In
fact, new construction is anything but predictable. However,
we often make that ASSUMPTION. In fact, we make a lot of assumptions
about new construction. That’s what this article is about,
ASSUMPTIONS. By the way, the following applies equally well
to renovation projects.
If
you are considering having a new home built, how many of the following
assumptions have you made? You may have
made some of these assumptions consciously whereas others may be
unconscious; you just never thought about them. Making any
of the following assumptions will typically lead to unsatisfactory
results and, even worse, legal disputes that could go on for a long
time and consume significant financial resources. These are
some of the more significant assumption
1. Assuming
that you are capable of effectively managing the project.
2. Assuming that you know enough
about building homes to produce the desired result.
3. Assuming your builder knows what
he or she is doing.
4. Assuming your builder will comply
with a universal standard of good construction practice.
5. Assuming that there is only one
way to build a quality home.
6. Assuming that building code compliance
will produce a quality home.
7. Assuming your local code enforcement
is effective.
8. Assuming that your builder actually
knows what you want to have built.
9. Assuming that you actually know
what you want to have built.
10. Assuming that paying more means you
will get a better product.
11. Assuming that you will get a weathertight,
low-maintenance home.
The
list is nearly endless. The number of projects we see
that have developed into disputes between the owner and the builder
as a result of assumptions is equally endless. One builder
we know, in response to criticism about the quality of his homes,
said, “Every one is a prototype. Some maintenance should be
expected.” However, when he first sold the home to his
customer, the limitation of being a “prototype” was certainly
not disclosed. Further, does a unique design (this builder’s
hallmark) justify compromises in the function and weathertightness
of a home?
More
and more, in our diverse culture, you cannot assume that there
is a universal understanding about what is required to build a
good home or even what a good home is! Many factors drive
the process, including cost, availability of skilled labor, and
clear communication between the builder and owner.
Some of the important elements of a successful project are:
1. Clear and frequent communication
between the builder and the owner, both before the project starts
and as it progresses.
2. Clear definition of the intended
product, including plans and specifications, established and agreed
to before the project starts.
3. A clearly written agreement between
the builder and the owner defining the scope of work and the respective
responsibilities.
4.
A clear definition of how problems will be solved when they arise.
Problems will occur in any new construction project. What
is important is the commitment of the team (both owner and builder)
to effectively and efficiently resolve problems.
5.
That the owner makes a commitment to be on site regularly, at
least weekly. The owner’s presence
conveys a concern and interest in the outcome.
6.
Everything should be in writing. A
weekly meeting on site, with discussions and agreement summarized
in writing, is imperative. Any change in the scope, budget, or
schedule MUST be in writing.
7.
Payments should be based on demonstration of work completed,
not percentages of the total contract. Some
payment retainage (5-10%) is recommended until you, the owner,
are satisfied that you have received the product you expected,
ASSUMING you have clearly defined your expectations.
A
construction agreement, like any sound business agreement, is no
longer just a “handshake” deal in which everyone assumes
that everyone else understands what is involved. There are
simply too many variables. The time invested in clear documentation
is critical and will pay dividends. It may seem bothersome
to take the time to define the project and agreement on paper, but
that will be much more satisfying than the time spent later resolving
disputes, possibly while living in the middle of a construction project
that is way behind schedule.
More
and more, a third-party consultant is valuable in this process. An
engineer with residential construction experience can be invaluable
to both the builder and owner. An engineer can help to define
the project, develop appropriate construction documents, and act
as a liaison between the builder and the owner. Throughout
the project, an engineer can assure the owner that the desired product
is being produced while also assuring the builder that the practical
limitations of residential construction will be kept in perspective.
If
a third-party consultant is to be used, he or she should be brought
in at the beginning, when the agreements are still being established. Otherwise,
it will be difficult for that person to be effective.
For a successful project, there should be no ASSUMPTIONS.