One of my typical roles as an owner advisor is to review proposed construction management at-risk (CMAR) and design-build contracts from a commercial perspective—i.e., what’s the likely marketplace reaction to the contract and is the contract consistent with the philosophy behind collaborative delivery? I am continually amazed by what I see.
Michael C. Loulakis, Esq., FDBIA, President | Capital Project Strategies, LLC | WCDA Outside Director
Mike Loulakis is an outside director of the WCDA and provides project delivery, procurement, and contracting services to public owners on their capital projects. He is widely published on collaborative delivery topics and has been the author of Civil Engineering magazine’s “The Law” column since 1981. Mike can be reached at mloulakis@cp-strategies.com.
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Dispute Boards on Water/Wastewater Projects? Why Not?
I have always been perplexed as to why dispute boards are so rarely used on water/wastewater projects. They enjoy a long history of successful use on transportation projects—particularly tunneling projects and big-dollar design-build projects. Most transportation owners find dispute boards helpful, and it is clear that they provide the parties with a vehicle to get real-time resolution of project challenges. But it seems that water/wastewater owners and owner advisors don’t even give a thought (let alone a second thought) to considering the use of a dispute board when they put together their contracting approach for a non-tunneling project.