Interpretive Planning

One of the frequently asked questions I get is “if my client wants to change things that have already been approved, do I have to do that?” or the converse “if we request changes, isn’t the contractor liable for those changes?”

The answer, of course, is it depends on the situation. And more specifically, the wording in the contract. Generally speaking, I highly recommend putting a cover sheet on any submittal (if the contractor doesn’t take the initiative to do it, the client should). On the cover sheet is a simple grid. The grid has four columns:

Column 1 – Identify what product is being submitted (first draft, second draft, final draft, etc.)

Column 2 – Approved as is. If you like the submittal and are ready to move ahead to the next step, then date and initial this column with the initials of the person who has authority to approve submittals. The only person who should be putting his or her initials here is the one designated as the client project manager and who has legal authority to sign and approve things at any stage of the process. Once you sign this box, you’re saying the work is good, you plan to pay for it, and it’s okay to move forward. You cannot change your mind later without paying for additional services from the contractor.

Column 3 – Approved with changes as noted. If you generally like the submittal but there’s a few tweaks to make, you might date and initial this box. What this means is that the contractor should incorporate the review comments you provided in the next submittal, but it’s okay to move forward as long as those changes get taken into consideration. If the contractor doesn’t make the changes with the next submittal, then you would definitely want to use the Column 4 box next.

Column 4 – NOT approved. If you really don’t like the submittal, and believe it needs substantial changes before being accepted, sign this box. Send the work back and do not pay for it until it meets your standards and you can feel good about signing in Column 2 or 3.

If you sign in Column 2 or 3 and then a few submittals later, change your mind and decide you want to go a whole new direction, then your contractor would be on solid ground to require additional services money and a change order before proceeding. But if you sign in Column 4, your contractor needs to get the work right before going ahead or getting paid.

How many times can you reasonably ask for changes (Column 4)? If the contract doesn’t specify otherwise, then my rule of thumb has always been three. If a contractor can’t satisfy you with three attempts for the same submittal, there is a serious breakdown of communication going on and chances are good that no one is ever going to get satisfaction. It may be time to terminate the contract and salvage what’s left of the budget by working with someone new. Having said that, every attempt should be made to communicate clearly what needs to be changed before taking that drastic step. Writing clear review comments can be a big help toward that end.

Review comments that say “it just doesn’t feel right somehow,” or “I can’t put my finger on it, but I’d like something different here” do not help your contractor satisfy your request. Ambiguous statements make your contractor have to guess at what’s in your mind, so practice giving constructive comments that are specific and measurable. For example, “we need to cut the word count to below 150 on this panel,” or “I asked for a fine art illustration and you provided a cartoon approach – please provide what was originally asked for,” or “our objective is to get people to take action on a local conservation issue – the exhibit plan as it stands will not elicit that action. I need an exhibit that specifically provides a call to action and introduces people to opportunities to take that action. Let’s talk about options and ideas if you don’t have something in mind.”

Keep your contract handy – it should contain a clause(s) that will specify who is responsible for making changes and at what point that responsibility shifts to adding services and additional payment. Be clear with your paper trail on what’s been approved, what changes are needed, and what will be paid for and when. As long as everyone understands the ground rules going in, your contract should run smoothly.

“My contractor (architect, exhibit designer, interpretive planner, landscape architect) won’t let me . . . ”

I’ve heard this lament over and over again from disgruntled clients who are afraid of their contractors. It seems they feel bullied by the big, bad experts from out of town who make it clear that the site staff knows nothing. Sound familiar?

Here’s the part where contractors need to cover their ears . . . no wait, contractors need to hear this too. The client OWNS the contract. Hence the use of the word “owner” in most contract language.

There are both rights and responsibilities on each side of a contract and all parties need to respect those to achieve a harmonious and productive relationship. I’ve been both a contractor and a client and sometimes a weird combination of both on the same project (that’s for another blog entry at another time). I know the frustrations that go with being on either side of the fence.

What I’d like to suggest is that you take down the fence and learn how to work cooperatively rather than turning a contract into a competition, regardless of which side you’re on.

Clients need to feel empowered to ask for what they need and be treated respectfully by contractors. They also need to not be afraid to terminate a contract if they cannot get what they need. Every contract should have a termination clause for both parties’ protection. But clients also need to recognize that they hired the contractor for their specialized expertise and should listen to sound advice offered by the experts they’ve hired (“sound” being the qualifier here – don’t trust a contractor’s poor judgement).

Contractors need to recognize that clients own the contract and should expect and receive excellent service from their contractors at all times. Contractors should also recognize that no one will ever know the details of a site’s resources and management as well as the people who work there and should listen to legitimate staff concerns and knowledge of operations. Contractors must understand that some clients will have a lot of experience in managing a contract while others may not and must not take advantage of those who are new to the world of contract management.

Everyone has a role to play in a successful planning process. Occasionally, those roles overlap due to specific skill sets of the players. Ideally, everyone in the process will work towards their strengths and recognize their weaknesses so that the end result is something that spells success for everyone.

Lisa

In our profession, a plan that everyone dislikes for different reasons is a success. A plan everyone dislikes for the same reason is a failure. And a plan that everyone likes for the same reason is an act of God.      - Richard Carson, Pacific Northwest planner and writer.