BuildLaw Issue 34 December 2018 | Page 27

tempting, doing so may increase risk of uncertainty and miscommunication as to the developer’s requirements. Innovative ideas which are unfamiliar to one or more parties, developing language to describe novel systems and concepts, and unrealistic expectations as to what a new technology can deliver can all lead to unexpected outcomes, costs and disputes.
To avoid or mitigate this increased risk of miscommunication, it is (even more) important that any project is well developed and documented before construction commences. Specifically, owners and developers should ensure that project documents are clearly drafted and include:
- A defined and comprehensive construction programme along with an agreed allocation of responsibility for any delay suffered;
- Accurate rates and/or cost estimates with appropriate contingencies;
- A clear project scope or brief – with sufficient detail about unique project features to avoid disagreement as to exactly what is to be delivered and minimise contested variations;
- A detailed description of performance and quality expectations;
- Allocation of responsibilities between Owner (as Employer), Contractor and Operator for the procurement of materials, labour and FF&E; and
- Effective and agreed processes for project management and co-ordination – including clear responsibility allocations, communication protocols and reporting obligations.
Unexpected costs and delays are a regular element on large construction projects - even when the project is properly documented. However, careful planning, thoughtful drafting and expert advice at an early stage is critical to ensure that these risks are mitigated. Where new, sometimes untested, technologies are to be incorporated into a project, the risks are