It is with great sadness that we announce the passing of Ralph Liebing, RA, CSI, CDT, an occasional contributor to this blog. Ralph's weekly per-SPEC-tives email newsletter was welcomed reading in my inbox each Wednesday morning.
Ralph died on February 9, 2014, leaving behind a wife, a daughter, a son and a granddaughter.
Tom Hellmann, AIA, Senior Vice President and Director of Architecture and Interior Design at Hixson Architecture, Engineering and Interiors said, "He was a great associate and even better man." Hear, hear. Ralph's intelligence, humor and home-spun wisdom will be missed by all who knew him. There is a giant hole in construction knowledge left by his passing.
Here is a link to his obituary and final arrangements. http://www.boltonandlunsford.com/obituaries
"Felt Tips" are supplements to the newsletter The Constellation, published on an occasional basis by committees of the Baltimore Chapter of CSI - www.csibaltimore.org
Friday, February 14, 2014
Wednesday, January 22, 2014
Submittals and The Client
by Ralph Liebing, RA, CSI, CDT
This post was borrowed from Ralph's weekly per-SPEC-tives email column. If you don't get this weekly writing on all things CSI and specifications, contact Ralph. I'm sure he'll be happy to add you to the distribution!
This post was borrowed from Ralph's weekly per-SPEC-tives email column. If you don't get this weekly writing on all things CSI and specifications, contact Ralph. I'm sure he'll be happy to add you to the distribution!
The title seems
to indicate a rather strange and innocuous discussion. How many clients really
care about submittals on their construction projects? Some will be quite
interested; others will take little if any interest.
Many clients
still see the submittal as the verification of what they will receive on their
project—a “checks and balances” ensuring the true value received for dollar
spent. Some see the submittal as the record of what is placed, for future
reference, maintenance and replacement or trouble shooting. This of course,
really is part and parcel of the Operating and Maintenance Manuals required on
most projects.
Well, a big part
of the answer may lie in the adverse impact of submittals when they disrupt the
project schedule, and completion of the project. Yet there are other considerations.
Some people has professed that submittals are useless, needless and obsolete.
Is that true? Or is there a valid and proper place for submittals—properly
requested, produced, processed, and utilized?
There is need to
address several issues with the Owner, so there is full understanding of all
circumstances surrounding submittals;
- Submittals
will be requested ONLY to ensure that the Contractor[s] understand the
requirements of the contract;
- Only a minimum
number of submittals will be required;
- Requests will
only be required for those submittals containing crucial information;
- The Contractor
is responsible for the “means and methods of construction” and is therefore the primary reviewer of
submittals and their compliance with the
contract documents; erroneous, incomplete, and non-compliant submittals are to
be returned to the preparer by the CONTRACTOR [all in accord with AIA A201,
General Conditions of the Construction Contract];
- The Contractor
is to review all submittals, check for errors, and stamp them with an approval
stamp, PRIOR to submitting them to the design professionals [complies with
A201];
- The design
professionals ARE NOT responsible for an extensive review, not for any information other than pointing out
errors-- NOT correcting them [in accord with A201];
- Reviewed
submittals will be returned in a prompt manner;
- Submittals
sent to the design professionals without proper Contractor review and approval,
will be DISCARDED/Returned with no further action [complies with A201];
- Any schedule
disruption[s] attributable to faulty processing of submittals accrue to the
Contractor [NOT the design professionals].
A conversation,
with the client, on this topic is most important--and strongly urged and
advised. It lays the groundwork for the procedures to be followed on the
project that will ensure compliance with the project requirements and will give
the full value of the work to the client. That context and conversation falls
within the purview of the design professionals.
The Contractor
may well have a very different “take” on submittals and the whole of the
process. AIA Document A201, however, makes the submittals program and process
quite clear and directed. It delineates the responsibilities of the various
parties, and denotes a very specific progression of preparation, processing,
review and approval—by several parties and with certain specific guidelines.
It is most
important that the client be aware of these provisions so the work of the
process will not be a surprise or an irritant to the client. Being made fully
aware of the reason for, the background of, and the inner-working of the
process is important, not so much in the minute details, as in the overall
value and correct operation.
The submittals
program is in place for good reason, and is time tested in the results it
produces. Obviously, it is wrong to obviate or ignore this program for any
reason or changed condition in a project. Of course, the client does have the
right to pursue the project as seen fit-- hopefully this determination does not
involve elimination of this clearly directed and helpful process.
Its value
directly contributes not only to project success, but to value given to the
client!
Saturday, November 9, 2013
Building a Highly Collaborative Team, Part 2
by Marvin Kemp, AIA, CSI, CDT
This is Part 2 of a blog about a collaborative team-building event I attended on October 8, 2013. Please read this post for the opening thoughts and action that occurred in the morning on the day of the event. This post will continue with what occurred following lunch.
This is Part 2 of a blog about a collaborative team-building event I attended on October 8, 2013. Please read this post for the opening thoughts and action that occurred in the morning on the day of the event. This post will continue with what occurred following lunch.
The afternoon was spent in both small group
discussions and large group discussion combined with reporting on the small
group work and reaching consensus in the large group discussions. The afternoon
opened with a large group discussion of the desired team working environment.
The CM is hoping to build a true "co-location" environment where CM
staff, design assist contractors and architects and engineers all work together
in the same space. The problem is that the A/E contracts do not envision that
level of effort until construction starts and I do not believe the CM has
configured their co-location space with the infrastructure necessary to make
that level of involvement available and efficient. Providing desks, wifi and
coffee does not equal a successful co-location space. Moreover, contracts must
be in place to ensure all parties understand their involvement, equally assess
and accept risk and professional licensing concerns are eased.
At the collaboration event, we discussed
behaviors that contribute to a healthy and collaborative working environment.
The moderator was careful to call them "behaviors" to keep the
conversation general enough to be useful and to differentiate immediate actions
from long term behaviors. Things like bringing enthusiasm and cheerfulness,
truthfulness, listening, consistency and accountability were discussed. Additionally,
all parties must be respectful of each other but mindful of the delivery method
to avoid honesty that is too brutal and might become hurtful. Team members
should also come to discussions with solutions and not just problems.
The environment all would like to see has
give and take in all situations. The "I win, you lose" type of
attitude is not welcome nor healthy to the team. Members should be assertive
with regards to their thoughts and ideas but not too aggressive. At the end of
the day, the team should have fun and be "jocular not jugular:" all
should watch out for sarcasm.
Confidentiality is also of critical
importance. What is said in the room and among the team must stay in the room
and among the team. That's why I'm being careful in authoring this blog. I want
to describe the discussions, but not call people out or relay their attitudes
or frames of mind. Twice, the moderator went around the room and asked if each
team member, individually, accepted the idea of confidentiality. He waited for
each member to verbally acknowledge their acceptance, similar to the flight
attendant waiting for verbal acknowledgement from someone sitting in the exit
row of a plane. All of these behaviors
were noted on flip charts and then pinned to the wall for all to review during
the rest of the session and beyond.
Similarly, the team discussed behaviors that
indicate regression or the team moving away from collaboration and returning to
how things were in a non-collaborative environment. Team members not making
meetings and missing deadlines indicate the metrics used to measure team
success are trending in the wrong direction. If team members begin to suspend
trust and poorly communicate or begin to point fingers, the team is regressing
in their behaviors. If there is an
absence of fun and if team members avoid one another and frequently pull out
contracts to review their scope, the team may be regressing. Understanding
unhealthy behaviors is just as important as understanding the healthy behaviors
teams should engage in so that all can embrace the healthy and avoid the
unhealthy.
The first small group session was spent
identifying current or anticipated issues the project team is facing or may
face. The moderators split us into groups, making sure the groups were
sufficiently diverse. For example, the first group I was in contained one
engineer, two members of the owner's group, one member of the CM group and two
design assist contractors but from different firms. There were three groups and
three architects in the meeting, so we were split up in all groupings.
As our group discussion began, we tried to
move beyond the usual issues of "budget," "schedule," and
"quality" broad picture statements, although each of those ideas
appeared in the overall discussion of the issues facing our project. We tried
to get more specific to the nature of this project and the culture that has
already begun to take form. Concern was expressed over the protracted funding
schedule from the legislature, concern over the contractual arrangements of the
design assist contractors and coordination of design and construction efforts
by the A/E team, design assist team and CM staff.
Not so shocking, all three teams identified
the same issues. Not shocking because the groups were painstakingly organized
to maximize the interaction among all team members. Each team contained members
of the A/E team, owner's team, CM staff and design assist contractors. Once you
start to think beyond the usual or generic problems that all projects face and
get into the nuts and bolts of the project at hand, I would expect all three
teams to identify similar issues. Sure the wording was slightly different and
they were in slightly different order but they were essentially the same issues.
Once we returned to the large group setting,
each smaller group presented their thoughts and the rest of the team was
allowed to ask questions. As there was
much consensus on the issues, the only questions were clarification of thought
and terminology. The groups presented their thoughts on flip-chart pages that
were pinned to the wall. This made locating commonalities easy: the moderators
used red markers to circle or place asterisks next to common themes on the group
pages.
At this point, the groups were shuffled and
the discussion continued with the idea of prioritizing the top three to five
issues and beginning to think about how to address each of the top three
issues. This session was not as successful as the first for several reasons.
Many of us chose to take a break for rest rooms and phone calls so the sessions
were a bit late starting. Next, the groups were interchanged, so their members
had some ramp up time, same as in the first break out sessions. Lastly, the
prioritization discussions required more discussion than the issue listing so
the session was more about finesse and than brain-dumping, as the first session
had been.
This time, each group had a slightly
different priority listing but three rose to the top. Coordination between A/E
and design assist contractors, the protracted funding schedule and the
contractual arrangements of the design assist contractors were clearly on
everyone's mind. The initial solutions offered were all over the board and not clearly
defined. The questions were more numerous and generally focused on specific
ideas related to proposed solutions.
My group for this second break out included
two senior members of the owner's team, the project executive from the CM, one
design engineer and several members from various design assist contractors.
While the project exec from the CM was vocal, the senior owners were not. I
think they were trying to listen and learn. I bring up the group make up
because of what happened in the third break out session.
The moderator wanted the third session to
feature the same groups as the second session. However, the most senior members
of the architect of record, CM and owners team broke out into a separate
session to discuss a decision making matrix thus leaving my team short three
members. The remaining members split up and joined the other two groups to
discuss real solutions to the top three issues. This proved to be a good start
which left several action items for the owner, CM and A/E. I don't think the
moderators expected concrete decisions to come out of this session as they were
not surprised that we left with action items.
The discussion of the decision making matrix
was interesting on two levels. The matrix was set up with five levels. Many of
the people listed on the matrix were in the room and did not seem to agree with
their slotting in the levels, even though those slots were set by senior
project staff and in some cases, the person’s employer. The Level I slot is for
the most senior, executive level people in each organization. Level II is
reserved for the project manager level people and Level III for one step below
that. The second thing that made this discussion interesting is, to my way of
thinking and considering my project and team knowledge, Levels IV and V have no
decision making ability: they are too far down the chain and quite frankly, not
given the authority by their respective firms. This is evidenced by the owner
and CM groups leaving these levels blank in their columns. Only the A/E team
firms and design assist contractors had names in these slots.
I’m not sure what will become of this
decision making matrix. It was stated that all decisions should be made at
Level II and Level III, but the culture has already been set that this will not
occur. The folks listed in Level I are too powerful and too entrenched in the process.
The culture has already been set that these folks are the ultimate decision
makers and they frequently insert themselves into decisions that could be made
at a lower level. I am a strong believer in the power of project or corporate
culture. Once a cultural moray, whether positive or negative, has been set on a
project, it is incredibly difficult to break it. An example is meeting culture:
if the meetings are allowed to start late, few will arrive on time as they know
the meeting will not start on time.
The session came to a close with a discussion
of next steps. The dominate view of partnering sessions in the introductions of
the morning was that the “one and done” events do not work. Either immediately
or over time, the participants return to their unhealthy behaviors. All team
members need to be reminded of the importance of team work and collaboration.
It was agreed that for follow up meetings, monthly was too often and quarterly
might be too infrequent. It was decided that the team will reconvene every two
months across the next six months, which are critical months in the overall
project schedule. After the first six months, the meetings will be held
quarterly. The follow-up meetings will be shorter: probably three to four hours
initially and then maybe only two hours as time goes on.
I took a couple of things away from this day.
At some point, someone from the contracting team asked about integrating
additional team members into the collaborative environment. This session
included all key members of the A/E team, owner’s team and CM team but only
four of the trade contractors who will actually be contracted to build the
building. What happens when the masons and other skin contractors as well as
the interior fit-out and finish contractors join the team? That was the parting
shot of the whole event that was left unanswered. Some noted, and I agree with
this, that the behavior model we created starts at top of each firm and filters
down through all team members. If the leaders can maintain the collaborative
spirit, the rest of the team will fall in line.
The quote of the day came from the PM for the
architect of record. He said, “this is a large, complex project. You either run
away from it or you run to it. Today, we all agreed to run to it.” I hope that
is the case. Only time will tell.
Wednesday, October 23, 2013
Building a Highly Collaborative Team, Part 1
By Marvin Kemp, AIA, CSI, CDT
On Tuesday, October 8, 2013, I spent all day
in a partnering or team building event for a large biomedical research project
I'm involved in. I wrote a few
quick paragraphs before the event started bemoaning the possibility of
wasting a day in "touchy-feely" type discussions with equally
uncomfortable construction professionals. As the event wore on, I was
pleasantly surprised by the quality of the program and the caliber of the
moderators. For those who follow me on Twitter (@BaltoCSI), you've seen many
tweets lately related to ideas that came out of this session and there are more
to come. However, I felt that I should expand beyond 140 characters and give a
more comprehensive description of the event and my thoughts on it. I wrote the
whole post at once, but will split it into two parts as it became quite
lengthy!
Construction projects of any size are not
easy. That is part of what appeals to me about my profession and our industry. I
focus primarily on projects at institutions of higher education and research or
teaching laboratories, at that. At any given time during the design phases on
projects I’m involved in, there may be six or more architects, 12 or more
engineers and other consultants and as many as 20 or more owners personnel
involved in the project. Once under construction, the project team can balloon
to 10 members of the contractor’s team, 50 or more workers on site and untold
numbers of people involved in the raw material extraction, product manufacture
and distribution of materials and equipment to the site. With all of those
people, each with a small part and each with their own agenda, the complexity
of even the smallest project can be enormous.
The particular project I'm currently involved
in is a 400,000 GSF, $218M behemoth. The A/E team features three different architecture
firms plus a laboratory design firm, five primary engineering firms and six
more specialty consulting firms with close to 50 design professionals engaged
in the design and production of contract documents. Our internal team
coordination meetings routinely feature 15 or more people in the room and
another six to eight on conference call. Right now, at design development, the
drawing set is four volumes of over 200 drawing sheets each and two volumes of
specifications at about 500 pages each. My firm is the associate architect,
working closely with the architect of record and the rest of the team. I am our
firm's project manager and assistant PM for the whole team.
The owner has retained the services of a
construction management firm to perform both pre-construction and construction
management services, including managing a design-assist process. For those
unfamiliar with that delivery method, the CM has contracted with
sub-contractors to assist in the design of the concrete structure, glazing and
metal panel systems and HVAC, plumbing and electrical systems. This is a new
process for me and my firm as well as for the owner, which is a long time
client of our firm. Please follow this blog as there will be more postings
related to that effort coming in the next few months. In the early stages of
the design-assist effort, I’m finding it to be a fascinating process, but one
where mistakes have already been made.
I'm going to try to keep the names of the
owner, A/E and contracting firms and individuals inside those firms confidential.
Their names are not germane to the discussion and provide unnecessary
information. I have not asked permission to use anyone’s name and we agreed to
confidentiality during the collaboration meeting, so I must respect that. With
that said, I'm sure anyone who follows design and construction in my area or
knows me personally will no doubt be able to figure out who some of these
players are, but my purpose is to relay my experiences and thoughts, not point
out the mistakes of others.
It took over a month to organize this
collaboration event. Given there were about 30 people invited from a dozen
different organizations, finding a suitable date was difficult. The owner and
CM finally agreed to hold it on a Tuesday and cancel the regularly scheduled
design meetings that would have normally occurred on that day. The owner has
given the CM shell space in a building near the construction site for staff
office space, so that was the venue for the event.
The moderators of the event were from the
home office of the construction manager. This CM is a large, nationally known
firm which is headquartered in a major midwest city. These two people
apparently run similar collaboration sessions for this CM all across the
country. They were incredibly friendly, highly organized and seemed comfortable
working with such a large and diverse group of professionals. They were also
incredibly focused on the project, the collective team and our needs. They were
not trying to make their firm look good but were incredibly focused on making
the team better. That was an important thing to happen: adults, especially
seasoned construction professionals can see phony a mile off!
The invited parties included several tiers
from the ownership team: an Assistant VP, several directors and the owner's
project manager and assistant project manager. In attendance from the A/E team
was the architect of record's PM and project architect, myself and the
principal's in charge for the structural engineer and HVAC, electrical and
plumbing engineers. The CM was represented by their project executive, PM and
assistant PM. There were also the four design assist contractors, each bringing
project executives and one or two other people. On the day of the event, there
were 26 people in the meeting plus the two moderators. It was a large group,
all from diverse backgrounds and all bringing something different to the table.
I have to question some from the ownership
group. The event was scheduled for 9:00A to 4:30P. At the beginning, the lead
moderator asked if there were time constraints for anyone in attendance. Due to
scheduling conflicts and miscommunication, there was a telecomm and audio-video
design meeting in the afternoon. The architect of record’s PM and I had
discussed who should attend and ultimately decided this event was too
important, so he sent a junior project architect to that meeting. The owner's
AVP said he had a conference call at 3:00P but would return for the conclusion
of the session. The architect of record’s PM asked to be excused at 4:00P to
beat the traffic back to the District of Columbia where his office is located.
The moderator said he would work with that. Two people from the owner's team
remained silent at this point but left after just one hour of the event. Two
others from the owner's team arrived late but did stay for the duration of the
event.
In his opening remarks, the owner’s AVP
discussed how important he feels this type of event is but was unable to garner
the same focus from some on his team. To be fair, many of us have had negative
experiences with these types of events which may cause some to be less than
interested in attending them. However, the other 22 participants were able to
give their attention for a full day, so I believe the entire ownership team
should have been able to do so as well. The two individuals who left after one
hour were directly involved in one of the issues the group identified and
discussed later on in the session.
The printed agenda was somewhat difficult to
understand, hence my trepidation before the event started. However, the agenda proved to be very simple.
We introduced ourselves and discussed our experiences with partnering sessions.
We then discussed personality or communication styles and took a quiz to help
determine our own communication styles. We discussed definitions of each of the
four styles and how best to communicate with persons of that style. After
lunch, we left the generalities and philosophies behind and focused firmly on
our project. I think that was the critical move that made a huge impact on the
team and the success of the event.
I have mixed experience with partnering type
events. The ones I have attended in the past were not terribly successful. They
seem to always start with participants sitting around tables filled with
Matchbox Car construction toys: bulldozers, dump trucks, road graders and the
like. They seem to focus on heady philosophy or touchy-feely discussions that
make professionals uncomfortable. As we began our session, I did not see any
construction toys around and we were sitting in a circle so already the mood seemed
different. When it came my turn to describe my partnering experiences, I said
that I find it insulting to put construction toys in front of construction
professionals. That elicited laughs from all and quick agreement from the
moderators.
I think I'll save the conversation of the
personality styles for a blog by itself, but essentially, this particular
personality style indicator focuses on four styles: Producer, Planner,
Promoter, Peacekeeper. In our room of 26, there was one Promoter (one of the
moderators), one Peacekeeper (HVAC engineer) and the rest of us split between
Planner and Producer. One of the characteristics of Planners and Producers is
that they sometimes have difficulty communicating with each other as the
Planners like to have all information required, in a high level of detail and
the Producers want to act quickly, based on just the most important facts. That
information by itself probably justified most of the day's expenditure!
As
we broke for lunch at this point, I think I’ll break the blog here. Please
return in a week or so to learn about the rest of the event. I found it highly
successful and I hope the benefits continue to be reaped as the project moves
forward.
Tuesday, October 8, 2013
Can a Day Long, Formal Meeting Foster Better Collaboration?
By Marvin Kemp, AIA, CSI, CDT
In about one hour, I'll enter a day long meeting entitled "Building a Highly Collaborative Team." This meeting has been organized by the construction manager for a large biomedical research building that I am involved in. The meeting will be attended by members of the design team, ownership team, construction management team and design-assist contractors. It will feature a moderator who I'm told is a psychologist. In one day, can this group of individuals build a "highly collaborative team" as the meeting title suggests?
I've attended similar "partnering" sessions before and in one word to answer my own question, no. Typically, these moderators come in with high energy and put construction toys on the tables, play ice breaker games and generally make highly skilled professionals feel childish and like they have wasted an entire day. I hope this one is different, but I'm not sure. The CM's project manager asked my advice and I warned him I against the usual moderator, toys and ice breakers. I think he heard me, but he has to answer to bosses just like I do, so we'll see.
In September of 2011, I posted an article on this blog entitled "A Decent Meal" where I described an end of project luncheon that might should have occurred at the beginning of the project. I suggested to the CM that maybe a long luncheon or barbecue type event might be a better way to foster collaboration. In my view, collaboration starts with familiarity and understanding. There is no better way to get to know people than to share a meal and each other's company. Talking about sports, children or other interests is great way to get to know people and better understand who they are and what they bring to the project team. When we better understand each other, our strengths and weaknesses, we can work better together.
Spending a day in a conference room, feeling like you should be somewhere else might foster resentment and force some to put up their defenses. Important things might be said that aren't heard because of a lack of attention being paid to the meeting. Childish, ice breaker type games are rarely taken seriously by professionals and provide little if any true understanding of anyone or anything. In construction, we need to understand each other, understand where each of us is coming from, what our motivations are, and work together to reach a common goal.
I'll report back after the meeting with how it went, what we did and other thoughts on building collaboration. Wish me luck and follow me on Twitter @BaltoCSI.
In about one hour, I'll enter a day long meeting entitled "Building a Highly Collaborative Team." This meeting has been organized by the construction manager for a large biomedical research building that I am involved in. The meeting will be attended by members of the design team, ownership team, construction management team and design-assist contractors. It will feature a moderator who I'm told is a psychologist. In one day, can this group of individuals build a "highly collaborative team" as the meeting title suggests?
I've attended similar "partnering" sessions before and in one word to answer my own question, no. Typically, these moderators come in with high energy and put construction toys on the tables, play ice breaker games and generally make highly skilled professionals feel childish and like they have wasted an entire day. I hope this one is different, but I'm not sure. The CM's project manager asked my advice and I warned him I against the usual moderator, toys and ice breakers. I think he heard me, but he has to answer to bosses just like I do, so we'll see.
In September of 2011, I posted an article on this blog entitled "A Decent Meal" where I described an end of project luncheon that might should have occurred at the beginning of the project. I suggested to the CM that maybe a long luncheon or barbecue type event might be a better way to foster collaboration. In my view, collaboration starts with familiarity and understanding. There is no better way to get to know people than to share a meal and each other's company. Talking about sports, children or other interests is great way to get to know people and better understand who they are and what they bring to the project team. When we better understand each other, our strengths and weaknesses, we can work better together.
Spending a day in a conference room, feeling like you should be somewhere else might foster resentment and force some to put up their defenses. Important things might be said that aren't heard because of a lack of attention being paid to the meeting. Childish, ice breaker type games are rarely taken seriously by professionals and provide little if any true understanding of anyone or anything. In construction, we need to understand each other, understand where each of us is coming from, what our motivations are, and work together to reach a common goal.
I'll report back after the meeting with how it went, what we did and other thoughts on building collaboration. Wish me luck and follow me on Twitter @BaltoCSI.
Thursday, August 22, 2013
The Angst with Codes and Documents
I know that I promised you the final post in the 3 part series on "The Golden Rule" but Ralph Liebing's weekly "PER-SPEC-TIVES" article spoke to me this week and I wanted to share it with you all. If you don't follow Ralph's work, you should! Feel free to email webmaster@csibaltimore.org and I'll put you in touch with Ralph.
THE ANGST WITH CODES AND DOCUMENTS
By Ralph Liebing, RA, CSI, CDT, CPCA, CBO [former]
In the face of what appears to be a growing expansion and to some an intrusion, of code officials into the process of documenting projects, there is need for open, free and collaborative discussion. Both sides must understand the other-- fully-- and be ready to discuss, accommodate, compromise and resolve the entire issue, with mutual respect and conclusive results.
Two primary issues have impacted the code situation. First, cuts in agency personnel have caused offices to require "easily reviewed" documents-- i.e., documents where the information is obvious, "pops out at you", and is complete in one place. Two electronic documents and code applications and forms often are not easy fits. Word processing is most common, but code personnel do not "wish" or have time to search for pertinent information in specifications—the very place where a trove of information is easily placed. These factors, [and perhaps the wide differences—many appearing as unreasonable or unnecessary-- in local code regulations and review procedures] serve to confound quick and accurate plan reviews and prompt permit issuance, and create unfortunate raw nerves between design and code personnel.
The adoption of the International Family of Code has given a tremendous boost to codes, relieved much of the parochial codes and provided a more dynamic code change process. Overall this status change has also empowered code agencies to increase their impact technically and has caused most to change administrative processes, requirements and fees. To alleviate economic troubles in local governments, fees have also risen while demands of "more" information, and easier access to information have taken quite a turn. Here angst and "raw nerves" have become more prevalent and problematic to both sides—the code side and the design side. The resulting angst, unwavering absolutes and "unilateral "demands cannot stand in a rapidly moving construction world.
Building codes and other regulations need to be turned into "positive" elements of practice, and reduced to a functionally minimal process; i.e., the importance and need for regulation is valid, but researching and resolving the issues within a project should be reduced to a minimum time frame. There may be too much time spent either avoiding the regulations entirely, or in efforts to circumvent, or obviate them.
Design professionals cannot directly control the code agencies and personnel, but they can make comment and influence the political entities that enact the codes, etc. Here is where we need to get over the threat of retribution and work in concert for the common goal of safe construction. To make the code and permit process a confounding, and needlessly convolute, messy and elongated process is no advantage to any of the parties.
Perhaps a proposal, or a solution, is to start at the highest levels and begin to engage the processes of documenting and code compliance as they "should" interface. Might look good for progress there, but the final arrangement may well still lie in overcoming local and personal attitudes, expertise and summary judgments
We need meaningful discussion and facts-- we don’t need venom, nastiness, knee-jerk solutions and flat out anger. We do need incisive notes, situation citations, examples, and other forms of questionable requests. Of course, universal adherence to the results is necessary to eliminate the localized differences and demands for added documents goes without saying.
Interested in talking and truly discussing?
Monday, August 5, 2013
Construction Contract Administration Via Email: The Recipe for Confusion
By Marvin Kemp, AIA, CSI, CDT
This is the second of several postings
to The Felt Tips blog that deal with the umbrella topic of The Golden Rule: Do
Unto Others As You Would Have Them Do Unto You. This post deals with the problems
associated with conducting construction contract administration via email in
the age of smart phones and other hand held digital emailing devices. The last
post titled “The Message You’re Sending” dealt with the messages that you send
in how you handle your business and more importantly the messages sent to
employees of companies. In a couple of weeks, I'll present some thoughts on how
attention to detail, or lack thereof, can affect your business dealings and the
folks you hope to do business with.
Most of us involved in the
construction industry have at some point received an email with the subject
line “FW: (insert vague subject here)” and then the body of the email says “See
below” with the sender’s signature line, probably followed by either “Sent from
my iPhone,” “Sent from my Verizon Wireless 4G LTE Smartphone” or some similar
signature. I seem to receive several of these a week if not several a day. I
usually look at who the email was sent to in the “To:” line and am dismayed to
see that it’s me, the engineers on our team, the client and several levels of
the contracting team. Which one of us is to respond?
That’s always the $6M question: when
12 people are in the “To:” line, who is responsible for the eventual answer? If
the question comes from the field, the superintendent or some other member of
the contracting team, I usually assume that a member of the A/E team should
provide the appropriate response. As I am the architect who usually holds the
contract with the owner, at the onset of construction I always let the
consulting engineers on the team know that I am to review any response prior to
it going back to the contractor. This isn’t a control issue but a way for me to
ensure that all issues are resolved and coordinated with other members of the
A/E team. For example, a suggestion from the field to suspend the electrical
transformer on Unistrut by drilling through the flanges of structural steel
beams is easy for the electrical engineer to agree to, but I need to make sure
the structural engineer accepts this damage to steel that he designed and
specified.
The situation gets more complicated
when one of three things happens. The first being the contractor forwards an
email from the sub-contractor without fully reading or fully grasping the
situation. I call this type of contractor either a “buck-passer” or a
“paper-pusher.” That’s probably an unfair characterization because all general contractors
are simply trying to finish their contracted work in the best and most
judicious manner, but part of their duty to the owner is to fully understand
all the issues circulating through the construction site and fully coordinate
the work of all of their subcontractors. The example above with the electrical
transformer and Unistrut actually happened to me recently. Unfortunately, this
project was a tenant fit-out of an existing building and we do not have the
services of a structural engineer on our team. If the contractor had taken a
moment to look at the cover sheet of the drawings and see there is no
structural engineer on our team or better yet call me, his response to the
electrician might have been to consider a different attachment method. Instead,
we had some back and forth through email and then finally we reached resolution
only after I phoned the site superintendent to fully understand the
electrician’s intentions.
The second complicating factor is when
the body of the email below the “see below” comment is unclear. I recently became
involved in a complicated issue surrounding a smoke damper. To be fair, I
didn’t get involved early enough, choosing to let my engineer handle it, but
all the team got from him was more questions. It was only when the owner phoned
me to ask a very specific question about the building code and corridor walls,
was I able to get to the bottom of the situation and answer the question for both
the engineer and contractor.
Shame on me for not acting earlier,
but I tend to be a creature of culture. This particular owner has severely
limited our CA scope. They are seasoned professionals who choose to handle most
issues in the field themselves. We are only contracted to review submittals,
address RFI’s and perform a punch list at the end of the project. That has set
the culture that at some point, the owner steps into the email fray and says,
“this is what needs to happen” and the issue is resolved. I’m sure several
nationally known bloggers are alternately cringing and spewing coffee over
their screens as they read this. I do not like these sorts of contractual
arrangements, but certain business decisions are made from time to time that I
have to live with. I don’t like having our fee reduced or our influence during
construction diminished, but it’s not always my call.
That is the third complicating factor:
owner influence or obfuscation. Most of the work I do is for institutions of
higher learning. Nearly all of them have architects, engineers and other
construction professionals on their staffs which handle a wide range of issues
and have opinions just as strong as mine in how the projects should progress
and how situations should be resolved. The complication comes in when either
standard AIA contracts or a reasonable facsimile of the same are used. The standard
AIA contract assumes an unsophisticated owner who requires the advice and
services of an architect to help negotiate the murky waters of design and
construction. When an owner who is more sophisticated breaches their duties as
prescribed in the AIA contract, a culture may be set that allows the contractor
can circumvent the architect to suit his own needs.
That has happened to me on a recent
renovation project. I received a change notification for an exorbitant amount
of money to move sprinkler heads. As I eschewed email and spoke directly with
the contractor I learned that as the ceiling grid was going in, the owner’s representative
visited the site and directed the ceiling grid installation to move forward and
the sprinkler heads would be moved later. This owner’s rep is very young and
did not realize the ramifications of selecting the most expensive course of
action. In most cases, shifting the grid less than 6” would have eliminated the
conflicts. As I spoke with the contractor and portrayed my displeasure with
being eliminated from the discussions, he realized an alternative solution. A
minor change from 2’ by 2’ ceiling to 2’ by 4’ ceiling tile in certain
locations would alleviate relocation of all but one or two heads.
Unfortunately, it took an irate architect holding a “Come to Jesus” phone call
with the contractor for the right decision to be made.
A worse situation is when the
architect is excluded on purpose by a sub-contractor who has a prior relationship
with an owner. On a different project but with the same owner and same young owner’s
rep described above, I was pulled into a dispute between the general contractor
and a sub-contractor who knew which buttons to push with the owner. The
sub-contractor had exclusions in his bid that the general contractor did not
catch on bid day. Rather than working it out one-on-one, contractor to
sub-contractor, they both dug in their heels and the sub-contractor ordered a
meeting on-site with the owner, the maintenance shop and the general
contractor. The architect was excluded from this meeting and summarily blamed
for the problem. The documents were clear but the inexperienced owner’s rep did
not know this and the general contractor chose to avoid conflict and blame the
person who was not in attendance. It took me several phone calls with the
owner’s rep and the general contractor to solve the problem by pointing out the
correctness of the documents.
These are a few examples that I’ve
encountered recently. There are many, many others. Many of these problems can
be avoided with a few simple ideas:
1.
Use
the telephone whenever possible. Email and an RFI attachment can always be used
to finalize the answer to all parties.
2.
Use
email only for clear and concise communication.
3.
When
email is used, make sure you completely read the entire message and understand
the question before responding.
4.
When
forwarding an email, make sure you have completely read the entire message for
acceptability for all parties to read. It will save you or other team members
embarrassment later.
5.
When
email is the best solution, only include those who need to be party to the
question and answer. The email blast and “reply all” is the scourge of humanity
and tends to only create more confusion.
6.
When
the architect and engineer are on-site, review every possible condition and
question the contracting team has at the time. Make sure when you leave the
site, you completely understand all conditions that affect the question and
ultimately the answer.
7.
When
a contractor knows the architect or engineer will be on-site, be judicious with
their time. Make sure all sub-contractors are available to ask their questions
or make sure you understand them well enough to discuss them with the architect
or engineer.
Construction is confusing enough
without adding to it via email. Design intent, incomplete documents, inaccurate
bids and other items all add to that confusion. By adhering to these
suggestions, many of the problems created by email can be avoided and the work
allowed to move forward to everyone’s satisfaction.
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