Complex Problems with Separate Contracts System

by Richard P. Maher, Assoc. Prof. of Building Construction and Architecture; Texas A&M Univ., College Station, Tex.,

Serial Information: Journal of the Construction Division, 1979, Vol. 105, Issue 2, Pg. 129-137

Document Type: Journal Paper


Contracting systems used in the construction industry today are presenting new and complex problems and those engaged in the industry should be aware of them. The construction management concept used to produce construction today has adapted the separate contract system to implement its purpose. The concept, which itself is relatively new, is adapting an old system in different ways without, in the opinion of the writer, looking to the legal, technical, and management problems involved. It is using these systems in a number and at a rate at which the slower processes of law cannot keep pace with. Three major problems are presented here. They are not solved because the solutions wait on the law. The purpose of this paper is to hopefully serve as a signal or reminder to the industry and to bring to the industry's notice some of these problems in hope that its members will recognize them and act accordingly.

Subject Headings: Contracts | Construction industry | Legal affairs | Industries

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