A TERM PAPER



A TERM PAPER ONWORKING RELATIONSHIP BETWEEN ARCHITECTS AND BUILDING CONTRACTOR AND SUBCONTRACTOR IN NIGERIA: AREAS OF CONFLITPREPARED BYOLUBI ABIODUN RUFUSARC/08/4024. PROFESSIONAL PRACTISE AND PROCEDURE 1 (ARC 807) JUNE 2012.INTRODUCTIONSuccessful working relationships are built upon the essential qualities of trust, cooperation, equity and honesty. These qualities should be reflected in all links in the contractual chain. Architects, contractors, subcontractors and all other parties to building contracts should make a positive commitment to develop relationships that are founded on common goals and shared benefits. Professional services are largely created and sustained by the continued interest, expectations and demand of the public. Moreover, professionalism is imperative of certain core values; competencies, responsibility and willingness to serve public interest (Chalkley 1990). The view of the public determines the continuous recourse to, demand for and continued existence of any profession; through trust, confidence as well as the pride and respect for the quality performance of services rendered. The systemic complexity of the construction industry with respect to project performance is not only targeted at meeting clients demands through the dynamism of technical competencies and innovative skills but the behavioural pattern of professionals to protect client’s interest and sustain construction industry harmony.BUILDING PRACTICE IN NIGERIA Organized building practice in Nigeria dates back to the 1930s when the very few construction activities of significance in the country were handled by the Public Works Department (PWD) and the Royal Army Engineers. Direct labour was the common method of construction project delivery at this time. Construction contracting in Nigeria began in the 1940s with a few British and Italian companies coming into operation (Olowo-Okere 1985). Nigeria’s independence in 1960 brought an upward trend in construction activities and until the late sixties, most of the available construction organizations were over-stressed with contracts. Construction contracting in Nigeria witnessed an overwhelming upsurge during the oil boom of the 1970s and up to the end of the second republic in 1983. Unfortunately, the period also witnessed an unprecedented level of degeneration of standards in the project delivery process. Projects were poorly conceived, carelessly planned and shabbily executed. The result was unreasonably high time and cost overruns, low quality and widespread abandonment. This widespread abuse of the contract system was probably responsible for the National Council of Work’s recommendations in its 13th annual conference in 1984. It recommended direct labour system for capital project delivery, which gained wide acceptance at all the three tiers of government, under the military government of that era. Although some impressive results were obtained at the initial stage of this regime (Dawaki, 1987; Anonymous 1989); abuses were also later discovered. What is of fundamental importance therefore may not be the mode of delivery adopted but the integrity, managerial and professional competence of the executors. The public sector constitutes the major client of the construction industry in Nigeria, and the traditional approach in this sector is to handle building design and construction in two separate phases and by two separate teams viz:(a) The design teams: The design team usually consist of consultant or in-house professionals such as: architect, quantity surveyor, structural engineer and services engineer (electrical and mechanical). (b) The construction teams: The construction team, on the other hand, usually consists of a major constructor and a number of sub-contractors who are selected on the basis of lump sum competitive tender, undertaken after completion of most of the design activities. This approach offers the lowest chance for integration of construction experience into design. The result is the delay of project execution and high level of difference between the designed and constructed products. The system of contract procurement is a strong factor in determining the nature of relationships between the design and the construction teams. Other procurement methods that aim at better integration of the two sets of experience, and better overall project success have also evolved in the country. Such other methods include: management contracting, construction management, partnering and design and build. Until 2006, Nigeria was without uniform regulations, guidelines and standards for the design, construction and operation/maintenance of buildings. This manifested in a range of deplorable state of affairs in the building construction industry and in the built environment.The building construction industry became an all comers field, patronizing non professionals and utilizing untested and uncertified materials and components. This in turn resulted to incessant collapse of buildings, infernos and other disasters. The built environment, to say the least, became unsustainable, towns and cities are largely characterized by planlessness. THE ARCHITECTSArchitect is the overall leader of the design team whose major responsibility is to administer the contract. The specific duties of an architect includeHanding over of site to contractor for commencement of work, Handing over of site to contractor for commencement of work, Checking and confirmation of setting out of building, Coordination of consultants site activities, site inspection, Issuing interim certificatesSubmission of quarterly progress report to the clientHanding over of completed or partially completed building to clientFinal inspection/ completion certificates/final account/ final paymentCONTRACTORSThe word contractor is usually used to denote the organization/firm which erect the building and carry out the associated works. The name contractor is also used for parastatals, branch of ministry, contracting organizations, private contractors and direct labours for conveniences sake. Contractors control the construction works, assemble and organise the necessary resources of labour, materials, plants and equipments. Contractors gather facts, analyse the fact, predict the likely outcomes and thereafter take the necessary action.SUB-CONTRACTORSA sub-contractor is a person who is hired by a general contractor or prime consultant or main contractor to perform a specific task as part of the overall project and is normally paid for services provided to the project by the originating general contractor. Sub-contractors are hired to reduce cost or mitigate the project risks and provision of specialised skills. There are two types of sub-contractors i.e. nominated subcontractor and direct sub-contractorPROFESSIONAL ETHICSA profession has been described as a group of people organised to serve a body of specialised knowledge in the interests of society. Its responsibilities have been variously described as including the satisfaction of an indispensable and beneficial social need. A professional operates in a world of people (with whom they work), colleagues and other specialists, and people whom they serve, such as their clients and the publicProfessionals are not exempt from the common ethical behaviours such as obligations, duties and responsibilities that are binding on ordinary people. They are therefore bound by a set of principles, attitudes or types of character dispositions that control the way the profession is practiced and concerns potential problems confronting members of a profession or group and their impact on society with the implication that fairness should be attributed not only to clients but also colleagues and the public.In terms of individual professions, it is often assumed that architects are not only talented in the design and construction of buildings, but also of the highest ethical calibre. Construction contractors are also expected to behave in an ethical manner. Being honest and realistic is also said to be a fundamental aspect of professional integrity, .WORKING RELATIONSHIP BETWEEN ARCHITECT AND CONTRACTORArchitects and contractors and subcontractors have their distinct roles to play in the building process, it is important that they work together right from the inception of a project to completion. This will prevent any confusion and avoid costly changes to the project. Good working relationship between the architect and the contractor will enable the contractor to point out to the Architect what aspects of the project might turn out to be impractical or impossible to implement. Such project would be built on time and to budget and tension is eliminated or at least minimized. Tension where one party blames the other for mistakes; this type of tension often lead to a breakdown in communication, more cost and even litigation between the parties involved in such project.To ensure good working relationship between Architects and contractors, the following should be noted;As in every relationship, communication is the most important aspect and ensuring that everyone communicates regularly will go a long way towards the smooth execution of the project by having thorough written scope of services for the Architects, and thorough construction documents for the contractor.Mutual respects for each other is equally important for getting the work done without interruption and blame shiftingRelationship can also be strengthened by complementing each others strength and working together on any weaknesses.Any changes suggested by either the contractor or the architect must be discussed firstbefore a final decision be made. This will avoid situations where contractors feel like the Architect is running the show and vice versa.Scheduling regular site meetings where issues are raised and mutual solutions discussed.WORKING RELATIONSHIP BETWEEN ARCHITECT AND SUB- CONTRACTORThe architect is empowered to give instruction on the expenditure of prime cost sum. PrimeCost Sum is the amount included in the contracts for works to be executed by specialist sub-contractors or suppliers. Architect is empowered to nominate subcontractor to undertake some of the specialist work in building construction. Nominated sub-contractor is usually responsible to the main contractor and will be paid through the main contractor but in case the main contractor defaults, the architect is empowered to make direct payment to the subcontractor and deduct the same amount from the sum due to the main contractor.AREAS OF CONFLICT BETWEEN ARCHITECTS AND BUILDING CONTRACTORS AND SUB-CONTRACTORSConflict is an indispensable and inevitable in the construction industry as in other area of human endeavour. Conflict is defined as “a serious disagreement between two people or a number of people, which usually end up in a positive result if properly managed and conversely negative if not properly managed to the satisfaction of stakeholders”. (Verma, 1998). The construction industry rely on Architects, the Client, the Contractor, Sub- contractors, the Planning Authorities whose role are extremely influential in achieving success that are equivocally not possible without conflict, which must be resolved within the project life cycle. However, the fact that architects, contractors and sub-contractors are from different background, orientation, ideologies and values, they are to work on those complex issues on the project to have the expected outcome that satisfy all stakeholders is adequate to resolve conflict within the limits of the project. The causes of conflict among the architects, contractors and sub-contractors in the building industry is not only limited to difference in belief, orientation, demands, prospects, views, imagination and ego but conflict can also be looked at as the internal discord that exists between project team, which usually arise from:Misaligned ambitionsCommunication breakdownNot having the right players in key positionslack of respectdefective listening skillperception differenceMisinterpretation of design drawingmisunderstood change orderdelay in the delivery of critical componentsFailure to execute instructionsThe range of variation and intricate nature of the existing culture coupled with integration of the existing culture can be terribly intimidating. In this premise, Nigeria being a multi ethnic grouping is prone to have causes of conflict that is been directly linked to the culture. Conflict Resolution and Project Management claimed that conflict originate mostly from poorly designed project plan process or organization, and resolving this conflict identified at various phases of the project life cycle is an extremely pivotal part of conflict resolution. The disagreement on task durations and sequencing project priorities base on the need to learn new skills and underestimating the need for continual project communication. Conflict also arises from technical issues that cause budget restraints, cost estimates, inadequate payment schedules and personality conflict which are always intertwined with other issues in the project. The type of procurement method adopted usually lead to conflict in the construction industry, which include cost, delivery time and quality, sharing the activities and responsibilities and risks among stakeholder.the complexity in the construction industry from the design to construction and handing over of the project involve a lot of specialized knowledge that the project managers must use effectively if he is tactical enough to resolve conflicting issues on a project. Conflict in the construction industry as a dynamic situation that is intricate and the sector has a rate of change that is not constant but continuous between different parties which must be managed to achieve positive results (Ogunlana and Mahato, 2011). Disagreement between architects and contractors are not only detrimental to the productivity of the project but can also be costly as well. In many building contracts, prime cost sum constitutes a large percentage of the project cost. As such, clients always want to have a control on the choice of who should undertake the job and instead of contractors or architects to nominate a subcontractor for such works, the client would prefer to employ a sub-contractor. Although, this arrangement gives the client total control over the sub-contractor, it also leads to conflicts between the main contractor and the sub-contractor which affects the quality and progress of such project. Such conflicts include:Lack of coordination/cooperation between contractor and subcontractor(s) i.e. lack of willingness by the sub-contractor to respond promptly and positively to the main contractor’s call for subcontract works to be executed as at when due. For instance, the electrical sub-contractor must lay conduit pipes in the ceiling before the main contractors come for fixing of the ceiling boards, failure in the part of the sub-contractor will definitely cause delay for the main contractors.The main contractors will not take responsibility for the sub-contractor not employed by him. Provided there is no legal relationship between the contractor and the sub-contractor, there will be no one to be held responsible for the whole project and progress of work may suffer through rivalry.Difficulty of apportioning blame for delays or defective works.Problems of access to site, preliminaries, profit and attendance between the contractor and the sub-contractorCONCLUSION AND RECOMMENDATIONSThe working relationship between Architects and Contractors and Subcontractors in the building industry cannot be overemphasised as it enhances productivity and project delivery. This paper adequately analysed such relationship and how it can be enhanced. It was also discovered that despite the union that exist among the professional in the building industry, there are some areas of conflicts which cannot be unequivocally avoided. The nature of conflict, causes and tactics for minimizing conflict in Nigeria construction industry was discussed. It is therefore important that Architects, Contractors, Subcontractors and all professionals in the building industry work together from inception to completion of building project to avoid confusion, costly changes and tension. Due to the complexity in the construction industry, it is important that Architect as the leader of design team should acquire some specialized knowledge to effectively resolve conflicting issues on a project. . REFRENCESAdams, O: Contractor Development in Nigeria, Perception and Professional, Construction Management and Economics, 15, 95-108, 1997.Chalkey, R (1990) Professional conducts: A Handbook for Chartered Surveyors. 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