Participants in the Design and Construction Process

• Author: Carol J. Patterson - Ross J. Altman - Stephen A. Hess - Allen Overcash
• Pages: 17-34

CHAPTER

17

2

Participants in the Design

and Construction Process

ROSS J. ALTMAN

2.01 overvIew

The design and construction of a building or other structure is an elaborate

process, requiring the talent, execution, and coordination of many different

people and organizations. As the size, cost, complexity, or unusual features of

a project increase, the number of participants needed to design and construct

that project likely increases as well. The nancial, technical, business, and

regulatory challenges involved in a project, even one of modest size, demand

the skill and expertise of a wide range of project participants. Each participant

makes a separate contribution to the project. Nonetheless, the activities of one

inextricably bear upon the performance of the others.

Like any complex process, ample opportunity exists for difculty along the

way. The reliance of each participant in the design and construction process

on the performance of the other participants creates challenges to successful

completion. Many participants will not have worked together previously, and

each participant may have different policies and methods through which it

conducts its operations. International projects may involve language barriers,

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CONSTruCTiON LAW

18

multiple cultures, and the practical obstacles created by long distances and

different time zones. Moreover, every project is tantamount to a custom-made

item, presenting its own unique set of problems for the project team to solve.

In order to overcome such challenges, those involved in the production

of a project must be well organized and coordinated. This book explores the

multitude of legal issues that arise out of a process that has collaboration as

its goal but that often fosters disputes and controversy. To consider such legal

issues, however, it is rst necessary to understand the roles and objectives of

each of the typical participants in the design and construction process.

.02 the owner

The owner furnishes the project site, is responsible for satisfaction of certain

regulatory requirements necessary to develop and use the project site, and

pays for the development of the project. As the participant that initiates the

project, the owner essentially bears responsibility for ensuring that all activ-

ities involved in the delivery of the project are performed. Some owners pos-

sess skill and prior experience with the design and construction process; those

owners, therefore, may assume an active role in the delivery of a project. Other

owners may undertake a project only once, and, consequently, participate less

directly in project delivery. Regardless, an owner usually delegates various

activities to third parties that have the skill, experience, and manpower the

owner does not possess.

Each owner differs from all others in some measure. First, issues important

to one owner may not be particularly meaningful to another. Cost concerns

are paramount to many owners, while other owners may place greater empha-

sis on time requirements. Second, owners possess a wide range of character-

istics. An owner may be a large organization, may be in the private sector,

may be well capitalized, may have a complicated internal approval process,

or may possess totally different characteristics. The project objectives most

important to the owner and traits dening the owner often explain much about

the organizational structure of a construction transaction and how a project is

delivered.

Public owners, such as federal, state, and local governments, are obligated

to procure and manage construction projects pursuant to a statutory and reg-

ulatory framework.1 Public entities are not free to engage in innovative project

1. Public entities must comply with a complex set of procurement statutes when awarding a

contract, and then only enter into contracts that conform to applicable regulations.

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