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Working together from the start
Collaborative contracting methods can provide early contractor involvement for the benefit of technical and commercial planning of a project.
Early contractor involvement can improve project outcomes by harnessing a contractor’s input in the overall scoping of the project, including managing and mitigating project risk and uncertainty. It facilitates identifying cost and schedule challenges early, analyzing potential design and scope adjustments, and carefully considering the role of third-party stakeholders, all supported by open-book cost estimates and construction experience. Early contractor involvement enabled by collaborative contracting can reduce guesswork to improve confidence and predictability for all parties.
Two forms of collaborative contracting may be part of the solution for the owner and the contractor:
- Two-stage contracting models: Contractors are appointed under a services arrangement during the concept or preconstruction phase of the project to work collaboratively with the owner in developing the design, addressing key project challenges and enabling more efficient pricing before transitioning into a contract to complete the design and/or construction. Examples of this model are construction manager at risk (CMAR), construction manager-general contractor (CM-GC), progressive design-build (PD-B) and predevelopment agreement (PDA).
- Relationship contracting models: For particularly complex and challenging projects, a transition point where the scope is clearly definable and risk can be efficiently allocated may not be reached during design, and continuous collaboration and risk sharing throughout delivery may be appropriate. Relationship contracting models cater to this, involving a “paradigm shift” from conventional contracting, where risk is pooled and shared rather than allocated and priced. This approach can drive collaboration to strive for win-win outcomes and avoid disputes and adversarial behavior. Examples are integrated project delivery (IPD), delivery partner (DP) and alliance frameworks.
Across North America, Ernst & Young LLP (EY) is seeing a growing trend in the use of collaborative contracting models on complex public infrastructure projects. These include the long-standing use of CMAR in vertical infrastructure (such as urban, high-rise buildings and the aviation sector), the use of the CM-GC model in US transit and the use of the P-DB model in the US water sector, to the newer PDA models being seen in the US transportation space, as well as the introduction of alliances in the Canadian market.