partnering for both public and private. This will retime. Now is the time for action. We will keep you quire an industry culture change. We need to change posted on our progress. the process so that the stakeholders don’t view each other as adversaries. The solution to this issue will take an implementation strategy that is owner-driven. Working with other industry organizations – AIA, CEC, ABC, CMAA, CSA, and the Construction Institute – we could move the ball forward. Partnering, which had its roots in early 1990s, has been proven to be an effective process for developing collaborative relationships. Recently, through the efforts of the International Partnering Institute, Partnering has been updated for the 21st century. The new approach includes dispute resolution panels and project progress tracking, along with a renewed sense of what is required in order to make it work. One component of the new Partnering is workable alternative dispute resolution process. Frustrated with litigation, owners and contractors are looking for new ways to prevent and resolve project disputes. When looking at ADR, there is a hierarchy. Starting with less formal processes such as Partnering, the dispute moves to more formal ADR processes such as arbitration until it is resolved. This multi-tiered approach has proven very successful for many owners and contractors. The new Partnering sets forth a Partnering Dispute Resolution Ladder. Also, follow-up partnering sessions are used for dispute prevention and team alignment, but it also may be an excellent forum for Issue Resolution Partnering. This “course correction” can be instrumental in turning around a project that is going sour. The process also reinforces the concepts of Partnering and asks the project team to recommit to the process. After all, even after the dispute is resolved, the stakeholders still have to work together. Facilitated dispute/claims resolution is an extension of the partnering process, bringing together all stakeholders with a trained, neutral facilitator. The session is held in an informal setting with each side presenting their “story,” facts, and supporting information. With the help of the facilitator, disputes are broken down into parts (sub-issues), and each part CONNstruction / Winter 2008 / 9

Table of Contents for the Digital Edition of CONNstruction - Winter 2008

CONNstruction - Winter 2008
The Next Phase of Contracting Reform
A Return to Trust – Partnering
Building Our Future and Theirs
New “Green Buildings” Law Presents Opportunities and Challenges
Internet Searches and Job Applicants
First Impressions
ConnDOT Hosts the Nation’s Transportation Officials
Reducing our Environmental Footprint
Connecticut Apprenticeship Program Handles Industry Changes and Demands for New Workers
2008 Construction Career Days Program
Contractors Must Become More Diligent During Workers’ Compensation Rate Decline
UCAC General Membership Meeting/Lifetime Achievement Award
John “Jack” Costello Memorial Scholarship
Marvin Morganbesser’s Retirement Dinner
Index to Advertisers

CONNstruction - Winter 2008