bone would rather assist them to implement these very unwise tactics than see the owner shift to another consultant who will quickly accommodate their foolish requirements. Although it is blatantly obvious to everyone in the industry, no one seems to want to believe that if the contract has been concluded on the basis of draconian contractual provisions, minimum margins and generally an overriding anti-contractor approach, then what will happen is that the contactor will be on an attacking position from the outset. It will want to preserve its chiseled margin and it will want to ensure it does not lose money as a result of the unfair provisions. It will therefore adopt a claims mentality from the outset – probably preparing strategies for claims even before it establishes on site. Part B - some solutions
The first, and likely to be the most effective solution will be a change in mindset. Owners and their consultants will be likely to achieve the best results if they stand back from inappropriate procurement tactics and take a broader view of getting the right contractor for the appropriate job at a fair price and based on fair conditions. A mindset of saving a few dollars and imposing harsh conditions because they think that is how it should be done, will continue to not work. Ironically, many very experienced employers and very experienced consultants have no difficulty with this and adopt good approaches. The problem lies with a very large number of less experienced people coming into a busy