b'LEGAL COLUMNALTERNATIVE CONTRACTING MODELSAs a result of COVID-19, there has been a notable acceleration of innovative practices across the construction sector. Project L O N G S T O RY S H O RT:owners, design professionals and contractors are becoming open to the use of alternate materials and sourcing options, and theyre D O N O T R E LY O NT R A D I T I O N A Lcreating contract provisions reflecting this shift. For example, if lumber supply is too uncertain and the cost is too high, they O R S TA N D A R D F O R Mshould consider the supply stability and cost differential of alternative materials such as bamboo or concrete, assuming such C O N T R A C T ST O P R O V I D Ealternative materials satisfy code requirements and performance R E L I E F I N E X T R A O R D I N A RYspecifications for your project. Disputes among project participants are often protracted as C I R C U M S TA N C E S .a result of inconsistencies and gaps between the intentions of one or more parties, without clear and comprehensive contract terms that define rights and obligations in the event of changes, extras or delays. Collaborative construction and design methods incorporating BIM and other technologies have sought to close The method of calculating costs, and the extent to which andthese gaps by requiringor at least encouragingdiscourse and contributions to design and planning from all interested in what circumstances they will be paid by each party parties into one model or design platform. With rapid and ever-or shared. increasing adoption of collaborative contracting and design, some As the pandemic has evolved, so have the concerns of each projectproject participants have failed to adequately revise the traditional participant. Contractors should carefully consider the nature ofor standard form contracts to which they are accustomed, or to each new project, its schedule and the potential impacts of theunderstand how the changed dynamics may impact certain rights construction landscape, including pandemic and environmentaland obligations.1/4 Page Vertical Ad - 3.333 x 4.583considerations. Be wary of supplementary conditions and always 1/8 Bleed Addedconsider negotiating alternative and more favourable terms.If you are considering a collaborative design or build project delivery method, it is critical to consider the potential shift in duties and responsibilities and the reallocation of risks, and to take the steps necessary to address these changes in a contract. Successful collaborative project delivery depends on great partnerships, open communication and transparency. Maintaining these relationships and protecting each stakeholders When it comes to complex individual interests in the event of inevitable challenges depends construction issues, on clear roles, responsibilities, rights and obligations. it helps to have experience From a risk and change management perspective, the keys to on your side. successful collaborative contracting and design are agreement on Jenkins Marzban Logan LLP clear and detailed terms in respect of design liability, risk-sharing provisions and a formula or process to address changes to the design and scopes of the work. When challenges arise and project participants can ground their expectations in the contract, a well-drafted contract can go a long way to assist in early resolution of disputes, or prevent disputes altogether.Vanessa provides a broad Vanessa is a Partner at British Columbias leading construction range of legal services across law boutique firm, Jenkins Marzban Logan LLP. With a decade of the industry, including experience serving the industry, Vanessa advises general contractors, Vanessa Werden, Partner procurement and tendering construction managers, developers, suppliers, subcontractors, trades 604 895 3166 advice, contract drafting andvwerden@jml.ca review, builders liens and mid and material manufacturers during all phases of construction. Named and post-project dispute one of the Top 40 Under 40 in Canadian Construction in 2020 by resolution advocacy and advice. On-Site Magazine, she is licensed to practice in British Columbia, Alberta and the Northwest Territories. Her experience includes the arbitration of delay, extra work and deficiency claims following the Suite 900Nelson Square construction of hydroelectric power facilities, telecommunications 808 Nelson Street jml.ca infrastructure and stadium construction litigation. She is Past President Vancouver, BC, VZ H604 681 6564 of Canadian Construction Women and current Chair of the Canadian Bar Association, BC Branch, Construction Law Section.44 SOUTHERN INTERIOR CONSTRUCTION ASSOCIATION'