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WHY OWNER'S ADVOCATE?
An Independent
Viewpoint
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This content
provided by Wolff & Samson PC Counselors at Law,
written by Jeffery M. Gussoff, real estate attorney.
- To bridge the knowledge gap, the owner
should hire a construction consultant. The consultant,
or Owner's Advocate, speaks the same language as the
architect, contactor or design-build firm, and other
construction professionals, but his loyalties are
with the building owners.
- One of the traditional roles of the
architect is to act as the bridge between the contractor
and the owner.
- The AIA documents make the architect
one part traffic cop, one part referee, one part team
leader and one part wise old scholar. In addition,
the architect acts as his own advocate in protecting
the design integrity, which may be contrary to the
owner's concern for cost or function, and the contractor's
desire for better or faster construction
- In some jobs, these traditional roles
create difficulties because the architect wears too
many hats. The situation is exacerbated in design-build
construction because both the project's designer and
builder are single source.
- For owners who are not versed in the
language and methods of a construction project, who
speaks for the owner?
- The consultant should be engaged early
in the project, so the owner can utilize the consultant's
services in selecting construction professional and
contractors and in reviewing plans and budget.
- Construction consultants have varied
qualifications...select one who has hands-on experience
in reviewing plans, budgets and the various stages
of construction on construction sites
with drywall
dust on his shoes, and with a good reputation.
- The construction consultant's role
is to aggressively represent the owner and to lend
practical expertise to the job. He is not concerned
with design integrity, and he wants the owner to receive
what exactly what the owner has contracted for from
the contractors.
- Working on behalf of the owner, the
consultant can identify and address potential construction
problems in the design stages and as and independent
party may be in the best position to suggest cost
saving or time saving alternatives and to evaluate
suggestion made by the other parties.
- Some owners find it difficult
to take antagonistic positions with members of the
construction team, whether the issue is design, construction
method, cost of change order or scheduling. Instead,
the construction consultant can wear the "black
hat" or play the "bad cop" role and
aggressively deal with the contractors and professionals
on the owner's behalf.
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