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Successful Project Delivery, Project Management,
and Contracting
Now Available
In-House

  • Real-world strategies in controlling the job and resolving jobsite issues
  • Lifelong lessons in the smart management of a construction project
  • Management techniques and challenges in the new design-build environment
  • Control and ultimate risk issues in project delivery
  • Proven strategies and techniques in construction project management

This is a practical, participative workshop on how to manage and resolve jobsite and contract issues through sound management and contracting strategies and techniques. It is based on the premise that smart management of a construction project will avoid and resolve issues on the ground before they become intractable problems. The workshop resulted from the concern of owners over new relationships with contractors, A/E's, and CMs in the Design-Build process. It was further developed to include successful management techniques through all forms of project delivery. It will be beneficial to program and project managers, owner, contractors, architect/engineers, CMs, attorneys specialists and generalists.

The workshop is based on the lessons learned by construction professionals on strategies and techniques that work. Learning by trial and error simply takes too long and is too costly in the high stakes construction field. In the rush to Design-Build construction, for example, the touted benefits of risk-shifting may backfire if management benchmarks are not in place. Owners, Contractors, Architects, and Construction Managers must learn new roles, rights, responsibilities, and management techniques that will ensure successful project delivery regardless of the delivery method.

The workshop covers the full range of contract and performance issues from start to finish. It synthesizes lessons and principles learned over time. Knowing how each and every aspect of the project fits together, knowing each side's rights and options, the rules and the standards, can spell the difference between success and failure in project delivery.

These insights were developed by an exceptional faculty of experienced practitioners whose credentials appear elsewhere in this brochure. Please consider them as resources, and sources of information for questions and issue discussion. The workshop is designed to be interactive and your participation is encouraged.

And, although we do not presume to have all of the answers, we do intend to provide you with insight, guidance, and the resources to assist you in your project delivery efforts.

We invite your participation.

COURSE CURRICULUM

CONTROLLING THE PROJECT AT GROUND ZERO

  1. PROJECT MANAGEMENT PERSONNEL
    1. Owner's Manager
      1. In-house manager
      2. Contracted manager
    2. Architect's Construction Services Manager
      1. Familiar with design
      2. Experienced in construction
      3. Coordination with other design professionals
    3. Contractor's Management Team
      1. Project Executive
      2. Project Manager
      3. Superintendent(s)
      4. Project Engineer
      5. Safety Officer
      6. Project Assistants
    4. Testing Agencies
    5. Lender's Inspector
      1. Power/Authority
      2. Control
    6. Governmental personnel
      1. Plan Reviewers
      2. Inspectors
      3. Fire Marshal
    7. Culture and Personalities; Interaction
    8. Goals and Objectives; Dualistic or Dichotomous?
    9. Risk Management
      1. Beware the gladhander/yes-person
      2. Assume only risks you can control; understand where risks reside/belong
  2. USING THE DOCUMENTATION
    1. Read the Documents
      1. Understand which documents are project documents - and which are not
        1. Contract
        2. Proposal
        3. Plans and specifications
        4. Correspondence
    2. Distribute Documents to the Entire Team
    3. Using the Documents
      1. Strict adherence
      2. File and hope for the best
      3. Reasonableness
    4. Schedules (Schedules, Schedules)
      1. Principal types
        1. Bar
        2. Network
      2. Use
        1. Importance and understanding
        2. Dangers
        3. Schedule versus quality
        4. Schedule versus cost
  3. MEETINGS
    1. Pre-Design
    2. Pre-Bid
    3. Pre-Construction
    4. Jobsite Meetings
      1. General progress meetings
      2. Subcontractors' meetings
      3. Lender inspections
      4. Punchlist
      5. Project closeout
    5. Note Attendees and Absentees
  4. MONITORING PROGRESS
    1. Know the Scope
      1. What is a legitimate addition/change?
      2. What is outside the reasonable scope?
    2. Submittals
      1. What's required?
      2. Who has responsibility?
    3. Schedule Updates
      1. Regular updates
      2. Updates related to major events
        1. Scope changes
        2. Material problems
        3. Labor problems
        4. Weather delays
    4. Job Documentation
      1. Daily Reports
      2. Correspondence
      3. Change media
        1. Clarifications
        2. Construction change directives
        3. Change orders
  5. WHEN ISSUES ARISE
    1. Provide Required Notices
      1. Protect rights by providing notices
      2. Collect all facts before taking action (or deciding on inaction)
    2. Leave Ego at the Door
      1. Personalities interfere, but project matters
      2. Make a call before going to writing
    3. Negotiation
      1. Keep project objectives in mind
      2. Fight for what matters; don't fight what doesn't
      3. Civility counts - and so does the bottom line
  6. PROJECT CLOSEOUT
    1. Enforce Party Responsibilities
      1. Punchlists
      2. Deliverables
        1. As-built drawings
        2. Warranties and guaranties
        3. Operation manuals
        4. Other deliverables
    2. Obligations
      1. Operational instructions
      2. Follow-up requirements
    3. Lingering Change Orders
    4. Post Mortem
CONTROLLING THE PROJECT THROUGH CONTRACT TERMS AND CONDITIONS
  1. GENERAL OBJECTIVE
    1. Completion of a Quality Facility On-Time and On Budget
  2. THE RFP PROCESS
    1. Maximizing Leverage - Timing and Advanced Preparation are Critical
    2. Take Control with Your RFP
      1. Maintain Broad Discretion
        1. Prequalification
        2. The right to reject bidders
        3. Deny protest rights
        4. Best value selection criteria
    3. Issue a Complete RFP
      1. The RFP
      2. The contract
      3. Adopt living standard form
    4. Other Methods to Maintain Control
      1. Best and final offer approach
      2. Discussion/negotiation process
      3. Lump sum pricing
      4. Competition on the basis of fee percentage and not to exceed general conditions
      5. Require fully competitive process in subtrade selection
      6. Contract is terminable until GMP negotiated - or longer
      7. Know you market for fees, general conditions, and pricing
  3. CONSTRUCTION DELIVERY METHODS
    1. Design Bid Build
    2. Design-Build
  4. CONSTRUCTION PRICING METHODOLOGIES/ISSUES
    1. Construction
      1. Fixed price, lump sum, stipulated sum
      2. Cost plus fixed fee with GMP
      3. Cost plus fixed fee
      4. Cost plus fee as a percentage of cost with GMP
      5. Cost plus fee as a percentage of cost without GMP
      6. Time and materials
      7. Unit pricing
    2. Contractor Fee and Cost of Work Provisions
      1. Fee - includes profit and home office overhead
      2. Cost of the work
      3. Exclusions from cost of the work
      4. Compensation for defective work or defaulting sub
    3. Other Pricing Issues
      1. Pricing of change orders
      2. Contingency
      3. Savings
  5. CONSTRUCTION CONTRACT PROVISIONS FOR CONTROLLING THE BOTTOM LINE AND FINISHING ON TIME
    1. Provisions to Keep the Project Moving
      1. Acceleration provisions
      2. Requirement to proceed despite disagreement
    2. Provisions for Maintaining Control Over the Project
      1. Key personnel
      2. Subcontractor selection and rejection
      3. Authority/communications
      4. Owner's review doesn't relieve contractor of its contract obligations
      5. Performance based specs: Contractor to provide what is reasonably inferable from plans and specs
      6. Milestones
      7. Owner determines substantial completion: Definition and owner determination
      8. Owner determines final completion
      9. Contractor provides performance schedule
      10. Require broad compliance with laws
      11. Owner determines percentage of completion and amount of payment due (ties to % complete)
      12. Withholding payment
      13. Differing site conditions
      14. No pay or lost profits for uncompleted work
      15. Warranty rights, quality control and manufacturers' warranties
      16. Retainage
      17. Uncovering and correcting work
      18. Liens and lien indemnification
      19. Insurance bonds
      20. Mandatory mediation - arbitration or litigation?
  6. CONTROVERSIAL CONSTRUCTION CONTRACT PROVISIONS AND ISSUES
    1. No damage for Delay
    2. Liquidated Damages
    3. Damage Caps
    4. Waivers of Consequential Damages and Lost Profits
    5. Material Breach/Substantial Performance - Time of the Essence, Payment and other Clauses
    6. Termination for Convenience and Cause (The Importance of Milestones)
    7. Indemnification
  7. DESIGN CONTRACTS
    1. RFP Process (See Section II Above)
    2. Pricing Methodologies
      1. Fixed price, lump sum
      2. Hourly rate with not to exceed price
      3. Hourly rate
      4. Percentage of construction cost
      5. Per square foot pricing
      6. Factor or multiple of direct personnel expense
    3. Key Contract Provisions and Issues
      1. Professional responsibility
      2. Designing to construction cost
      3. Changes, claims and disputes - general
      4. Design ownership
      5. Subcontracting
        1. Engineers, consultants and other subcontractors
      6. Insurance (professional liability)
  8. OWNERS REPRESENTATION
    1. Program Management
    2. Construction Management
    3. Development Management
MANAGING INFRASTRUCTURE COLLECTIONS
  1. FINANCING AND CONTRACTING
    1. The Project Delivery and Project Finance Contract Options
      1. Design-bid-build (and variants like CM, Fast Track)
      2. Design-build
      3. Design-build-operate
      4. Design-build-finance-operate
      5. Operation and maintenance contracts
    2. Schedule and cash Flow Differences Among the Options
    3. Packaging Opportunities
    4. New Capital Programming Approaches
    5. Implementing the Capital Program
      1. Accounting Systems
      2. GASB 34 - The modified approach
      3. Client defined scope
      4. Procurement systems
      5. Standard solicitation and bidding documents
      6. Contracting systems
THE COURSE FACULTY

Robert S. Brams Partner, Patton Boggs LLP, Washington, D.C. where he focuses his practice in the areas of real estate, project development, construction law and public contracting. He regularly assists owners including various major telecommunications and internet companies, developers, architects, engineers, and contractors on a broad range of matters including real estate development, project delivery, procurement, project management, and contract preparation and negotiation issues. A significant part of Mr. Brams' practice involves pre and post-award bid protest; claims preparation and mediation, arbitration and litigation of construction and real estate contract performance disputes on federal, state and private projects. He also counsels clients on procurement fraud, compliance, defective pricing, debarment, and suspension issues under public contracts as well as matters pertaining to multiple award schedule, task order, and delivery order contracts. His clients include some of the largest construction and engineering firms in the country, banks, insurers/sureties, and other leading defense and civilian companies involved in facility and data center development, the manufacturing of data processing equipment, software development, and in providing information technology services.

James Schoolfield Project Consultant, Precision Development Inc., and Cushman & Wakefield, Raleigh, north Carolina, where as a general contractor and consultant, he focuses on the effective management of commercial construction projects through utilizing value engineering and efficient administration techniques. Presents clients with logical solutions to complex problems while still maintaining the project's initial objective. Formerly President of Schoolfield Construction Inc. where he manages the construction of numerous projects, negotiated contracts for public and private projects from start to finish, and negotiated all subcontracts.

Cynthia Johnson, AIA Principal, The Smith Group Architects, Washington, D.C. Professional experience includes the design, production, client and construction management for a variety of commercial office, housing, institutional, and mixed-use projects. Special expertise in the field of large-scale historic renovation and with projects requiring special government or community review processes. Experience and responsibility for various aspects of the following projects: world headquarters for a major corporation; renovation and restoration of a historic landmark; operations center for a major insurance company; foreign embassy residence and chancery; schematic design for a detention facility; renovation and addition for a railway building. Bachelor of Architecture, with University Honors, Carnegie-Mellon University; Registered Architect, District of Columbia.

Dr. John B. Miller Principal, Ibbs and Miller Consulting Group LLC, Cambridge, Massachusetts; Professor in Construction Management Group, Department of Civil and Environmental Engineering, MIT. Extensive lead experience in construction contract drafting, litigation, architect/engineer liability, public construction at state, local, and federal levels. Private practice experience and former Chair, ABA Section of Public Contract Law. Author of numerous publications including articles and text materials offering a practical understanding of the key public and business issues facing public officials and private firm strategists in infrastructure delivery. Undergraduate degree in Civil Engineering from MIT; law degree from Boston University School of law; LLM degree from Boston University; PhD in Infrastructure Development from MIT.

J. Yost Conner, Jr. Attorney with Patton Boggs LLP in Washington, D.C. where he concentrates his practice in commercial and retail real estate transactions, including: development, leases, sales, financing, and design and construction contracts, representing local and national developers, owners, tenants, and lenders. Prior to joining Patton Boggs, Mr. Conner was a construction manager for a major regional real estate services company and Vice President of Construction for a large local developer, where he was responsible for the design and construction of office buildings, hotels, industrial projects, retail centers, and apartments in the mid-Atlantic region. Mr. Conner was a Dillard Fellow at the University of Virginia School of Law and the Editor in Chief of the Virginia Environmental Law Journal. He is a member of the District of Columbia and Virginia state Bars and is admitted to the United States Court of Appeals for the Fourth Circuit.