PROFILE : My journey through a project with complex contractual issues

Construction Professional Anderson Phiri reflects on a project that imparted crucial lessons in managing intricate project related contractual issues.

A building project for a new client made a significant impact in my career. As the Contractor's Representative, my responsibilities included serving as the primary liaison for contractual matters and managing project teams regarding progress, health and safety, quality, finance, and contractual compliance.

The project's challenges were compounded by my employer’s limited experience in building projects, unfamiliar quality and safety standards, and unfamiliarity with the General Conditions of Contract (JBCC). The project was also poorly tendered and priced, making it challenging to balance new client requirements, quality and safety standards, financial viability, and client satisfaction.

Constant trade-offs were necessary during project execution, influenced by the urgency of immediate situations. Delays were encountered due to internal company management culture and the project consultants' management. These delays resulted in penalties from the client, and the contractor had to decide whether to enforce contractual rights or negotiate with the consultants to avoid penalties.

The contractor chose to negotiate, which ultimately proved unsuccessful. The project highlighted the importance of having the right people in the right positions, fostering teamwork and communication, leveraging contractual rights, and understanding and mitigating internal company weaknesses.

My regrets from the project include executing top management's poor decisions and trusting the client's consultants too much. I overcame these regrets by having the right people on my side, strictly adhering to contractual requirements, and fostering strong teamwork and communication.

The project strengthened my ability to manage and handle multiple complicated and challenging dynamics simultaneously. The lessons learned have guided my approach to subsequent projects, ensuring a more successful and fulfilling experience.

Anderson Phiri holds a Higher National Diploma in Quantity Surveying and a Post Graduate Management Certificate. He has over 20 years of experience with 13 of those in Senior roles in construction companies in South Africa, Botswana, and Lesotho, working on various projects. He currently serves as the Lead Commercial/Project Manager, providing guidance on contractual matters and dispute resolution.

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