3.3.1 Section Description

Each agreement to provide construction services necessarily deals with the management of the relationships among the owner, design professionals, and the construction provider. Although, as we have seen, it is certainly important to maintain a clear understanding of the specific contractual relationships being considered for a particular project, there are general principles that govern the manner in which the parties to construction agreements should treat each other. The first step in any evaluation of contract performance responsibilities should be, of course, to review the specific contract documents in order to confirm just what the particularities of the relationships for the specific project are. Any confusion, gray areas, or language that appears to be inconsistent or otherwise different from what you might expect should be clarified as early as possible.
In the most basic contracting model, all documents and money flow from the owner to the contractor, and the product (the project) moves back from the contractor to the owner. The basic system is elaborated upon to include an architect and/or engineer. The design function and its various representations contractually become extensions of the owner as far as the contractor is concerned. The “contact” issues discussed earlier in this section of this Operations Manual must be kept in perspective with respect to the “contract” realities.
In summary, the contractor has the right to expect:

1. To have all project documents be completed and be correct to the point that they can be depended upon with confidence.
2. To be dealt with fairly.
3. To be paid on time for acceptable performance.

In turn, the owner has the right to expect:

1. To get what is specified and paid for.
2. To get it at the appropriate level of quality.
3. To get it on time.
If motivations are clear and aligned in the proper direction, intentions are clearly understood, all documents are produced without flaws, all communication is professional and timely, and everyone approaches each issue fairly and equitably, everything just might go as planned. If any of these items are to any degree less than perfect, project success will depend squarely upon the contractor’s ability to move construction forward while resolving issues on a reasonably timely basis.