Representing Your Client Throughout the Construction Process

by Bud Swedloff

The author is a principal of AP3C Architects, Philadelphia, with more than 25 years in the real estate development and construction industries.

Architects love to be asked what a project will look like. Design, after all, describes the passion for the profession. But questions about a project’s cost and schedule may elicit a glazed look or are deferred to the general contractor. The passion -- and often the expertise -- is now gone.

And not surprisingly. Examine the requirements for an architectural degree and professional registration. There are precious few courses that address the practical application of management of the construction process.

Yet in practice, construction administration represents as much as 25% of the architect’s fee, and the construction phase is at least as important to consulting engineers and environmental consultants. Construction is the most costly phase of the work for the client and, most importantly, many lawsuits in the design professions arise from the construction process. How can firms better represent their clients’ financial and timing needs through the construction process without increasing their liability risk?

The answer: treat construction administration as if it were as important as design.

Construction Administration as a Design Element

In the same way that sound design principles -- form, space and order -- are discernible in every generation of critically acclaimed architecture, so too are sound principles for the management of the construction process evident in well-designed projects that are completed on time and under budget. What are these basic tenets of construction administration that architects must integrate into the process in the same way they do traditional design elements?

Integrate your design with your client’s budget and time frame. Although architects seek challenging projects, clients can impose unrealistic timing and budget considerations. As the design professional, you have a responsibility to discuss these parameters up front, even if it costs you the work. Every phase of design and construction administration involves numerous people, changing weather conditions, permits, legally binding contracts, competitive bids, and a substantial amount of time and money. Avoid entering into a complex -- albeit exhilarating -- project with unattainable time and budget goals.

Involve a Construction Manager (CM) in design development. If you lack in-house construction management expertise, consult a CM in the design development stage to help ensure that your project is constructable and to minimize the need for costly work stoppages and field revisions. The right CM will enable your design and its constructability to evolve together.

Know the dollar value of every element. Constructability is the key, but at what cost? Don’t sell your client any product, service or process without your knowing its dollar value. Create a "line item budget" showing the cost of every item you specify in the project. If a client must make changes based on this information, the options are clear. Your thoroughness in this area will best serve you when construction starts and will reduce the chance of cost overruns that can prompt questions of liability.

The Contract

The potential for lawsuits arising from the construction process demands that conscientious architects define and agree to specific procedures before construction starts. Consensus in the handling of change orders, substitutions, and punch lists reduces the risk of work stoppages and delayed funds that often prompt legal action.

Change orders can have an important impact on the construction schedule and added costs, so manage the process carefully. When negotiating the construction contract, insist on a "no work stoppage" clause with regard to change orders. When presented with a change order, consider both the money and the time being added to the job. Each is open to discussion.

Substitutions, when reasonable, should be aggressively pursued on behalf of your client. When considering a substitution, be sure you know the cost of the originally specified product and the cost and suitability of the alternative. Specify in writing, before the start of construction, that any cost savings from substitutions go directly to your client.

Punch lists are your last element of control over the quality of the project, so it must be a thorough process. Look at the job through "technical" eyes as well as through your client’s eyes. Ask yourself what it will feel like to live/work in the space. Failure to find and solve a fault leaves you vulnerable to future legal action. And if the fault is discovered after a CM has been released, the issue will be more difficult and expensive to remedy.

Establishing An On-Site Presence

Establishing a position of credibility on the jobsite from the first day is critical. Your knowledge of the project is your strength. Plan strategically timed and unannounced visits to the site. Progress reports are fine, but not as a substitute for seeing the work firsthand.

Beware, however, of not incurring increased liability in this scenario. Your frequent on-site presence does not change the contractual relationship between you, your client, the CM or the contractor. Your visits should be "on-site observations" -- not inspections -- and serve only to protect the client’s interest.

An excellent opportunity to establish an on-site presence is through weekly project meetings. As the architect and client representative, you should lead the meeting and discuss all relevant design and construction issues. You should also write job-meeting minutes and produce and distribute them within one day. Your most important concern, however, is communicating your client’s expectations to the construction team, consultants and subcontractors.

Throughout construction, the payment process is your client’s strongest leverage to help ensure that work is completed satisfactorily. The application for payment process is your control point, allowing you to help ensure that the work is complete, that the quality is acceptable, and that the work conforms with the written specification. Therefore, never approve payment for work that is incomplete, even if the case can be made that the work will be completed by the time the check is issued. Otherwise, your client’s leverage is compromised.

Reducing your liability risk is central to the survival of your practice and the integrity of your professional reputation. Mastery of the key elements of construction management and administration, displayed with the same passion with which you revere key elements of design, bodes well for thorough representation of our client and aggressive protection of your practice.