Comparative Analysis of Lean Construction with Design-Build Using a Framework of Contractual Forms of Agreement
Publication: Journal of Architectural Engineering
Volume 18, Issue 2
Abstract
The purpose of this comparative analysis is two-fold: (1) to promote thinking and generate dialogue regarding lean construction within the design and construction community; and (2) to provide this community, including students of lean construction, with a practical, contract language-based framework with which to compare the elements of widely understood design-build with lesser-known lean construction. This comparative analysis explains lean construction thinking through discrete, clause-by-clause comparison of a template integrated project delivery (IPD) agreement (which is a lean construction influenced agreement) with an industry-standard design-build agreement. Comparison identifies numerous contractual topics included in both agreements, labeled universalizing contract topics. Deeper analysis of these identified common topics reveals differing intent and contractual obligations for the parties thereby substantiating insight into the overarching goals for lean construction (LC) and design-build (DB). Next, this paper presents contractual provisions uniquely included in either the LC or DB agreement, labeled differentiating contract topics. Such contract language identifies unique attributes of lean construction and design-build. Additionally, the paper proposes that incorporation of lean construction-related differentiating contract topics in the LC agreement is purposeful to promote the lexicon, processes, and thinking necessary to progress lean construction within the design and construction community.
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Acknowledgments
Appreciation is extended to the Design-Build Institute of America (DBIA) and to the Lean Construction Institute (LCI) for making the sample forms of agreement available for the purposes of completing this comparative analysis.
Since this research began, at least two additional, integrated project delivery (lean-based) agreements have been developed by national organizations, namely the ConsensusDOCS 300: Tri-Party Collaborative Agreement and American Institute of Architects C191-2009: Standard Form Multi-Party Agreement for Integrated Project Delivery.
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© 2012. American Society of Civil Engineers.
History
Received: Dec 24, 2010
Accepted: Sep 1, 2011
Published online: Sep 3, 2011
Published in print: Jun 1, 2012
Published ahead of production: Jun 15, 2012
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