The Journal of Professional CM/PM Practice
TABLE OF CONTENTS Board Chair Tim Murchison, JD, CCM
President and Chief Executive Officer Andrea S. Rutledge, CAE
BY: B R E T T B R E N I Z E , P E , G A N N E T T F L E M I N G
Editor Colleen R. Fishter CMAA Advisor, published quarterly by CMAA, reports on and follows the industry as a service to its members. Submission of articles, ideas and suggestions is appreciated and encouraged.
In 2016, Gannett Fleming’s Construction Services team launched the apprenticeship program as a direct response to the construction industry’s labor shortage. The idea was to bring in motivated and energetic employees who fit the corporate culture but did not have construction-oriented technical skills… yet.
The Mission of CMAA is to promote the profession of construction management and the use of qualified construction managers on projects and programs. The Vision of CMAA is that all owners will realize project and program success by using professionally qualified construction managers.
Apprenticeship Program Helps Firm Address Labor Shortage
The Importance of Exposure for CMITs on the Path to Becoming CCMs BY: JA RV I S A . A L R I D G E , C M I T, H I L L I N T E R N AT I O N A L , I N C .
To the next generation of Construction Managers-in-Training (CMIT), choosing the right professional showcase can become an overwhelming task. If you find yourself in a period of career transition or searching for the ideal path forward, you are not alone.
Consolidated and Cutting Edge, UMASS-Dartmouth’s School of Marine Science and Technology is Renovated in Team-Based Approach BY: J O S E P H N AU G H TO N A N D R I C K A N D E R S O N , B O T H O F H I L L I N T E R N AT I O N A L , I N C .
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Using a team-based approach in the facilities upgrade at The University of Massachusetts-Dartmouth School of Marine Science and Technology proved valuable regarding change orders, which were reviewed by the entire team weekly, and with the design team and CM, who partnered to develop cost and time-effective solutions.
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Legal Corner: Managing Risk in Construction Management BY: K R I ST I N E A . K U B E S, J D, K U B E S L AW O F F I C E
Risk management is synonymous with construction management. Managing those risks requires the construction manager to pay close attention to several factors.
CMAA News Plenary Speakers Scheduled for National Conference Member Communication Experience (MCX) Coming on Board This Summer
ON THE COVER The Journal of Professional CM/PM Practice
Runway 4R-22L Rehabilitation and Light Pier Replacement, Boston, Mass. 2018 Project Achievement Award Winner Transportation Project: Construction Value Less Than $50 Million CM: Stantec | Owner: Massport
FROM THE CHAIR
Your CMAA Membership is Valuable For CMAA to be successful, we must have successful members. But we all know that success, or value for that matter, doesn’t just happen without effort. So why have 16,000 professionals in the construction and project management industry chosen to become part of CMAA? I believe it’s thanks to the value our association provides them.
Now, CMAA is ready to take the Advisor, and its overall communications, to the next level. This summer, CMAA will implement a new behindthe-scenes communications upgrade, which will help streamline digital information flow to members. All we have to do is update our member profiles using our logins to the CMAA website. Please join me in doing so. But the Advisor is not the only member value from which we benefit. The education programs are second to none, with in-person training in the form of Professional CM courses, Train the Trainer, and more. There’s a full offering of online learning, including live webinars, on demand information, and the Leadership Library. CMAA has built a network of regional chapters, offering access to localized networking, education programs, and event opportunities. CMAA also offers two conferences each year to give members added value. Conferences offer up-to-date educational programs presented by professionals in our industry, and unsurpassed opportunities to network with senior leaders in top companies, project owners, attorneys, and others. There is also the chance to learn about upcoming projects and future industry developments from experienced colleagues holding a high level of technical expertise. This type of educational wealth is intended to be shared and will help all of us grow in the field of construction management. In case you didn’t know, the CMAA 2019 National Conference & Trade Show is set for September 22-24 in Orlando, Fla. I hope to see you there! Membership in anything is about belonging, either individually or collectively, to a larger group. When you feel you belong, you automatically value that membership and consider it to be important and worthwhile. There are many valuable opportunities built into CMAA membership. Please join me in getting more involved with membership in CMAA, so we can all pursue excellence in our industry together.
TIM MURCHISON, JD, CCM Tim Murchison is office manager for MOCA Systems, providing construction management to clients in northern California. A senior manager for leading construction management and general contractors for 38 years, his expertise is in Alternative Project Delivery. Mr. Murchison earned his Bachelor of Science degree in Civil Engineering from Santa Clara University, and Juris Doctor from McGeorge School of Law. A CCM, he is a board member for the University of California, Davis, Construction Management Extension Program. He is the past president of the CMAA Northern California Chapter.
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One of those tangible value-added items has been the printed journal known as the Advisor, CMAA’s quarterly update on the construction management industry for many years. The Advisor has covered all segments of construction management, including best practices, education, safety, legislation, legal, technology, sustainability, case study projects, and more. Members have enjoyed reading the Advisor, and many have contributed to its pages.
Apprenticeship Program Helps Firm Address Labor Shortage By: Brett Brenize, PE Gannett Fleming The shortage of skilled labor in the construction management industry is no secret. We have been reading about it and feeling its effect on our day-to-day work for some time now. Infrastructure projects are flourishing all around us – new public transit systems, new toll roads, rehabilitation of existing bridges, and water and wastewater system upgrades – yet owners and construction management firms often do not have adequate bench strength to staff these projects. According to the Bureau of Labor Statistics, “Employment of construction managers is projected to grow 11 percent from 2016 to 2026, faster than the average for all occupations.” And the U.S. Chamber of Commerce reports that the workforce shortage causes major challenges for our industry, concluding that this issue results in missed deadlines, increased costs, and even the loss of new projects.
technical skills… yet. It is a model that can be adapted to firms of any size to help address the workforce shortage. Apprentices start as full-time employees with benefits and undergo a series of comprehensive training programs tailored to their projects, including state or federally mandated training. They also work toward the Construction Managerin-Training (CMIT) certification from the Construction Management Association of America (CMAA). Safety training and construction site awareness instruction are a critical and paramount part of the apprentice curriculum.
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The problem can seem insurmountable – how can any one of us solve the industry-wide issues of a skills gap and a labor shortage? To start, at Gannett Fleming our Construction Services Business Line collaborates with our talent acquisition team In 2016, Gannett Fleming’s Construction Services to optimize recruiting efforts and we work team launched the apprenticeship program as a direct diligently to maintain a corporate culture that focuses on employees. response to the construction industry’s labor shortage.
But there are entire segments of the population we are not reaching through these efforts. That is why, nearly three years ago, we added an apprenticeship program to our recruitment toolbox, and we have welcomed more than 25 new employees into the program and the construction industry. In 2016, Gannett Fleming’s Construction Services team launched the apprenticeship program as a direct response to the construction industry’s labor shortage. The idea was to bring in motivated and energetic employees who fit our corporate culture but did not have construction-oriented
Recruiting motivated apprentices and providing appropriate training are just two ingredients in the recipe for success. The other is an experienced mentor. Our leadership team takes a great deal of time to select the right mentor for each apprentice. Mentors are expected to provide onthe-job training and advice, of course, but they also build a trusting relationship so that the mentee can remain supported throughout their career. The philosophy of the apprentice program is that the apprentice and mentor form a long-lasting professional bond.
Reaching new candidates requires thinking outside of the box and a commitment to staff development, so we embrace these challenges and work to a solution.
At some point within the first year, the mentor relationship organically evolves, training becomes less intensive, and the apprentice transitions to new inspector. Our firm’s typical goalsetting process compliments this phase well. As the apprentice advances into their new role as an inspector, they work with their mentor to set strategic, measurable goals and conduct interim check-ins regarding their objectives. Another lesson we have learned is the importance of showing a clear career path so that these men and women know there is opportunity for growth ahead of them.
Apprentices start as inspectors or field office construction administrators, then move into the role of document control manager, senior inspector, or assistant construction manager. Then, depending on their interest, they could become a construction manager, project controls manager, or a construction-oriented project manager. Gannett Fleming also has a tuition reimbursement program, and some may pursue an engineering or construction management degree. We diversify their experiences so that staff can move onto other projects as client needs change. So, where do we find applicants for our apprentice program? Many are veterans entering the job market straight out of the military, some come directly from high school or trade school, and others are recruited from job fairs in areas with higher than average unemployment rates. Now three years into the program, we have hired more than 25 apprentices in five states and we are working toward expanding the program into new geographies. Carmen Figueroa, ENV SP, construction management technician, transportation inspector, and the first apprentice in the program, explained it this way, “My career transition from waitress and U.S. Navy veteran to office engineer is a product of the apprenticeship program at Gannett Fleming.
My mentors were able to identify my strengths and cultivate an atmosphere of concurrent growth within the industry. I continue to learn from them daily and owe them a great deal of gratitude for my successes.” Many of our clients have training programs that allow companies to place new trainee inspectors on certain projects. Our clients’ trainee programs formed the initial concept behind Gannett Fleming’s apprentice program. Public and private clients are complimentary of the program because it helps fill the current resource gap by hiring local talent to serve their needs. We recognize that our inspectors and other field staff are the face of Gannett Fleming to our clients. Providing opportunities for people to have a fulfilling career while also partnering with our clients is a true winwin scenario. “As a resident engineer for the North Carolina Department of Transportation (NCDOT) responsible for managing construction projects, I see great value in a mentor/protégé relationship for inspection staff,” said Aaron Bullard, PE, NCDOT resident engineer, Division 2, District 3 – Construction. “Many of our older, experienced inspectors have a wealth of knowledge that they can pass on to the newer staff with hopes that down the road they can then take someone under their wing and keep the cycle going. It not only benefits the employees in their own personal growth, it helps ensure that the industry retains the knowledge base and skillset needed going forward.” The program is not without its speed bumps. For example, we have faced the challenge of helping apprentices from urban areas get to a job site outside of their city when they have never owned or needed a car. Reaching new candidates requires thinking outside of the box and a commitment to staff development, so we embrace these challenges and work to a solution. As construction professionals, we strive to make a difference in the communities we serve. We do that with every transit station rehab, new bus maintenance facility design, smart infrastructure installation, or bridge and road repair. We can also improve our communities – and help to address our labor shortage – by giving long-term job opportunities to as many viable candidates as possible. Simply put, apprenticeship programs are an important part of the labor shortage solution.
Brett Brenize, PE, is vice president and MidAtlantic construction management leader at Gannett Fleming. He can be reached at email@example.com.
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Photo Credit: Gannett Fleming
The Importance of Exposure for CMITs on the Path to Becoming CCMs
By: Jarvis A. Alridge, CMIT Hill International, Inc. An individual’s professional journey is often held as a point of pride in his/her life. Success is celebrated. Failure can be soul crushing. But the knowledge gained on the journey is safeguarded and treasured every step of the way.
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Whether you are hourly labor, a skilled tradesman, midlevel manager, or part of a senior management team, the need to benchmark and showcase milestones along your journey is fundamentally required in our industry. To the next generation of Certified Construction Managers (CCM) starting out as Construction Managers-in-Training (CMIT), as well as other newcomers to the construction management industry, choosing the right professional showcase can become an overwhelming task in itself. If you find yourself in a period of career transition or searching for the ideal path forward, you are not alone. Many of us started in the industry in just the same way.
My professional journey has been an assorted ride through an amazing industry ripe with opportunity. My first internship took me halfway across the United States from Washington D.C. to the desert in Phoenix, Arizona. I was also fortunate to land additional positions in Leesville, Louisiana, and Quantico, Virginia. Throughout my early career, I took a few turns, made a few leaps, and wandered into a pitfall or two. Every step and stumble along the way has helped me become more intrinsically motivated in building my career in the industry. One thing I found to be intimidating at the beginning of my career were the letters that appeared behind a person’s
name – PE, CCM, PMP, etc. I wondered to myself, “At what point did they know which professional certifications to pursue? What value does the construction industry place on each one? Which one(s) would be most beneficial for me to pursue?” As my career progressed, I worked as an engineering technician, a field engineer, and as a quality assurance inspector. During my time as an inspector, I found that I had a natural talent for project coordination and contractor oversight. That was also the point at which I realized I had found an almost perfect career path. It only made sense that earning certifications related to that skillset was where I needed to turn my complete focus. Most of my senior colleagues were already CCMs. Then I began to notice a CCM requirement on new Requests for Proposals advertised by clients. I did my research and discovered that the Construction Management Association of America’s (CMAA) CMIT program was the perfect fit for me, based on my educational achievement and my professional experience and future goals. When I received the study materials for the Capstone Exam I quickly realized that I was already familiar with many of the concepts and terminology presented, having learned this critical information through my professional experience. However, I also couldn’t help but notice that some terms were quite foreign to me. So, I decided to pick the brains of colleagues and found they all had differing views, outlooks, and approaches to the principles in the Capstone material. They had all earned the same CCM credential through the same organization, yet they all approached the same situation in differing ways. This allowed me to gain the mindset that latching on to one approach might not be helpful in obtaining my certification, or in my career. I worked hard at learning the methodologies and tricks of the trade from my colleagues and applied it where appropriate to the various concepts within the Capstone course. Within two months, I was able to claim success! I passed
Soon after becoming a CMIT, I was prompted to choose an official mentor through CMAA’s CCM Directory. Although I thought CMAA had a great concept in allowing new CMITs
...exposure is your ally in this profession! Learn from as many different senior professionals as possible. Pay attention to differing styles, approaches, and methodologies. to choose a mentor in this way, I found that I preferred a CCM with whom I was familiar to fill this role. I also remembered from my Capstone experience that no one CCM had all the answers. I decided that, in addition to my official mentor, I would also build a cohort of informal mentors that included a scheduling wizard, a budget czar, a contracts guru, and a hands-on, milestone driven, phasing master. This mix of talent at my fingertips were always willing to share knowledge with me and foster my growth. This allowed me to build a level of confidence and comfort that wouldn’t be possible if I had only pulled from one source. As I continue on this journey, I find that immersing myself in a mix of responsibilities and teams has helped me to fully
grasp the concepts in the study materials for the CCM exam. My mentors have passed along an invaluable amount of information to me. The concepts that were foreign to me at the beginning, are now commonplace activities. I’ve learned that an environment that immerses a CMIT in all aspects of construction management is the best way to foster individual growth. That growth will inevitably create an invaluable professional, who is capable of adding value to any project team. When the opportunity to share my experience through this process presented itself, I knew the exact message I wanted to convey to fellow hardworking professionals on the same program path from CMIT to CCM. And that message is exposure is your ally in this profession! Learn from as many different senior professionals as possible. Pay attention to differing styles, approaches, and methodologies. Our industry is ever evolving, and each generation leaves its own unique impression on the world of construction. A healthy mix of experience, practicum, and application will make your path to becoming a CCM a wonderful chapter on your professional journey. I know it has been a fun ride for me!
Jarvis A. Alridge, CMIT, is with Hill International, Inc. He can be reached at firstname.lastname@example.org.
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the certification exam and secured another celebratory moment in my professional journey.
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UMASS-Dartmouthâ€™s School of Marine Science and Technology is Renovated in Team-Based Approach By: Joseph Naughton and Rick Anderson, both of Hill International, Inc.
expanded and upgraded its facilities. Located in New Bedford, Mass., UMD’s Marine Science campus, featuring the Department of Fisheries Oceanography and the Department of Estuarine and Ocean Sciences, is home to graduate degree programs in interdisciplinary basic-to-applied marine sciences and the development of related innovative technologies.
The original 32,500 square-foot SMAST facility, referred to as SMAST East, quickly outgrew its space. The university began leasing additional space off-site, which led to financial issues, as well as challenges resulting from separating the school’s programs and resources. The solution consolidated the two locations to create one cohesive campus. This project included renovating the existing SMAST East building and constructing the new 64,500 square-foot SMAST West building. Hill International (Hill) provided project management services to the University of Massachusetts Building Authority (UMBA) for this $55 million project. “This is a state-of-the-art research facility for all marine science,” said Rick Anderson, who served as Hill’s Project Manager. Hill’s services included managing the design, construction, commissioning, occupancy, and closeout for this project, which finished more than $3 million under budget. Continued on page 10
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The University of Massachusetts-Dartmouth (UMD) School of Marine Science and Technology (SMAST) is one of the premier oceanic research institutions in the United States, supporting the study of a myriad of oceanic life and environments. To enable this research, SMAST recently
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The major tasks conducted under Hill’s management included demolishing a building on an adjacent parcel, constructing the new 64,500 square-foot SMAST West building, renovating the existing SMAST East building, and site/ landscape and utility work required to combine the sites into a single integrated campus. Due to its prominent location directly on the ocean and at the end of a peninsula, the facility was designed to withstand the direct force of a hurricane. The facility’s glazing alone can withstand a 120 MPH impact of a solid mass, such as a 2 X 4. In addition, most of the critical utilities are located on the second level to withstand any seawater rise or flooding during a hurricane.
Working with the University, stakeholders, design team, ‘blame’ others for problems and the mantra became, ‘how construction manager, commissioning team, state and local do we as a team come up with the best solution for this authorities, and a host of consultants, Anderson developed issue right now.’” and led a unique approach to the project with all parties This team-based approach also proved valuable regarding encouraged to engage in the process from concept through change orders, which were reviewed by the entire team handover. Working with the UMBA, the construction weekly, and with the design team and management firm was added during CM, who partnered to develop cost design development, which enabled By housing the team in one and time-effective solutions to all the whole team to take advantage location, communication change order requests. of the construction manager’s (CM) experience in procurement, while sevwas direct and immediate “As the project progressed, it became eral of its constructability strategies all day, every day, apparent that this total team approach were incorporated into the design. was providing dividends,” said with issues known and Anderson. “The project began tracking From the outset of design developaddressed by the entire under budget, allowing the uncomment, this project was “over budget.” team collaboratively mitted funds to be reinvested into the The team collaborated on scope ‘deferred’ scope, as well as new scope adjustments to set the project back as they occurred. for the existing SMAST East building. on track. First, the team decided not The scheduling and phasing strategies to decrease the footprint of the facilwe developed worked in concert with ity, instead developing a series of design changes, re-incorporating ‘deferred scope,’ new options allowing the building to be constructed at its origiscope, and factoring in the academic calendar. In the end, nal footprint, while identifying and setting aside a series of all critical milestones were met and the building began “deferred” work that could be added back into the project operations on time at the beginning of the academic year.” if the budget allowed. Next, as the design progressed, the team focused on selecting and procuring major equipment The SMAST West building features cutting-edge wet/ and systems at the best possible value. dry research labs and researcher offices, computational research labs, flexible classroom space, a seawater research As construction commenced, the entire onsite team was facility, administration space, and the Division of Marine housed in one large trailer. This included the OPM, CM, Fisheries’ offices, licensing, and dive-gear program. SMAST designers, owner, funding agency, commissioning agent, West achieved LEED Silver certification. and other specialty consultants. This arrangement immediately eliminated the “us against them” mentality found on The centerpiece of the facility is a seawater research lab, many construction projects. In addition, the commissioning which pumps seawater 1,200 feet at 400 GPM from the agent’s early addition provided a significant head start in ocean through massive drum filters and treats the seawater the process as commissioning activities began immediately before entering multiple heat exchangers that feed more as each subcontractor joined the project. than 18 tanks ranging from 10 feet in diameter to over 20 feet in the lab. The treatment of the seawater includes By housing the team in one location, communication was temperature control, drum and fluidized bed filtering, UV direct and immediate all day, every day, with issues known sterilizers, protein fractionators, degassing systems, energy and addressed by the entire team collaboratively as they recovery, and recirculating systems. occurred. Said Anderson, “This eliminated the tendency to
“This facility is impressive,” Anderson said. “Along with a state-ofthe-art seawater lab, there is a super computer and computation labs. The professor in charge of the operation models weather, tracks ocean currents, and assists the Coast Guard. For example, the Coast Guard can give them a location and time of where something went missing in the ocean, and the researchers model where that item might be 10 hours later based on the weather and the ocean currents. This work is particularly critical during times of hurricanes and other large-scale weather events.” Continued on page 15
This team-based approach also proved valuable regarding change orders, which were reviewed by the entire team weekly, and with the design team and CM, who partnered to develop cost and time-effective solutions to all change order requests.
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The system is maintained by sophisticated controls that sustain all variables within tight tolerances supported by a 750 KW standby generator. This system enables researchers to replicate ocean conditions whether inland waterways or 300 feet deep off the Grand Banks. The system is 100% redundant, ensuring fish and other aquatic animals in the tanks can be sustained during any power outage or in the event of a failure of equipment. The lab is outfitted with dimmable lighting control to simulate daylight and nighttime conditions if required. Radiant heating coils in the floor allow tight atmospheric control to maintain consistent atmospheric temperature within the lab. In addition, the lab is equipped to support networked monitors, sensors, and other computer recoding equipment.
Managing Risk in Construction Management By Kristine A. Kubes, JD, Kubes Law Office
Risk management is synonymous with construction management. While there are many, many sources of risk in construction and design, we can group them into categories that are helpful for developing ways to prepare for and respond to those risks. If we boil it down, risk may present itself through people involved in the project, through words – both written and spoken, through project records (or the lack thereof), through ethics, through contracts, and through the form of disputes themselves. Consequently, managing those risks requires the construction manager (CM) to pay close attention to the following factors.
TENDING RELATIONSHIPS Despite the technology that drives the industry today, both construction and design are composed of people. In fact, people are still the most critical asset on a team, on a jobsite, in a company. But people are also the greatest sources of risk. Do they have the required skills? Are they on their game today to perform at 100%? Do they accurately understand their scope of work? Are they communicating accurately the situation in the field?
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The CM does well to seek to understand the parties involved in the project – whether that is oneself, one’s client, or one’s colleague. What skills are needed for what roles? Is the best person/company in place to execute the work for success? Does the CM understand the owner’s priorities, timelines, and concerns? Risk rests in mismatched expectations, so the better the CM can understand the parties’ goals, the better suited the CM is to manage those risks.
The CM’s role as coordinator is, essentially, tending relationships to streamline project performance. Whether coordinating trades, coordinating schedules, or sequencing work, the CM is tending these relationships and working with people. Which brings us back to the first point – the better a CM understands oneself and the people on the team, the better the CM can coordinate work and manage risk.
COMMUNICATIONS As a key communicator on the project, the CM does well to understand that one style of communication does not fit all. People learn differently and hear differently, not to mention communicate and resolve conflict differently. Consequently, the prudent CM will understand his/her own communication style first and then seek to understand that of his/her audience in order to be most effective and minimize risk. Because construction projects embody innumerable decisions by various parties, a strong written record is critical. The prudent CM stays on top of project developments by addressing issues promptly, documenting changes accurately, and following up verbal conferences in writing. In contemporary business, parties may use email as a written communication tool. Although email’s great benefit is the immediate transmission of information, email’s great risk is that it can never be erased and will always become evidence. Knowing that, the prudent CM maintains a professional tone at all times and observes a 24-hour cooling off period if at risk of responding in anger.
RECORDKEEPING Project records are the best source of facts related to project planning and performance. Records are critical to recreate a timeline, if necessary, of what occurred on site, whose decisions drove events, what changes occurred and when. The written record trumps verbal accounts that are susceptible to “he said/she said” controversies. The prudent CM appreciates these facts and takes the steps necessary to gather proper records and then keep them safe. Preservation of project data is more challenging today due to the number of data custodians – people on the site with electronic communication devices containing projectspecific data. All of that data may be critical evidence – the challenge is managing and preserving it. The CM as record keeper is aware of these challenges, takes steps to manage these records, and has a system for archiving the data that will make it accessible when needed. The period for data retention may be dictated by applicable law, contract, insurance, or government regulation.
Contracts and ethics are risk management tools, as they both set out the expectations and boundaries for conduct. Conversely, the absence of either a contract or a person’s ethical code can become a major source of risk. In practice, risk often arises from the poorly-drafted contract rather than the utter lack of one. To say that construction contracts are often lengthy is an understatement. Critical conditions to the contract may be buried amidst hundreds of pages of documents, requiring each level of contractor to conduct a thorough review and fully-understand its obligations and required scope. But what happens when items are added after the fact and imposed on lower-tier contractors? Or what if a party attempted to offload an obligation on a lower-tier contractor by burying the critical term in the contract? Ethical dilemmas can arise from myriad sources – too many to list here. The critical element for ethical practice is the team’s awareness and understanding of its ethical obligations. Because company culture starts from the top down, it is helpful to have an ethical leader who sets the tone and expectation for ethical practice and serves as a resource when questions arise. Contracting practices and contract terms can often have ethical implications. The prudent CM understands that taking the ethical road is the best recommendation, but it may not always be the easiest road to take. For that reason, the CM should utilize legal counsel for contract drafting and review, and to evaluate a course of action on ethical issues that are bound to arise in contract performance.
DISPUTE RESOLUTION Ironically, the dispute resolution process often raises significant risks itself. Depending on contract requirements, parties may litigate a dispute in state or federal court, as a matter of public record, or arbitrate a dispute privately. Litigation is governed by a judge, applicable laws, and the rules of civil procedure. The judge may or may not have any construction law experience. Litigation has a set method for appealing a decision. By contrast, arbitration is governed by a third-party neutral whom the parties select. The arbitrator may have substantive knowledge in construction, which could be helpful in understanding the facts and rendering a decision. The parties may determine in advance the form of decision they want, the timeline for the decision, and whether they have the right to an appeal.
In some cases, arbitration may take less time to try a case than in litigation, but the difficult truth is that, today, arbitration can be just as costly as litigation in certain circumstances. Consequently, the parties’ strategies for negotiating differences and working out issues during the project can have a direct impact on whether the parties end up facing substantial financial risk in litigation/arbitration.
Kristine Kubes and Tom Rosenberg, respectively Chair-Elect and Chair of the American Bar Association Forum on Construction Law, presented a program on risk management during CMAA Focus19 in Boston, Mass., which is summarized in the accompanying article. The Forum on Construction Law is the largest organization of construction lawyers in the world, and the leader in legal education in the construction law arena. CMAA and the Forum on Construction Law have forged a new collaborative relationship whereby Forum programs will apply for CMAA credit, and CMAA members may benefit from Forum rates for programs and publications.
Kristine A. Kubes, email@example.com, is a MN construction attorney and principal of the Kubes Law Office, PLLC, Serving Design and Construction Professionals. A frequent educator and advisor on ethical practice, licensing, and risk management for the design/construction markets, Kristine is currently the national incoming Chair of the American Bar Association Forum on Construction Law. This article does not constitute legal advice. Each case must be evaluated on its own facts.
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CONTRACTS AND ETHICS
CM A A NEWS PLENARY SPEAKERS SCHEDULED FOR NATIONAL CONFERENCE You won’t want to miss the CMAA 2019 National Conference & Trade Show September 22-24, 2019 at the Hilton Orlando Bonnet Creek, in Orlando, Fla., where we have three exciting plenary speakers scheduled.
MORGAN HOUSEL Today’s Economy: Lessons From the Past and What They Tell Us About Tomorrow. Morgan Housel is a partner at the Collaborative Fund, former columnist at The Wall Street Journal and analyst at The Motley Fool. He is a two-time winner of the Best in Business Award from the Society of American Business Editors and Writers and was selected by the Columbia Journalism Review for the Best Business Writing anthology.
DEBORAH SHAW Diversity and Inclusion in the Workplace Deborah Shaw is a global expert in Women’s Leadership, Diversity, & Performance. Before establishing the Rosado Shaw Group, LLC. in 2004, Shaw started, grew, and sold a multimillion-dollar international merchandising company with customers, which included Costco, Federated, Publix, Walmart, and The Walt Disney Company. Most recently, she was PepsiCo’s SVP, chief global diversity & engagement, serving 260,000 associates in 200 countries and territories.
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Why Can’t Everybody Just Get Along?!
Christine Cashen has for 20 years shared her expertise on conflict resolution, stress management, and cultivating a happier more productive workplace. She is the author of the award-winning books THE GOOD STUFF: Quips & Tips on Life, Love, Work, and Happiness and It’s YOUR Business: Good Stuff for Your Personal, Professional, and Funny Business. Audiences have related so much to her experiences, struggles, and lessons that listeners have wanted to take her back with them to the office.
REGISTRATION IS NOW OPEN It’s also time to secure your booth at the trade show, or schedule sponsorships of the conference. Learn more about our speakers, exhibiting, and becoming a sponsor at the CMAA 2019 National Conference & Trade Show on our website at:
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CMAA is focused on launching a new communications platform, to be known as Member Communication Experience (MCX), later this summer. To do so, we need your help! Once the platform kicks off, you can ensure you will receive communications tailored to your needs and interests if you take a few minutes to update your member profile. We just need a few details about your interests, preferences, role, responsibilities, and demographics, in order to tailor messages to your liking. Please take three minutes today to login to your account through our website at www.cmaanet. org and get your member profile updated. Likewise, we will need content to share with our members. Do you have a great article you have written but haven’t published? Or a cautionary tale to tell? Maybe there’s new informative knowledge about materials or best practices you would like to share? Our communications team will be looking for content to publish through the new CMAA MCX platform. Send an email to firstname.lastname@example.org today with inquiries or materials.
Among the areas of focus for SMAST’s scientists include conducting research in biogeochemical cycling, coastal ecosystem dynamics and restoration, computational modeling, fisheries science and management, marine renewable energy, ocean observing/remote sensing, and ocean physics. There were several challenges overcome by the project team. “The complex nature and variety of the facilities’ needs were hurdles Hill addressed from the project’s outset by gathering the relevant stakeholders, understanding their needs, and maintaining constant communication,” Anderson said. “This project had to deliver a flexible facility, meaning that as the research goals change, the lab itself needs to be able to adjust and reconfigure to accommodate those needs. By working side-by-side with the end-users, from the beginning of the project and continuing to discuss options as the facility was built, we were able to achieve the university’s objectives.” Hill’s experience performing work on active campuses was another key component to success. “Conducting construction on this active campus required careful planning, staging, and communication with students, faculty, and staff,” said Anderson. “We reviewed lessons learned from our portfolio of higher education projects and determined the best management practices we could tailor to this project. The results proved effective as we achieved completion under budget and with minimal impacts to campus life.” Hill’s experience with federal, state, and local permitting were also crucial to success. “Our team included specialty expert seawater consultants due to the specific nature needed with the labs, and since we were on the ocean, we were required to obtain special permitting. We also needed to secure City of New Bedford permitting and approvals. Our experts allowed us to navigate these processes and prevent any delays.” With more than 40 years of experience in the construction industry, Anderson said this project’s intensely collaborative communication process extended well beyond just the client. The success of the project was not due to any one person but the collaborative efforts of all and a collective desire to build a state-of-the-art research facility.
Joseph Naughton, New England Projects, Hill International, Inc. is the main author of the article and can be reached at email@example.com. Rick Anderson, New England Projects, Hill International, Inc. contributed. He can be reached at firstname.lastname@example.org.
| Advisor Summer 2019
Member Communication Experience (MCX) Coming on Board This Summer
Consolidated and Cutting Edge, UMASS-Dartmouth’s School of Marine Science and Technology is Renovated in Team-Based Approach
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INSIDE: Apprenticeship Program Helps Firm Address Labor Shortage The Importance of Exposure for CMITs on the Path to Becoming CCMs UMASS-Dartmouthâ€™s School of Marine Science and Technology is Renovated in Team-Based Approach Legal Corner CMAA News
Visual Culture, Arts, and Media Project Haverford College Haverford, Pa. 2018 Project Achievement Award Winner Education Project: Construction Value Less Than $50 Million CM: Whiting-Turner Contracting Co. | Owner: Haverford College
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