1. Page 1
Introductions:
Name: _______________________________
Family, History, Goals, Purpose & Hobbies:
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
1. Working as A Team
Attitudes & Communication
Comparison of Two Problem Projects
Phil Martinson, P.E., PMP, CDT, DBIA
Phil Martinson Engineering, Inc.
Website: pmeng.com
503-557-1555 philmartinson@comcast.net
With over 30 years experience in the construction industry Phil
Martinson has professional training and field experience in
diverse and varied backgrounds that relate to project design,
construction, planning and regulatory approvals. This
background includes degrees in Civil Engineering, Structural
Engineering and Bio-chemistry as well as certifications in
Project Management, Construction Documents Technology,
Wetland Delineations and advanced training in specialty
computer software used in the construction and design industry.
Phil Martinson Engineering networks with other consultants
and construction professionals to focus on the best way to
effectively and efficiently meet a Client’s needs. Our purpose is
to support our Clients in achieving their objectives and goals on
construction, development, design and related improvement
projects; and to promote the effective resolution of problems
and disputes related to construction projects.
I. Attitudes & Behaviors that Create Problem Projects
A. Special Interest
1.Abraham Lincoln – “A Government of the People, by the
People for the People” shall not perish from the earth.”
Versus “of Special Interest Groups, by Special Interest Groups
for Special Interest Groups”
2.Free Enterprise versus Self Serving Interests
a. The Other Path - by Hernando de Soto, 1989 - The
Economic Answer to Terrorism
i. Minimal Political Corruption - No “Pay Offs”
ii. Minimal Privileged “Classes” – No Special Rights
or “Favors”
b. The Construction Industry in the United States is a Prime
Example of Free Enterprise.
3. Liberty – Freedom from unjust or undue governmental
control.
4. “A Nation of Victims” by Charles J. Sykes - The author talks
about the decay of the American Character. No one wants to
accept responsibility for their actions and they want to blame
others for their problems – expecting society or others to
insulate them from any pain.
B. Pro-Active Attitudes
1.Fear of Making a Wrong Decision
2.Adoption of a Systems Approach to Problems & Management
3.Established – But Ineffective Paradigms
C. Failure to Communicate
1.Informal Partnering
2.Formal Partnering – Works 80% of the time when all parties are
open, honest and committed to the PROJECT
II. Communication Solutions on for Problem Projects
A. 3 options or Alternatives for Dealing with Disputes
1. Deal with it now – Delayed Gratification
a) Unpleasant Initially – But Healthy
b) Accept Responsibility
c) NEGOTIATE – Open Discussion, Compromise, Give &
Take (Informal Partnering)
d) ASSISTED NEGOTIATION (FORMAL
PARTNERING) – Mediation, Arbitration
2. Turn it Inside – Say Nothing, Hold it Inside – Leads to
Depression & Withdrawal
a) Avoids Healthy Confrontation
b) Avoid Taking Balanced Responsibility – Blame Self
(100% Self)
c) ESCAPE – DENIAL, FLIGHT, DEPRESSION
3. Turn it Outside – Say Nothing, Hold it Inside – Leads to
Anger & Hostility
a) Avoids Healthy Confrontation
b) Avoid Taking Balanced Responsibility Blame Others
(100% Others)
c) ATTACK – LITIGATION, ASSAULT, VIOLENCE
Becoming an Owner’s Contractor of Choice
Mesa Contracting, LLC
Facilitator - Phil Martinson Engineering, Inc. 503-557-1555
Friday, August 8, 2014 – 6:30 AM to 1:30 PM

2. Page 2
B. Consider the Personality of the People Involved
1. Understand Who You’re Dealing With
a) Find out who the players and decision makers are
b) As much as possible, understand their personalities
2. Understand The REAL Problem
a) Rarely is the Apparent Problem the Root Problem
b) Root Problem will Involve Core Personality Issues
3. Personalysis
a) People are Different & Think Different
b) Understand both Your Personality & the Personality of
the People you work with
c) Provides insights into how people think, how they solve
problems, how they deal with others, and how they cope
under stress.
4. Personalysis Evaluation
a) Simple, 15-minute, self-administered questionnaire. The
analysis of this data results in the Personalysis Report.
b) Personalized 13-page summary of your personality with
an easy-to-use snapshot of your personality called a
Colorgraph
c) Application guide in the form of an interactive CD to
give you tools to work with other personality types
d) People road map to accelerate teamwork - depicts
behavior objectively & graphically
e) Eliminate road blocks of style differences - stay focused
on achieving results
f) Helps setup a system to create productive working
relationships your organization
C. Sample Letter
1. Typical Generic Notification Letter
SUBJECT: _____________ Project
Notification of Change in the Contract Work
Unmarked and Unknown Utilities conflicting with pipe installation
In Accordance with Contract Clause __________
Dear Owner Representative,
This letter is to inform you we have experienced a change in
our work in the form of unmarked and unknown utilities
which are in conflict with our work. This change is adversely
impacting our work. We will look to you for any added costs
associated with this change in the work. Thank you.
2. Optional Second Letter (Subject to Legal Approval) – It is
Imperative a contractor’s legal counsel review any
notification letters on a specific project regarding changes to
verify their conformance with contract requirements and to
preserve any legal rights, since requirements on each project
and each contract will vary.
SUBJECT: _____________ Project
Unmarked and Unknown Utilities conflicting with pipe installation
Dear Owner Representative,
A meeting with you will be helpful in determining a plan and
direction that will provide options to complete the project in
time and on budget. We will continue to track our costs and
monitor the work progress so we can complete the work in
accordance with the contract agreement.
Your suggestions and input as to how we can maintain the
project goals to complete the project as designed and
planned would be helpful. We would like to work with you
and analyze the impacts so a solution can be found that will
mitigate the cost impact to the contract work.
3. Addressing the Personalities
Red – Lion (What?) - A meeting with you will be helpful in
determining a plan and direction that will provide options to
complete the project in time and on budget.
Green – Beaver (How?) - We will continue to track our
costs and monitor the work progress so we can complete the
work in accordance with the contract agreement.
Yellow – Golden Retriever (Who?) - Your suggestions and
input as to how we can maintain the project goals to complete
the project as designed and planned would be helpful.
Blue – Otter (Why?) - We would like to work with you and
analyze the impacts so a solution can be found that will
mitigate the cost impact to the contract work.
D. The Victim Mentality
In the Book “A NATION OF VICTIMS”, Charles J. Sykes talks
about the decay of the American Character. No one wants to
accept responsibility for their actions and they want to blame
others for their problems – expecting society to insulate them
from any pain.
E. Communicate at Their Level
1. The Problem
a) As Represented in the Bid Documents
b) As Found on The Project
c) Use a team approach to facilitate communications
2. Communicate the Impact
a) Costs
b) Schedule - Sure Trak or Project - Bar Chart & CPM
c) Graphics
F. Find Creative Solutions
1. What are the Party’s and Project Goals?
a) Project
b) Contractor
c) Owner
d) Designers
e) Third Parties – Neighbors, Public, etc.
2. What are the Resources?
a) Grants & Alternative Funding?
b) Other Projects – Future Work
c) Design Modifications
d) Construction Changes
3. Avoid the Lone Ranger Syndrome – Team Approach
a) Team Building – A relational process in which diverse
members unite to achieve a mutually beneficial goal
b) Types of Teams
c) Team Forming Process
d) How To Build a Team
1) Develop personal ownership of the project

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2) Define the goals
3) Creating a “We” climate
4) Define the relationships and corresponding roles
5) Protect the relationships - “Team Repair” as needed
6) Create & Define your Mission Statement
III. Keys to Relationship Harmony
A. Marriage
1. Define Your Goals
2. Effective and Honest Communication
3. Conflict Resolution Process that anticipates and expects
resolutions to conflicts that arise. (Matchmakers Claim this
item alone can predict 80% to 95% success)
B. Business
1. Define Your Goals
2. Effective and Honest Communication
3. Conflict Resolution Process that anticipates and expects
resolutions to conflicts that arise.
C.Construction – Contractor – Owner - Designer
1. Define Your Goals
2. Effective and Honest Communication
3. Conflict Resolution Process that anticipates and expects
resolutions to conflicts that arise.
IV.Transformational Leadership
Overlapping Relationships & Responsibilities
Continuous Improvement
V. A Tale of Two Contracts
NOTES: _______________________________________
______________________________________________
______________________________________________
______________________________________________
______________________________________________
2. Managing Projects to Avoid Disputes
Plan & Schedule ALL WORK
Basic 3 Project Components - Triangle Model
 Scope - WORK ELEMENTS
 Schedule - TIME
 Budget - COST
 All three are tied together - may have to reduce the scope,
(project components or quality) to maintain the Schedule or
the Budget
Danish Philosopher, Søren Kierkegaard:
“Life is understood Backwards,
but it is lived forward”
Many Contractors feel the same way about a Construction Project.
It is understood when you look back on it and realize how it could
be built better or differently. It is by looking back, that you can
improve the way we move forward on new construction projects.
Basic Setup – Written Outline & Plan
A. Contract – Update and Review ALL Contract
Elements
1. Quality Control Program
2. Environmental Protection Program
3. Health & Safety Program
4. Owner & Designer Goals & Concerns
5. ALL Work Items, Elements & Restrictions
6. ALL Submittal Requirements
7. ALL Notification Requirements
B. Plan & Schedule – Build the project on Paper
C. Communication System
1. Serial Letter System – Correspondence in and
Correspondence Out
2. Daily Reports
3. Monthly & Weekly Project Meetings
Schedule Your Project
 No Plan is A Plan to Fail
 "What gets scheduled gets done" – Scheduling is a Tool to
Communicate the Project Plan, Anticipated Productivity and
Cash Flow Requirements
 Proper scheduling is a tool to measure and a key to evaluating
impact from delays, disruptions & project changes
Define Your Project by Different Formats
 •Performance Requirements - Project Goals
 Design Drawings & Specifications
 3 Dimensional Scale Model (BIM)
 Project Cost (Total of Contracts)
 Time (Schedule)
Building A Schedule
 Read The Contract
 Evaluate Risks - more risk = more activities
 Defines the planned scope of work
 Establishes a timeline for the work plan
 Assigns costs to the work the plan
 Accountability Guideline
 Helps Define Cash Flow Requirements
 Communication Tool for Management
 Use scheduling methods that work best the project
 Verify the reasonableness of the schedule with the crews
performing the work
 Status the schedule periodically, recording work as it is
 accomplished, forecasting completion of remaining work and
adjusting the schedule as needed
 Document, quantify, record and include any adverse impacts
on the schedule and forecast remedial logic, if needed
 Produce a final as-built schedule, both to learn for future
work and to provide a record of actual project progress

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Critical Path Method Scheduling (CPM)
 Timeline for performing the Work (Project Components)
 Project Components = Tasks which make up the project
 Mathematical time model of the project
 Critical Path = Longest sequence of Tasks (Activities) of a
project which determines the end date
 Any delay in one task on the Critical Path, delays other tasks
and delays the project as a whole
 Tighten the schedule - Create a buffer to anticipate changes
& adverse impacts
Scheduling Guidelines
 Summarize the contract’s schedule specifications & reporting
requirements, then determine the allowable contract time
 Consider and summarize any time penalties, such as
liquidated damages
 Verify the schedule follows durations & logic that fit the
contract time and requirements
 A schedule is only as good as its ability to communicate
 Employ constraints, multiple calendars and non-conventional
relationships sparingly
 Avoid lead times & lag times that are not necessary
 Avoid task durations that are longer than your intended
update cycle.
 Project delays occur on or near the critical path
 Publish the finished schedule as a BASELINE for the work &
distribute to relevant parties (Owner, General Contractor,
Subcontractors, Suppliers, Superintendents, Foreman)
 Reconcile the schedule to the project estimate, ensuring scope
was covered
Scheduling - Notes & Comments
 A project schedule can have more than one critical path.
 One job can have multiple ways to perform - There are
different ways and timelines to complete the work
 A schedule needs to be modified and updated as changes
occur - DYNAMIC
 Be Accurate & Fair
 Concurrent Delay must not be masked
 Float belongs to the project - Any party should use it
Monitoring A Schedule
 Monthly Progress Updates to The Schedule
 Monthly Documentation
 Monitoring project trends
 Schedule Variances, Actual Durations
 Monitor forecasted costs
 Actual vs. Estimate, Projected cost at completion
 Track actual start dates, end dates, & percent progress and
evaluate performance
 Monitor Earned Value Analysis
 Communicate Often
 Enter any contract milestone dates
 Allow for inputting time impact of changes; both extensions
and accelerations
 Review project cost status compared to budget
 Brief Narrative/Report of project status with progress
success, delays, changes to scope and changes
 Look for Ways to continually improve the work and the
methods used to Schedule & Monitor the Work
 Always Look for Ways to Improve
 VICO Software 5-D - Present and communicate the
construction process. All aspects of the project are displayed
in one place. Project status and progress can be
simultaneously viewed in 3-D, 4-D (schedule) and 5-D (cost).
Delay from Changes
 Delay & Disruption - Contrast of work delay as compared to
work disruption.
 A party claiming delay, is responsible to demonstrate it
 Delay cause must be fairly determined
 Delay claims typically focus on what was affected as the
result of some event and the magnitude of the affect on
individual work items. If the delayed work item is tied into
the performance of other work items on the contract, the
delay of one item has the potential of disrupting other work
items.
 Following is a quotation from the third edition of “PROVING
AND PRICING CONSTRUCTION CLAIMS” published by
Aspen Publishers and written by Robert F. Cushman, John D.
Carter, Paul J. Gorman and Douglas F. Coppi (Section 3.01
INTRODUCTION, page 69): “…With respect to contract
performance, disruption encompasses three general
principles. First, when a contractor bids on a contract, it is
entitled to schedule its performance in a series of efficient
and economical operations, with each stage of performance
dependent on or interrelated to other stages. Therefore, any
disruption to one stage may have a potentially disruptive
impact on the subsequent or related stages. Second, parties to
a contract are expected to cooperate with one another and not
hinder each other’s performance. A contractor plans to
perform its work in a certain manner and sequence, and the
owner has an implied duty not to hinder, interfere, or disrupt
the contractor’s planned performance. Third, when a
contractor plans its contract performance, it must do so
reasonably. A contractor may not make unrealistic
assumptions about contract performance. For example, a
contractor cannot make a valid disruption claim if it has
assumed that it would have sole access to the site when the
contract documents indicated that other contractors would be
simultaneously onsite. Finally, these concepts must be
balanced with frequently encountered contractual language
inserted for the purpose of altering the otherwise implied
rights of the parties. Such exculpatory provisions may not be
completely enforceable…”
Disruption of Work from Changes
 Disruption can be defined as any change in the method of
performing the contract work sequence planned by the contractor
(and the owner) at the time the job was bid that prevents the
contractor from performing the work in the manner the contractor
(and the owner) anticipated. The impact of disruption to the
contractor will change not only the time of performance, but will
typically cause a loss of efficiency in performing all the
interrelated work items with increased costs on those work items.
A disruption has the potential to affect all work items. If there is a

5. Page 5
delay which causes major disruption relative to the percentage of
work and the performance time, a delay of one item will
completely change the performance of the contract work.
Resource Information – Scheduling
 AACE International (The Association for the Advancement of
Cost Engineering International) http://aacei.org/
 Primavera Software - project, portfolio and resource management
software. http://www.primavera.com/
 2007 MS Office Project – http://www.msprojectconference.com/
 2007 Project Blog Site http://blogs.msdn.com/project/default.aspx
 VICO Software, 120 Washington St. # 202-C, Salem, MA 01970
978-882-0170; Email: info.us@vicosoftware.com
Web: www.vicosoftware.com
NOTES: _______________________________
_______________________________________
_______________________________________
_______________________________________
_______________________________________
3. The First Signs of a Problem
I. Warning Signs of a Problem
A. Delayed Start
1. NTP - Notice to Proceed
2. Funding Delays
3. Permit Delays
B. Denied Access
1. Easements
2. Permit Delays
3. In Water work
4. Utility Conflicts
C. Design Problems
1. Incomplete Drawings
2. Design Defects or Conflicts
3. Specified Equipment Problems
D. Changed Conditions
1. Type I - Material or Representation is Different
2. Type II - Unusual or unexpected behavior
E. Learn from Others Experience
1. Listen to Others
2. Watch Other Projects
3. Ask Lots of Question
II. Types of Project Impacts
A. Delay
1. Delay & Disruption - Contrast of work delay as
compared to work disruption.
2. A party claiming delay, is responsible to
demonstrate why
3. Delay cause must be fairly determined
4. Delay claims typically focus on what was
affected as the result of some event and the
magnitude of the affect on individual work items.
If the delayed work item is tied into the
performance of other work items on the contract,
the delay of one item has the potential of
disrupting other work items.
5. Following is a quotation from the third edition of
“PROVING AND PRICING CONSTRUCTION
CLAIMS” published by Aspen Publishers and
written by Robert F. Cushman, John D. Carter,
Paul J. Gorman and Douglas F. Coppi (Section
3.01 INTRODUCTION, page 69): “…With
respect to contract performance, disruption
encompasses three general principles. First,
when a contractor bids on a contract, it is
entitled to schedule its performance in a series of
efficient and economical operations, with each
stage of performance dependent on or
interrelated to other stages. Therefore, any
disruption to one stage may have a potentially
disruptive impact on the subsequent or related
stages. Second, parties to a contract are expected
to cooperate with one another and not hinder
each other’s performance. A contractor plans to
perform its work in a certain manner and
sequence, and the owner has an implied duty not
to hinder, interfere, or disrupt the contractor’s
planned performance. Third, when a contractor
plans its contract performance, it must do so
reasonably. A contractor may not make
unrealistic assumptions about contract
performance. For example, a contractor cannot
make a valid disruption claim if it has assumed
that it would have sole access to the site when the
contract documents indicated that other
contractors would be simultaneously onsite.
Finally, these concepts must be balanced with
frequently encountered contractual language
inserted for the purpose of altering the otherwise
implied rights of the parties. Such exculpatory
provisions may not be completely enforceable…”
B. Disruption
1. Disruption can be defined as any change in the
method of performing the contract work
sequence planned by the contractor (and the
owner) at the time the job was bid that prevents

6. Page 6
the contractor from performing the work in the
manner the contractor (and the owner)
anticipated. The impact of disruption to the
contractor will change not only the time of
performance, but will typically cause a loss of
efficiency in performing all the interrelated work
items with increased costs on those work items.
2. A disruption has the potential to affect all work
items. If there is a delay which causes major
disruption relative to the percentage of work and
the performance time, a delay of one item will
completely change the performance of the
contract work.
C. Acceleration
Increase Productivity - reduce completion time
D. Time Extension
Increased Contract time - allow for changes in
work
III.Tools for Monitoring Project Problems
A. Define Your Project by Different Formats
1. Performance Requirements - Project Goals
2. Design Drawings & Specifications
3. 3 Dimensional Scale Model (BIM)
4. Project Cost (Total of Contracts)
5. Time (Schedule)
B. 3 Project Components - Triangle Model
1. Scope - WORK ELEMENTS or QUALITY
2. Schedule - TIME
3. Budget - COST
All three are tied together - may have to reduce the
scope (project components or quality) to maintain the
Schedule or the Budget
C. Critical Path Method Scheduling (CPM)
1. Timeline for performing the Work (Project
Components)
2. Project Components = Tasks make up the project
3. Mathematical time model of the project
4. Critical Path = Longest sequence of Tasks
(Activities) which determines the end date
5. Any delay in one task on the Critical Path, delays
other tasks and delays the project as a whole
6. Tighten the schedule - Create a buffer to anticipate
changes & adverse impacts
D. Learn from Others Experience
1. Listen to Others
2. Watch Projects
3. Ask Lots of Question
IV.Tools for Solving Project Problems
A. RFI (Request For Information)
1. Clarification
2. Interpretation
3. Direction
B. PCO (Potential Change Order)
1. Requesting the Owner to Issue a Change Order
2. Usually Money and/or Time
C. CO (Change Order)
1. Recognized Change
2. Approves added Time and/or Money
D. Request for an Equitable Adjustment (REA)
1. Asks for additional Time and/or Money
2. Typically submitted when a change was not
approved or recognized by an owner
V. Tools to Measure Production - Metrics
A. Scheduling as a Tool

7. Page 7
1. Communicate the Project Plan, Anticipated
Productivity and Cash Flow Requirements
2. Measure and a key to evaluating impact from
delays, disruptions & project changes
3. Can have more than one critical path.
4. Can have multiple ways to perform - There are
different ways and timelines to complete the work
5. Modify & update as changes occur - DYNAMIC
6. Be Accurate & Fair
7. Concurrent Delay must not be masked
8. Float belongs to project - any party should use it
B. Earned Value Analysis - To Monitor Your Projects
EV = Earned Value (Budgeted Cost of Work
Performed)
PV = Planned Value (Budgeted Cost of Work
Scheduled)
AC = Actual Cost (Actual Cost of Work Performed)
C. Simple Indexes to Monitor Your Projects
CV = Cost Variance = EV-AC
$ Value - Good if Positive
SV = Schedule Variance = EV–PV
$ Value - Good if Positive
CPI = Cost Performance Index = EV/AC
Ratio - Good if > 1.0
SPI = Schedule Performance Index = EV/PV
Ratio - Good if > 1.0
D. Communicate at Their Level
1. The Problem
 As Represented in the Bid Documents
 As Found on The Project
 Use a team approach to facilitate communications
2. Communicate the Impact
 Costs
 Schedule - SureTrak; Project; Bar Chart; CPM
 Graphics
VI.Conclusion - Ask Lots of Questions - Use Notes
1. Identify the Problems - First Step to a Solution
2. If you have a problem - Admit it
3. What can be done different - A written Plan to Deal
with or Fix a Problem
4. Informal Partnering
5. Study the Contract
6. Documentation & Communication
 Monitor & Update the Schedule
 Maintain an Issues log - PCO/CO
 Sequential Correspondence - Serial Letters
7. Treat everyone with Respect
8. Know where the Owner is coming from
VII. References & Resource information
AACE International (Association for the Advancement
of Cost Engineering International) http://aacei.org
Primavera Software - http://www.primavera.com
MS Project – http://www.msprojectconference.com
NOTES: _______________________________________
______________________________________________
______________________________________________
______________________________________________
______________________________________________
______________________________________________
______________________________________________
______________________________________________
_______________________________________
4. Guidelines & Resources
For Partnering in Construction
Phil Martinson, P.E., PMP
Phil Martinson Engineering, Inc.
Website: pmeng.com
503-557-1555 phil@pmeng.com
I. Why Partnering?
To improve the effectiveness of the construction process
through improved communications and an enhanced
conflict resolution process.
A. Improve the method and quality of communications
B. Partnering in Construction very similar – focus on
clarifying the project goals and improving
communication
C. All parties involved in the Project define and agree
on:
1. All Parties Goal statement for the project.
2. Communications procedures, methods and
responsibilities.
3. Setup a Conflict Resolution process that
anticipates and expects resolutions to conflicts
that arise.

8. Page 8
II. Definitions of Partnering
A. Associated General Contractors - Partnering is a
way of achieving all optimum relationship between
a customer and a supplier. It is a method of doing
business in which a person’s word is his or her
bond and where people accept responsibility for
their actions. Partnering is not a business contract
but recognition that every business contract
includes an implied covenant of good faith.
B. Construction Industry Institute - The partnering
concept centers on a long-term commitment
between two or more organizations for achieving
specific business objectives by maximizing the
effectiveness of each participant’s resources. The
relationship is based on trust, dedication to
common goals, and an understanding of each
other’s expectations and values. Expected benefits
include improved efficiency and cost-effectiveness,
increased opportunity for innovation, and the
continuous improvement of quality products and
services.
C. American Society of Civil Engineers - Partnering
is an effort that attempts to merge the contractor’s,
the owner’s, and the engineer’s interests into a
single project goal. Partnering involves cooperative
project management among the contractor, the
owner, and the engineer.
D. U.S. Army Corps of Engineers definition A -
Partnering is the creation of an owner—contractor
relationship that promotes the achievement of
mutually beneficial goals. It involves an agreement
in principle to share the risks involved in
completing the project and to establish and
promote a nurturing partnership environment.
E. U.S. Army Corps of Engineers definition B -
Construction partnering means developing a
cooperative management team with key players
from the organizations involved in a construction
contract. The team focuses on common goals and
benefits to be achieved through contract execution
and develops processes to keep the team working
towards those goals. Partnering means exercising
leadership for the entire engineering team.
F. American Arbitration Association - Partnering is
a synergy—a cooperative, collaborative
management effort among contracting and related
parties to complete a project in the most efficient,
cost method possible, by setting common goals
keeping lines of communication open, and solving
problems together as they arise.
III. The Partnering Process
A. Setup a Pre-construction Workshop with a
facilitator to act as a catalyst and to improve the
quality and productivity of the workshop. All
parties develop three documents:
1. Goal statement for the project.
2. Establish Communication procedures defining
the specific requirements and details of
communications with all parties.
3. Setup the Conflict resolution process that is to be
used to resolve conflicts to the satisfaction of
all parties.
B. Follow-up workshops are used to monitor the
project and Speak to current concerns,
miscommunications and problems that develop as
the project proceeds.
1. Performance review based on the partnering
goals
2. Implementation of Corrective Action as needed.
3. Revision to the Communication Procedures as
needed.
C. Conflict resolution Process
1. Focus on resolution of inconsistencies between
the design and construction processes.
2. Emphasis on communication tools and the
process used to improve the interactions
between all parties involved.
3. Look at any conflicts in light of the goals and
purpose of the project. Focus on the results
IV. The Benefits of Partnering
Partnering does not eliminate problems. It anticipates
problems and provides a process for all parties to
work through changes and mitigate the financial
impact on everyone involved.
A. Improved & effective communications
B. Predictable problems
C. Manage Changes and Problems – through
improved communications
D. Proactive communications versus reactive
E. Have key decisions makers involved on major
decisions and turning points.
F. Project is run and managed as a Team Effort of all
parties involved.
G. Development of improved skills (especially
communication) as individuals and as a company.
H. Focus is on results and follow-through of potential
problems.

9. Page 9
I. Synergistic effect of all people working towards a
common goal.
The Partnering Process
What is Partnering
 Synchronized Decision Making
 Team Building “One Team’ Focus
 Do It Right The First Time Emphasis
 Continuous Improvement
 Speedy & Effective Conflict Resolution
Three Simple Rules for Partnering Success
 Do what's right!
 Do your best!
 Treat others as you want to be treated!
Answers Three Basic Questions
 Can I trust you?
 Are you committed?
 Do you care about me and my interest?
Partnering Is Not
 A substitute for:
o the contract
o good plans I planning
o competent people
 A guarantee of:
o profit
o no cost growth
o no disputes
 A compromise of:
o quality standards
Why Partnering
 Enhance Productivity
 Minimize Risk
 Reduce Unnecessary Bureaucracy
 Eliminate Need For Litigation
Partnering Principles
 Prevention versus Repair & Rework
 Taking Responsibility versus Shifting
Responsibility
 Good Faith & Fair Dealing versus Taking
Advantage•
 Team Success versus Taking Care of #1
Regardless
 Accountability versus Passing the Buck
 Process Simplification versus Red Tape
Issue Resolution Policy
• All problems are job problems!
• Inaction is not an option.
• Issues will be identified and resolved at
the lowest practical level.
• Identify policy level Issues and elevate as
soon as possible.
• Issues will be resolved or elevated before
impact on cost or time.
• Elevate and hear together (provide
options). Elevation is not a sign of
failure. Identify issue and elevate ASAP
when resolution cannot be achieved.
Either party can decide it’s time to
elevate.
• Time and Cost impact dates will be
identified immediately
• Time available to resolve Issues before
will be allocated as indicated on the
issue Resolution Ladder before impact
on Cost or Time.
• Once made, a decision is owned and
known by all.
• No bad news letters without discussion
first.
• Never Never! Bad mouth your Partner in
their absence.

10. Page 10
Project Goals
What are the Project Goals for your organization,
for the owner & for all stake holders?
What events, actions or accomplishments must
take place to say the project is a success?
Common Goals:
1. Safety for Workers & Public
2. Quality – Do it right the First Time
3. Cooperation - Quick Resolution of Issues or
Changes
4. Good Communication
a) Timely Notifications to all Parties
b) Traveling Public
c) Property Owners
5. On Schedule
6. In Budget – Avoid Nickel and Diming
7. Specific Goals (In addition to the Common
Goals):
NOTES: _______________________________
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Sample Partnering Charter
As partners, we pledge to construct our project
successfully through mutual respect, open communication,
cooperation and trust. We will proactively plan our work
coordinate with each other and individually be accountable
for our performance and actions. We will resolve
problems in a timely and equitable manner at the lowest
practical level while remaining focused as allies to ensure
no issue becomes larger than our common goals.
SAFETY
A safe worksite
No recordable accidents
No public incidents
QUALITY
Satisfied customers
Meet contract requirements
Do it right the first time
SCHEDULE
Target early completion 3 months
Update and share detailed, short term work ph Develop
and maintain project momentum
BUDGET
Achieve all partners’ financial goals
Timely resolution of change order equity
No claims
COMMUNITY
Business, transit customer, recreation and Proactive public
information
Sustain our good r
No train delays
Have Fun
By accomplishing these goals we will create a premier
public amenity, establish a model and standard for future
projects, enhance our reputations build enduring
friendships and can take pride in a job well done.

11. Page 11
5. The Rising Popularity of Design Build
I. Origins of Design-Build
A. Master Builder
1. 2000 BC to 1850 AD
2. European Renaissance (14th
to 16th
centuries)
3. Single Provider of Design & Construction
B. Separation
1. Industrial Revolution (18th
to 19th
centuries)
2. 1850 to present
3. Separate Design & Construction responsibilities
C. Integration
1. Information Age
2. 1985 to present
3. Integration of Design & Construction
responsibilities - BIM
II. The Development of Professional Standards
A. Code of Hammurabi
1. Ancient law code, created 1790 BC in ancient
Babylon by the 6th
Babylonian king
2. Eye for an Eye - Obligation of Design &
Construction
3. Babylon - World’s First Metropolis
B. Vitruvius - Roman - Time of Julius Caesar
1. 40 BC - Documentation of design and
construction practices - De architectura, “The
Ten Books on Architecture”
2. Machines - Hoists, cranes, pulleys, catapults,
dewatering screws, surveying, etc.
3. Called first known engineer & first architect
* The above information above is from “Selecting Project
Delivery Systems: Comparing Design-build, Design-Bid-Build
and Construction Management At Risk” by Victor Sanvido and
Mark Konchar copyright 1999, Reprinted with additions, 2005.
C. Filippo Brunelleschi - Italian Renaissance
1. Foremost architect & engineer
2. Design-Builder & Innovator of Construction
3. Florence Cathedral - Double Dome
4. 1377 AD-1446 AD
III. Effects of the Renaissance Enlightenment
A. Leone Battista Alberti:
1. first intentional separation of the art from the
craft (1456)
2. Established architecture as a profession distinct
from the science of engineering & construction
3. Planner - Village of Pienza - Urban Planning
Bernardo Rossellino (student of Alberti)
B. Sir Christopher Wren
1. Scientist, mathematician, astronomer
2. Did not become an architect until he was 29
3. London Fire of 1666 - Wren appointed to repair
damage in 1667
4. St. Paul’s Cathedral - Designed by Wren
5. Design accepted in 1675 & Wren Supervised
Construction - completed in 1710
C. From the 15th century into 19th century, Architects
retained responsibility for both design &
construction
IV. Effects of the Industrial Revolution
A. Established architecture as a profession distinct
from the science of engineering & construction
B. Increased Complexity of Designs and Facilities -
Increased demand on design expertise
The study was supported by Construction Industry Institute Study
and Penn State and was published by the Project Delivery
Institute.

12. Page 12
C. Demand on Urban growth & movement of people
to Cities - Task Specialization -
D.Communication Improvements utilizing
standardized systems of drawings and
specifications
E. Labor Segregation - Specialization of tasks
F. Innovation & Entrepreneurship
G.Rise of Professionalism in Designing
V. Professional Societies
1. 1852 - ASCE - American Society of Civil Engineers
2. 1857 - AIA - American Institute of Architects
3. 1918 - AGC - Associated General Contractors
4. 1948 - CSI - Construction Specifications Institute
5. 1950 - ABC Associated Builders and Contractors
6. 1966 - ASA - American Subcontractors Association
7. 1971 - AIC -American Institute of Constructors
8. 1982 - CMAA - Construction Management Association
9. 1993 - USGBC -US Green Building Council
10. 1993 - DBIA - Design-Build Institute of America
11. 1997 - LCI -·Lean Construction Institute
12. 2000 - CURT -Construction Users Roundtable
VI. Legal Separation of Design & Construction
A. Miller Act - 1935 Created to protect the payment
of subcontractors & suppliers & required projects
to have a performance bond.
B. Brooks Act - 1972 Requires U.S. Federal
Government to select engineering and architecture
firms based upon their competency, qualifications
and experience rather than by price.
VII. Design-Build Today
A. Definition by DBIA (Design Build Institute of
America) “Design-build is a method of project delivery in
which one entity (the design-builder) forges a single contract
with the project owner to provide both
architectural/engineering (A/E) design services and
construction services. Design-build is also known as
design/construct and single-source responsibility. Design-
build is an alternative to design-bid-build. Under the latter
approach, the owner selects and commissions an architect or
engineer to prepare drawings and specifications under a
design contract and subsequently selects a construction
contractor to build the facility under a construction contract.”
B. Advantages to Design Build - Published Studies*
1. Most Cost Effective Delivery System
• 6%* Lower Costs
• 12%* Faster Construction Time
• 33%* Faster Project Time (Design and
Construction)
2. Reduced conflict (50% fewer claims)*
3. Increased Quality - Design-Build achieved
highest owner satisfaction ranking*
4. Opportunity for Greater Innovation
5. Greater Participation from the Owner
• Early knowledge of costs
• Faster Response on Changes & Issues
VIII. Design-Build Today
A. Historical Market Trends and Projections -
1985 to 2015. (This chart is the property of the DBIA)
B. Total Revenue Growth with Design-Build
Both USA (Domestic) & International
(This chart is the property of the DBIA - Design Build
Institute of America and is included with their permission)
IX. Why Design-Build?
 Early, Open, and Honest streamlined
communications.
 Construction Industry Institute (CII) studies
suggest Design-Build has the following
dramatic effect on projects.
Owners were asked how Design-Build improves
the delivery of a project.
78% believe it increases trust **
85% believe it increases planning**
82% believe it increases openness**
96% believe it improves quality **
85 % believe it is less adversarial **
90% believe it improves safety **
82% believe it increases communications **
**Design-Build Institute of America (DBIA), “An Introduction
to Design-Build”, 2001 Edition