Category: Management

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10 Practical Ideas To Lower Building Cost Without Cutting Corners

httpss://twitter.com/UjenziBora/status/820971727849160705

It is always better to keep the building project within your financial expectations without compromising its integrity. This article is not about building a “cheap building” but Management of Costs irrespective of the size or budget of the project.

The beauty of managing costs is that resources are not wasted and whatever is left can be used on other aspects of the building like landscaping or enhanced security.

1.0 “Manage the project within a Construction Process”

In building a house, there is a messy process and there is the right process of doing things. The easiest way to have cost-overruns is to be dis-orderly.
Management creates order in the building process. The right process helps one to:

Control the Risks.
Control the Design.
Control the Labour Costs.
Control the Overheads.

You will have an upper hand if you have the benefit of foresight, planning and management. You require a program of works and a Method Statement for the Project. This will save you time and money.  Don’t just build as if you are cooking “fufu”.

Have a plan and a process in place before starting the building project.

2.0 “Optimize your building site”

You need to plan the house with a clear view of site conditions. Don’t “copy paste” designs from one site to another even if the user needs are the same.
Simply, cut your coat according to your cloth:

i)If you don’t have much level ground, design a house with a small footprint (ground cover).

ii)If your site is sloped, consider doing a basement instead of spending money on cut and fill.

3.0 “Story buildings are relatively cheaper”

Suppose you have a 1500 square meter house all spread out on the ground and a three story house with each floor covering 500 square meter , which one gives you more value for money?

i) Roof Cover- In our example, for the same amount of floor area you spend less on roof covering.

ii)Foundation Costs – In our example, for the same amount of floor area you spend less of foundation costs and ground preparation.

iii)Savings on land are realized by building vertically.

Clearly, stacking saves one money when building. However, this option is limited by the zoning laws and regulations of the City Council or County/Municipal Council.

4.0 “Simplify the Design”

Leornado Da Vinci is quoted as saying, “simplicity is the ultimate form of sophistication.”

Yes! Take more time in the design stage of the construction.  Be realistic and practical when drafting the Design Brief. A more complex design will cost more.

A complex roof-line with excess ridges and valleys will add to the time and cost of construction.

Let form follow function. Think about the maintenance cost of every material forming the fabric of the house.

Remember, for every building fitting or material, there is an alternative maintenance free material.  Cheap is expensive, therefore Buy Quality to minimize cost-in-use.

To reduce on the building cost, you can avoid curved rooms, curved walling and overly sophisticated designs without compromising on the aesthetics.

5.0 “Consider Open Floor Plans”

You do not necessarily need a solid wall separating the kitchen, the dining and the lounge. You can partition using half a wall. You can also opt to have an open plan between the three spaces (Lounge, Dining and Kitchen). Do a comparative cost-analysis of various options including making the lounge sunken to “define it.”

6.0 “Minimize Administrative Costs”

Have an on-site project office, a clerk of works and a store keeper to handle records as to building materials. Record management will help in minimizing waste, theft and anticipating periods for re-ordering materials or labour.

7.0 “Manage the procurement Process”

A crafty contractor may maximize profits by under-quoting on labour but offloading his profit ambition on procurement of materials.
Where do you source the materials and fittings?
Is it done competitively?
What are the alternatives?
You can save much by pre-ordering fittings and fixtures.
Have you considered imports for bulk supplies?
Consider that you can obtain a superior fitting.In case of large capital investments, one can have considerable quantity discounts by buying in bulk from the source, eliminating middlemen.

8.0 “Look at the House As An Extension of Yourself”

The best way to do this is to outline your role and key functions.  Consider multi-use spaces and utilizing and creating space that would ordinarily not be in the normal houses. You will more enthusiastic about your house only if it reflects your aspirations. It is not ab-normal to have a house without a typical lounge or bedroom. Form follows function. Most people incur unnecessary costs building a house “like that of their neighbor.” For example, if you don’t like visitors, there is no point building a guest house if you are straining your budget! Let that money go into a spacious lounge or more elegant finishes.

9.0 “Do not Ignore Insurance”

The only way to mitigate certain risks is by Insurance of the works, workers and materials. Obtain a Contractor All Risk(CAR) Policy for the duration of works. Construction insurance provides safeguards for you as an employer against your construction workers being injured on site. Construction insurance does not exempt you from maintaining a safe workplace.

10.0 “Have a Contingency Plan”

This is money set aside for “unforeseen circumstances” which may eventually sink the building project if not taken care of. Also, have in place rules t spend the contingency fund. They include things like:

i) Inclement weather.

ii) Foundation issues

iii) Cost overruns from extended preliminaries, making changes, and encountering unforeseen design problems.

iv) Inflation and adverse Market conditions

SUMMARY:

How To Lower Building Cost

Contractual Claims and Dispute Resolution (Lessons from The NSSF vs. Mugoya Construction Co. Case)

Contractor vs. Owner

On March 22nd 2012 the Daily Nation carried an interesting case of Contractor Vs. Owner where the National Social Security Fund (NSSF) lost 830 million shillings. Kenyans never seem to learn from our past mistakes!

In one case, the fund paid Sh342 million to Ugandan businessman James Isabirye of Mugoya construction Company for a project in which the contractor was supposed to build 265 housing units on a plot owned by the fund in Karen.

The houses were never built. But the contractor put in claims on the grounds that he had done some basic work before the project was cancelled.

The material facts of this case are similar to a case about 7 Years ago where Dr. Richard Leakey terminated the Contract for Ongata Works. The company sued for irregular termination of the contract and was awarded Sh97,518,081.35 million by the court.

What are the Basic Building Blocks for such Cases?

Generally, the law seeks to compensate the contracting party who has suffered losses because of the other party’s breach of contract. The court does not seek to punish the party that has breached the contract.

Contractors are in business to make gains and obtain better experience. Therefore, common law does not view contract breach as an immoral act that justifies punishment although the courts may award punitive damages for certain types of egregious contract breach.

In such unique cases, the motive is to prevent a repeat of the conduct or to make an example to deter others from similar acts.

Doctrine of Restitution and Expectation:

In the two examples above where the Government lost millions of shillings, the court judgement sought two things:

1. Restitution : to restore the party to the position it occupied before performance begun. Restitution looks backward to the position the parties were in at the time they entered into the Contract

2. Expectation: to place the injured party in the position it would have reached had there been no breach. Expectation looks forward and seeks to determine what would have happened had the parties completed performance.

Weak Defense by Owners, Public Institutions or Employers

In 2011, NSSF defence in court had been that no payments were due because the contractor  proceeded to the site before he was asked to take possession of it.

In 2004, KWS had cited irregularities in procurement and poor job by Ongata Works. None of this defenses could prevent the courts which are guided by principle and justice to compensate the Contractors! So that Contract Law guards against weak parties against breaches by the owner and in order to promote society in engaging in economic exchanges, it was prudent for the courts to be decisive.

Key Illustrations to serve as Guiding Principles:

Claims by Contractors against owners can arise in many contexts. The principal claims are based on the following:-

1. Refusal of the owner to permit the contractor to commence performance after the contract has been awarded

2. Wrongfully terminating the contractor’s right to performance

3. Committing acts that justify the contractor in ceasing performance

4. Failing to pay the contractor for work performed under the contract

5. Committing acts that increase the contractor’s cost of performance

When the contractor has sued the owner, the ball is usually thrown back to the Owner and it bears the burden of showing that the cost of particular work was unreasonable.

What if the Project Never Commenced?

The contractor can assert Consequential Damages for being denied opportunity to commence performance. He may seek to be awarded damages quantifiable as lost profits on the contract.

Can Profits be futuristic? Absolutely Yes! The Judge can place the burden on the contractor to demonstrate or establish what the profits would be. On a balance of accurate probability and reasonableness, the same can be awarded.

Is it Unjust Enrichment?

The court often tries to balance its judgement on both Expectation and Restitution. In any case, the conduct of the Owner/Employer can trigger a contractor to purchase Equipment and Stores in preparation for undertaking the works.

The contractor can also incur other expenses like Performance Bonds, Insurance for the Works, Risk Policy and Sureties including taking heavy loans the terms of which the Banks may not adjust on the occasion of a breach of contract.

Owners and Employers must mean what they say especially when it comes to legal aspects of Construction.

A signed contract is as good as money in the Bank bearing the complexity of construction performance.

What Factors are Considered when determining Compensation?

The court may consider the unique facts of the case at hand, the 5 guiding principles stated above and several combinations of the following aspects

a) Damages occasioned by delays

b) Damages due to disruption, loss of productivity, inefficiency, acceleration and escalation

c) Idleness and underemployment of facilities, equipment, and labor

d) increased cost and scarcity of labor and materials

e) use of more expensive modes of operation (due to inadequate specifications)

f) stopgap work needed to prevent deterioration of work already begun

g) shutdown and restarting costs

h) maintenance

i) supervision

j) equipment and machinery rentals and cost of handling and moving

k) travel expenses

l) bond and insurance premiums

m) Interest

Exceptions:

Where the contractor’s claim of material breach by the owner is a tactic to allow the contractor to bail out of a losing contract that resulted from causes that are the responsibility of the Contractor.

Future Reading

1. Legal Aspects of Architecture, Engineering and the Construction Process, 7th Edition by Justin Sweet & Marc Schneier

2. The two Classic Cases above used as Examples.

Closing Remarks

In this post, we considered the case where the Contractor has an Upper Hand. (Contractor vs. Owner). We hope to compile material for situations where the Owner has the Upper Hand i.e ( Owner vs. Contractor)

– Qs. David Nahinga

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