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Construction Management
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Foreign construction experts are very surprised at the way project participants in Germany deal with each other. In their opinion, our contract design is conducive to disputes. Keywords: delay, hindrance, defective performance, change in performance, disruption to performance, reduction, reminder, contractual penalty, threat of termination, suspension of payment, ... Construction management originally developed in the USA in response to widespread dissatisfaction among clients as a result of quality defects, cost and deadline overruns and protracted disputes that often end up in court. Construction management represents the development of services from project management, project control and HOAI planning services (service phases 5-8) through to general contractor services.
GBM Essen
Description
Construction management can ensure both efficient project delivery and high quality, subject to close and effective communication between all project stakeholders, but requires an initial investment in the coordination and management of the parties involved. In Germany, we have "translated" this system in conjunction with Anglo-American consultants and lawyers; it is very similar to the well-known approach in plant construction, where the awarding of small-scale packages enables flexible and effective project management. However, the basic prerequisite for all activities in this system is partnership between the contractual partners, whether clients, planners or contractors. This approach promotes cooperation, minimizes conflicts and leads to greater project satisfaction for all parties involved. The strengthening of partnerships and the clarity of objectives allow for agile and goal-oriented project development that focuses on both cost control and quality assurance. In addition, the partnership approach enables more flexible adaptation to changing conditions during the course of the project, which leads to more efficient use of resources and optimization of project output. The open exchange and transparent communication between the stakeholders reduces misunderstandings and creates a common basis for the success of the project.
Application
The successful implementation of construction management in Germany requires not only precise coordination with local conditions and regulations, but also careful and detailed contract drafting. The adaptation to German construction and contract law, which places complex requirements on construction projects, is central to this. Accordingly, a tailor-made contractual framework must be established that balances the interests of both the client and the service provider while addressing the specific risks of the project. Essential preconditions include the integration of clearly defined performance specifications, comprehensive quality standards and realistic schedules. Contracts must include precise mechanisms for service changes, cost control and risk management. This requires detailed drafting of conflict resolution clauses that allow disputes to be resolved quickly and effectively without jeopardizing the progress of the project. A particular challenge in drafting contracts for construction management projects is the need to be able to react flexibly to changes without losing sight of the project objectives. This requires the implementation of flexible contract structures that allow adjustments to be made during the course of the project without undermining the basic agreements. In addition, transparent communication and documentation is essential to avoid misunderstandings and ensure continuous coordination between all project participants.
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