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The report is a comprehensive and objective presentation of methods that government agencies can use to improve the efficiency and effectiveness of public-sector project delivery.
This thesis examines the contracting methods used by the United States Army Corps of Engineers (USACE). While USACE typically uses the traditional approach to construction contracting, they have recently begun using two forms of a design/build method. The traditional method uses separate design and construction firms. The construction contract is generally a firm fixed-price contract awarded in open competition to the lowest responsible bidder. This study found that there are many disadvantages to using this method, especially when it is used almost exclusively. The design/build approach employs a single organization to perform both the design and construction of a project. The two variations used by the Corps, the One-Step Negotiated process and the Two-Step Sealed Bidding process provide flexibility to USACE in their construction contracting. The primary advantages of the design/build methods are a savings of time, a reduction in costs, a reduction in time-consuming and costly disputes, allowing competition between designs, and the ability to award contracts based on quality as well as price. The environmental area, mobilization requirements, and base closure projects were all found to be particularly suitable for design/build use.
This valuable reference, edited by one of the most respected names in construction law, presents the modifications and alternative clauses used by experienced attorneys in changing the most frequently discussed and controversial sections of the standard forms. In presenting selected alternative contract clauses to the AIA contracts, this book addresses the concerns of owners, developers, contractors, subcontractors and others who wish to supplement of modify the standard forms, and provides a complete rationale for each suggested modification. Attorneys for the various parties, on a variety of construction projects, can now easily shift project risks and liabilities to better project client interests by employing proven alternative clauses for contracts between owners and architects, and owners and contractors are included, and certain improvements to AIA's cost-plus construction contract forms are presented. the outstanding contributors to this work also address payment disputes that delay damage issues and other frequently contested and amended 'hot spots.' the most comprehensive sourcebook of its kind, Alternative Clauses to Standard Construction Contracts points up the benefits and limitations of each clause as seen from the standpoint of each party involved.
"The use of alternative contracting methods (ACMs) has accelerated the delivery of highway design and construction projects. These changes came about through efforts of the Federal Highway Administration (FHWA) and state agencies over the last 30 years. The TRB National Cooperative Highway Research Program's NCHRP Research Report 939: Guidebooks for Post-Award Contract Administration for Highway Projects Delivered Using Alternative Contracting Methods, Volume 3: Research Overview provides the necessary methods and tools to help state agencies better administer Design-Build (D-B) and construction manager-general contractor (CM-GC) contracts on highway construction projects. This Research Report documents the rigorous process followed to produce these two Guidebooks. Vol. 1, on design-build delivery, and Vol. 2, on construction manager-general contractor delivery, are also available."--