Among the many dramatic changes in the landscape industry in the last two decades is the increasing complexity of roles in which the landscape architect is placed. As these roles become more defined, the construction administrator begins to emerge as a major player in the process from conceptual design through construction.

While the landscape design industry sees the contract administrator as a special person containing a wealth of experience, a firm but fair attitude and an overall understanding of the design intent to be able to make on-the-spot decisions in the field as a continuation of the design process, owners often see him as an additional, unnecessary expense. Stemming from the age old idea of landscape architecture as “gardening”, many owners and architects still do not understand the role and responsibilities of the landscape architect in site development. Those more educated in the expanding nature of the landscape industry see the landscape architect as a key figure during the construction process.

Why Contract Administration

The profession of landscape architecture identifies five reasons for participation as contract administrator for work completed by them. It goes without saying, that the reasons are similar to other design professions as well. Whether to maintain design control, complete legal responsibilities, monitor and control cost, continue the flow of design process or to facilitate marketing efforts, the landscape architect is best suited to “observe” and participate in the construction of their work.

Design Control:

Interpretation and clarification to the contract documents and adjustments due to changes in actual field conditions are consistent with the design if made by a representative of the design firm as contract administrator on the project. This assumes that the individual contract administrator has been involved in and has a complete knowledge of the design. If so, then the contract administrator can and should be available, at the owner’s expense, to review samples of finishes, product submittals and substitutions, and participate in final inspection prior to completion of the construction contract.

Legal Responsibilities:

Recent court cases have confirmed that even if the owner refuses to pay for additional construction site visits, and the landscape architect doesn’t provide them when necessary, the landscape architect is placed in the position of possibly not providing the “reasonable care’’ demanded by professional standards within the design community. Although the major purpose of performing contract administration services on a project is the assurance that a quality finished product is supplied to the owner by the contractor, there is always the factor of professional liability to contend with. More often than not, the landscape architect’s liability during the construction process is one of the few items that remains constant as interpreted by the courts. Less time spent on the job site by the contract administrator increases the likelihood that errors or misinterpretations of construction documents increase expotentially. At the same time, contract administrators should “observe”, not “inspect” the work in progress. The landscape architect as “designer of record” has the ethical duty to perform a level of observation of construction of their work consistent with the industry norm. The benefits of site visits far outweigh the disadvantages.

Cost Control:

When contracted for contract administration services, the landscape architect is the eyes and ears of the owner relative to reviewing work completed to date and its appropriate value. Prior to this, the contract administrator, through pre-qualification of bidders and active participation in the bidding process, assures the client of equitable and fair bidding. By providing clear and consistent interpretation of bid documents, the contract administrator can help facilitate quick and educated evaluation of bids received, and through their knowledge of the project can review the bid in detail with the contractor prior to contracting.

Process Flow:

Having been involved in the project for a given time-frame, sometimes years, the continued participation into the construction phase should be instinctive. Often the flow is uninterrupted and projects go directly into construction from final design. The completion of a piece of art after conception, by someone other than the artist, without participation is insane. By participation in the final phase, the system of “checks and balances” established during the design phase is continued with the contractor and local building inspector as additional players. Within this framework the landscape architect contract administrator “observes” the construction and provides quality control, the contractor “manages” construction costs and schedules and the building inspector “inspects” the site development for compliance with approved documents and minimum standards. Without any one player, a certain void is created in the process leaving the door open for conflicts and potential problems.

Marketing:

Bruce Hazzard is head of Contract Administration for Design Workshop, Inc., a fifty member landscape architecture firm with offices in Aspen, Denver and Phoenix. A registered Landscape Architect, he is an active member in the ASLA and CSI, and is currently teaching Landscape Technology as an Adjunct Professor at the University of Colorado – Denver.

Editors Note: Mr. Hazzard will be contributing a series of articles on legal responsibilities, estimating fees and selecting personnel for contract administration over the next few issues.