发表于 2005/5/22 15:38:00
[color=#00008B][size=2][size=2][size=4]Conflicts between Owner and Contractors: Proposed Intervention Process Kathleen M. J. Harmon Introduction The parties of a construction contract, the owner and contractor, are a society with a complex set of interrelated relationships requiring cooperation and collaboration to coordinate time, resources, and communication. The main goal of the parties involved in a project’s construction is to have a successful project. This is defined as a project that has been constructed in accordance with the plans and specifications, within the time and cost originally anticipated. The success of a project depends on a number of variables, not the least of which is how the organizations approach problem and conflicts (Diekmann et al. 1994).
Conflicts Conflicts are present on all construction projects (Bramble and Cipollini 1995; Zack 1995; Fenn et al. 1997;Carsmen 2000; Pinnell 1999) and, if left unresolved, can have detrimental effects on the progress of the project as well as the relationships between the contractual parties. Conflicts are caused by the size and duration of the project, the complexity of the contract documents, changed conditions, poor communication, limited resources, financial issues, inadequate design, labor issues, and force majeure events. Because of these conflicts, the construction industry is plagued by an increasingly adversarial atmosphere existing between the owner and the contractor (Rhys Jones 1994; Conlin et al. 1996; Mix 1997; Arditi et al. 1998; Steen and MacPherson 2000). The adversarial attitude prevalent on many projects undermines the cooperation environment necessary for a successful project and goes against the very nature of the collaborative nature of the construction process (Harmon 2001). Efforts to reduce either the number or magnitude of these conflicts have not been successful (ASCE Technical Committee 1991). The current adversarial environment fosters distrust and a breakdown of the cohesive bonds of the society. A society as diverse and complex as the construction industry is fraught with both constructive conflict. It is the destructive conflict that is of concern. Destructive conflicts develop as a result of limited resources, e.g. , not enough time, money, labor, materials, and/or equipment. Randall Collins (Ritzer 2000) argues that the groups controlling resources will attempt to exploit those with limited resources. In construction, the entity with the most resources and control over finances and time is the owner. Therefore, the entity that controls the most resources can coerce the “weaker” party to perform in the manner in which it desires. This is prevalent in construction and is manifested by the owner’s action and the contract which the contractor must sign prior to commencing work. Because of the oppressiveness of some contracts (e.g. ,New York City construction contracts that seek to shift all risk to the party who has the least control over these risk, namely, the contractor) and the coercive power owners use to attempt to dominate the contractor is understandable. Each views the other with suspicion and distrust. It is hypothesized that this intervention process would seek to reduce or eliminate that initial distrust and suspicion. Though the contractor and owner are interdependent upon one another, since the objective of having a project successfully constructed is a mutual objective, the owner¬-who controls the most resources-has the power and can effectuate change to increase the satisfaction of both parties.
Construction Process Construction is a collaborative teamwork process with successful projects dependent upon “a strong weave of owner, architect, engineer, contractor, and supplier” (Lightening Up Litigiousness 1999) into a collaborative team, a working society. When individuals within that society do not work together toward a common go