Jeff Slivka | July 10, 2015
If you have ever attended one of my seminars, you know I like to begin with a little test. I call it the Slivka Aptitude Test or SAT! I use it to gauge (sort of) the knowledge and backgrounds of the individuals in the audience as well as to have a little fun. After writing numerous articles on design liability and contractors professional liability, I figured it was time to change it up and offer the test to all.
Over the past few years, I have spent much of my time discussing project delivery methods and the professional liability risks a contractor faces within each delivery method. I believe that, to truly understand the professional liability risks of a construction firm, you have to understand the basics, at minimum, of each project delivery method. So I thought it would be best if we start there and test your knowledge on project delivery methods. Good luck, and have fun!
Techniques created/used/applied by contractors to assist them in constructing the permanent structure/project are typically referred to as what?
Hopefully that wasn't too bad. Now page down for the answers, but before you do, I have created a scale on which you can measure your intelligence.
Caveat: Before you go any further, you have to understand that there is no arguing over answers or partial credit. I am the answer board, and the answers are final, so if you don't like it, tough.
1. A. Design-bid-build. Although various project delivery alternatives have come into greater use in recent years, especially in the case of design-build, the traditional design-bid-build method is still the dominant delivery method preferred by owners. The DBIA predicts design-build will surpass design-bid-build as the dominant method sometime before 2020.
2. A. Design-bid-build. In design-bid-build, the owner of a project first contracts with a DP or DP team. The DP performs and completes the design plans and specifications. The 100 percent completed plans and specifications are then advertised by the owner for bid. GCs compete for the construction contract, and once awarded, the GC will construct the project according to the 100 percent completed plans and specifications.
3. B. Owner. While it is natural to want to choose the DP or the contractor (in the design-build delivery method), it's the owner who ultimately retains responsibility for damages associated with design errors. Of course, the owner may attempt to shift the risk via proper selection of design firm/team, contract language, insurance, and so forth, but if any or all of these techniques fail, they retain the ultimate responsibility.
4. A. Fast-tracking. It can sometimes sound like fast-talking, but the answer is fast-tracking.
5. C. Performance specifications. Performance-based specifications focus on outcomes or results rather than on the construction process. Conversely, design or prescriptive specifications are detailed and outline exactly how the contractor must construct a project. When performance specifications are applied, the contractor is free to use his/her expertise, experience, and knowledge to determine what products, equipment, materials, or process is best suited to provide the required outcome. This can expose contractors to professional liability risk.
6. A. Owner. In the CMR project delivery method, the owner typically still holds two contracts. One contract is with the design DP, and the second is with the CMR, who then holds contracts with the subcontractors and is responsible for the performance of the construction work and typically under a guaranteed maximum price.
7. D. IPD. The selection process for all answers listed is qualifications based, but the key phrase with IPD is "multiparty agreement." There are several variations of the definition of IPD, but the simplest is—a collaborative process or delivery method that joins the owner, architect, and contractor (and, in some cases, other entities such as major subcontractors, suppliers, and engineering firms) under a single contract so that the risk and responsibility are collectively managed and appropriately shared.
8. C. Design assist. Design assist is a collaborative team-oriented technique that draws upon the specialty expertise of certain subcontractors by engaging them early in the design phase to optimize project cost, value, and constructability efficiency.
9. A. Vicarious liability. If there are still GCs that hold design-build contracts (or may have specialty subcontractors who hold contracts with engineering firms) and don't think they can be liable for the design just because they didn't design, they need to better understand this concept.
10. B. Construction means and methods. It's important to understand there is professional liability risk associated with means and methods. Whether it's a GC hiring an engineer to design a tower crane base, falsework, or scaffolding system (to name a few), contractors are exposed to various professional risks not insured through the commercial general liability policy, especially the economic damages associated with such errors in services.
I hope you enjoyed this little test, and I appreciate you taking the time to complete it.
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