1/28/07

CONSCIOUS COOPERATION

According to figures shared by the National Association of the Remodeling Industry, roughly one third of all remodeling projects in the United States end up in some form of legal dispute. That is a stunning figure and a huge red flag.

There is so much strife and distrust in the world of construction. So-called “people skills” are often lacking or in short supply. It seems that not much attention is paid to communication and the power of positive intentions and commitment in this industry. Customers and construction professionals alike often approach projects with built-in distrust and tainted expectations. Both sides often feel they have to guard themselves against the other, and therefore many projects begin with at least one strike against mutual success before ground is broken or one nail is driven. What an awful thing to begin in this way.

Conflict does arise. The construction process, from design inception through to final completion, can be an emotional process filled with frequent pressures of different sorts. Even with the best of relationships during the construction process, it is hard not to have some kind of tension that strains the relationships and challenges mutually successful outcomes. Misunderstandings occur, surprises appear, budgets are taxed, and so on. Hopefully the people involved can work out their own disputes. This is ideal. Sometimes help is needed, though.

Alternative dispute resolution, mostly in the form of mediation, is a much more cooperative approach to settling disputes than the contentious use of the legal system. There is the chance for people to come together in a considerably more humane way than through the use of adversarial lawyers. In this process the parties involved are given the opportunity to be heard and to hear the other side. Then they play a large role in crafting their own agreement. Many disputes are settled in this fashion, and often times relationships are preserved or improved.

Yet, there is a deep layer to explore beneath alternative dispute resolution. What about stepping back before a project is even signed to consider all the interests in play? The customer wants a quality product for a fair price. The contractor, subcontractors and all people charged with carrying out a given project want to be paid fairly for quality work. Well, not all people will fall into these categories, but I choose to focus on people who do.

So let’s say that we are starting with essentially honorable people on both sides. Sure, many people seem to feel that honest builders are as plentiful as honest politicians, but the fact is there are plenty of honest people in the construction industry who do quality work, if not outstanding work. And there are plenty of less than fully honorable customers, too. But there are plenty of fine ones who are respectful and understanding and want to have a quality job done.

So we have two sets of essentially honest, well-meaning people. What could help these people to start off on a good, cooperative footing together and continue along in the same fashion? Planning and carrying out a construction project, whether new construction or remodeling, is far more than design and implementation.

In fact, I contend that the people skills component is at least as important as everything that goes into planning and carrying out a project. I learned this to be true in my own building/remodeling business. This evolving knowledge for me resulted in a business that became fed just about totally by direct referrals and repeat business. I am grateful this was and still is the case, and I am convinced that construction/design/development professionals, as well as customers, can benefit from focusing more attention on this under-noted area of the process. The benefits are extensive and often mutual.

Personalities do play a role, yet there are steps that can be taken to deepen the levels of trust and understanding among the people involved, which has to be a good thing. I will further explore the importance of the relationships involved and how they can be improved in upcoming blogs.

I am a builder/mediator/consultant with a lot of life experience behind this whole subject. I welcome your feedback.

Stuart Baker

www.consciouscooperation.com