Analysis of Construction Contracts: Searching for Collaboration
Thaís da C. L. Alves, Nargis Shah · Construction Research Congress 2018 · 2018
Construction contracts play a vital role in construction projects and, in many ways, have the power to: promote and reward behaviors that support the delivery of successful projects; engage participants in the pursuit of what is best for the project and not only for individual parties; and even define how projects will be run and which tools will be used from an operational standpoint to run the design and construction processes. In some of the new forms of contracts, like integrated project delivery (IPD) and its variations (IPDish and IPD-lite contracts), due to a demand for more innovative solutions and techniques to be incorporated in projects, there is a strong need for collaboration to satisfy owners’ needs. This study contributes to the discussion on how contracts might promote collaboration based on how they are drafted to support relationships and working practices in construction projects. The following question was used to start the analysis: do contracts that are considered to be more collaborative display a higher number of mentions of words relating to collaboration when compared to traditional contracts? Construction contract language was analyzed by searching for specific words and terms used to promote collaboration in construction projects. Various contracts used in different delivery methods, and drafted by different organizations, in public and private settings were analyzed. Clauses involving various words that are related to collaboration and collaborative practices have been identified, and the contracts compared and contrasted to understand how these contracts are similar or different from a collaboration standpoint. The analysis revealed that IPD types of contracts have more instances where collaboration-related words and practices are indicated. The language of these contracts has words and terms related to collaboration suggesting different ways people can organize to collaborate, whereas more traditional contracts have their language drafted mostly around compliance.