FEATURE: Partnering: Agreeing to Agree

Thoma$ S. Slater i$ director of aviation $ervice$ for HNTB Corp. in Raleigh, N.C. Every construction project is different-as is every project manager and every key employee responsible for the project's outcome. And in the 1990s, advancements in technology, infrastructure, financing and litigation are commonplace. Claims and litigation are on a dramatic rise throughout the construction industry. Business that once began with a handshake now requires a weighty handful of contract documents decipherable only by a battery of expert attorneys. Today, right or ''wrong'' may not be as important as who can pay for claims or damages, and how much. No one party is immune from claims, the seemingly expected hallmark of today's construction projects. Design professionals and the construction industry as a whole are recognizing the intrinsic quality of clear communications, respect and cooperation. The world is not perfect; nor are the parties who are charged with designing or constructing a project Intangible issues well beyond anything imaginable are almost certain to arise. How will each party react? Must there be a winner or loser on each issue? Let's consider the prospect of a relationship, one in which trust, ownership, respect and a sense of cooperation are instilled at the project's outset. Partnering defined Partnering is a relationship among owners, design professionals and contractors-the stakeholders in a project. Each party recognizes and acknowledges their common goals with the other parties. Contracts establish the legal relationships among stakeholders, while partnering establishes the essential working relationship. The working relationships establish the foundations for daily interaction among all parties and center on trust, commitment and equity. Partnering agreements are useful in the development of mutual goals and objectives. Partnering also promotes prompt resolutions of situations at the lowest level of authority. Here are some of the potential benefits accrued by each stakeholder: For the contractor: • Increased opportunity for profit; • Heightened productivity; • Improved decision/reaction time; • Less risk for cost overruns or delay; • Reduced exposure to litigation. For the owner: • Reduced exposure to claims or litigation; • Enhanced quality of construction; • Lower exposure to cost escalations; • Efficient resolution of situations; • Reduced overall project cost.