İnşaat Projelerinde Proje Ve İşveren Özelliklerinin Proje Teslim Sistemi-sözleşme Biçiminin Seçimine Olan Etkisinin Analizi

Abstract

Dünya çapında uygulama alam bulmuş, inşaat projelerinin gerçekleştirilmesinde kullanılan bir dizi proje teslim sistemi (iş yaptırma usulü) ve sözleşme (fîyatlandırma) biçimi vardır. Malsahipleri inşaat projelerinde belirli bir biçimlenmeyi sıkça ya hep kullandıkları için ya en kolayı olarak gözüktüğü için ya da tasarımcı veya yüklenici tarafından önerildiği için kullanabilmektedir. Oysa gerçekte bazı metotlar bazı malsahipleri ve projeler için diğerlerinden daha uygun, ve doğal olarak proje performansı da bu uygunluğun bir fonksiyonudur. Bu çalışmanın amacı ise, tek bir usul ve biçimin inşaat sektöründe karşılaşılan tüm problemlere reçete ve tip çözüm olamayacağını; tarafların projeden ve işverenden gelen özelliklere göre çıkarları doğrultusunda daha uygun örgütsel biçimlenmelere ve sözleşme düzenlemeye gidebileceğinin gösterilmesidir. Bu amaçla çalışmaya inşaat üretiminin bulunduğu sektörel ortam, inşaat ürünü, üretim süreci, bu süreçte ve sektörde yeralan katılımcılar hatırlatılarak başlanmaktadır. Çeşitli sözleşme biçimleri ve proje teslim sistemleri, tarihsel gelişim süreci, özellikleri, avantajları ve dezavantajları ile tanıtıldıktan sonra bu metotların seçiminde, projeye ve işverene ait özellikler ve etkileri kuramsal ve kavramsal bir çerçevede ortaya konmaktadır. Bunu takiben de Türk inşaat sektöründeki uygulama alanından, ön (pilot) anket vasıtasıyla tez kapsamında alman görüşler değerlendirilmektedir. Sonuçta; sözkonusu proje ve işveren özelliklerinin iş yaptırma usulü-sözleşme biçiminin seçiminde etkili olabileceğinin kuramsal ifadesine, pratik alanın da çoğunlukla katılma, doğrulama yönünde bir eğilim gösterdiği saptanmakta; kesin bir sonuca varmak için istatistiksel bir çalışma gerektiği hatırlatılırken, seçim sırasında bu özelliklerin değerlendirmeye alınması özellikle işverenlere önerilmektedir.

During the past years, the construction industry has been exposed to technological advances and the relationships between the industry participants has been more complex. By the way some innovative ways have been found to deliver the projects within the constraints of cost, time and quality, since using the resources reasonably has been considered important. Nevertheless, discussing about the best one of the project delivery systems has accompanied this found and change. As these systems and types has been known by their all features, every one has been used in different situations. This study was done by the vision of that there are appropriate project delivery systems-contract types fitting for the particular situations (projects). Therefore it was aimed to indicate that only one system can not be a recipe for all the problems of the projects in the construction industry, and that there were some Project Drivers and Client Drivers İn choosing appropriate project delivery system-contract (pricing) type. First of all, the construction industry and then the project delivery systems, contract pricing alternatives those are most common in the construction industry, are examined. After the examination of the project & client characteristics' effect on choosing a system for the construction project, a field survey is held for establishing the aptitudes and opinion of the Turkish industry professionals on this topic. SECTION 2 THE CONSTRUCTION INDUSTRY The construction industry has a big share in economics of mostly all countries, and so increasing performance and/or savings in this industry mean great earn for the countries. Therefore it is so important to evaluate and make known new ways for this earn. Choosing appropriate project delivery system-contract type is one of them. The construction industry and/or producing a construction differs from the manufacturing industry and service industry in some ways. However it looks like them in a few ways. Producing a construction is a service by forming a product. A construction product is rarely mass produced. It can not be stocked, can not be carried out and it is produced afterwards the demand, since large amount of money is a matter of course. And so, the client of the construction product is known often at the beginning of the production process. It is the client who determines the type, quantity and time limits etc. of the project, not the producer. Since the construction is produced in a manufacturing chain process, it is so great and complex process. This brings the integration and coordination of many authorities, experts. Producing a construction is a project. As a project, the construction involves a single, definable purpose, end product, usually specified in terms of cost, schedule and performance requirements. It is unique, a temporary activity and also it involves unfamiliarity. It is a process of working in which organizational lines are cut across. The activities in a construction project are held one after the other or on the top of other. These activities can be grouped in five stages named Enterprise-Feasibility, Design-Planning, Procurement-Construction, Start up-Tura over and Operation- Utilization. Forecasting and feedback are so common between the stages. In that production process, there are many industry participants who involve in the project directly or indirectly. These are the client, designer-architect/engineer, contractors, subcontractors, resource suppliers, finance providers, consultants, residents, marketing firms, operators, formal regulations and so many. Some of these participants enter into an agreement with the client and it becomes a matter of contracting types and project delivery systems by their differing authorities and responsibilities. SECTION 3 PROJECT DELIVERY SYSTEMS AND CONTRACT TYPES USED IN THE CONSTRUCTION INDUSTRY In the construction projects, these agreements and organization structures has been raised from special situations in the countries and then has been developed by testing so many times. In general, two of them named Design-Build and Construction Management has shown a distinguished evolvement all over the world. It was mostly the time constraint which brings the application of fast-track and making the Design- Build popular. The Construction Management was bora by searching the way of managing the great and complex projects reasonably and also by the clients' need of assistance. Another system Joint- Venture was developed from the need of sharing greater risks in the greater and more complex projects. Thus so many other project delivery systems come into place as an alternative to the traditional system. Today, there are so many project delivery systems-contract alternatives with a variety of names and titles that are used through out the world. In order to choose the appropriate one for a particular project, it is essential to know their features, advantages and disadvantages. Lots of these systems and types in the construction industry are categorized in many names, and also have many different sub forms. The most common ones within their pure forms are examined in order to recognize them. These contract types are: Lump sum: All the items in general, special and/or supplemental conditions are priced, and given a fixed sum of money. These contracts are generally used for bid work. The plans and specifications should be % 100 complete and ready for the construction. Therefore it is one of the contracts that takes more time in total project. XI Unit price: In this type of contract, the proposals give all the items involved and are listed as units with quantity. Each item with a unit price includes contractor's overhead and profit. The item quantity is then multiplied by unit price to arrive at total for each item. These are then added up to get to the total for the bid. This type of contract is used where quantities can be defined beforehand such as highways for public works. Lump sum with escalation: The basic intention is to eliminate unwarranted price increases to eover contingency in the contractor's bid. Escalation provisions typically call for adjustment based on published indexes of price changes for particular elements such as labor or certain materials. These protect contractors from potential cost x increases. Fixed price incentive: Such an arrangement is used to provide a profit incentive to the contractor to reduce costs of its performance. They do this by providing a profit sharing formula under which both the client and contractor share in any reduction in costs and, conversely, in any burden of increased costs. Cost plus incentive fee: This method is similar to a fixed price incentive fee scheme, except that the contractor is normally reimbursed for all his costs at a minimum. Cost plus fixed fee: This alternative allows the contractor to be reimbursed for all costs and to receive a fixed fee for its services. The fixed fee is determined prior to award of the contract and is not changed unless the scope of work is revised. Since it will be reimbursed for all costs, without limit, and its fee is guaranteed, the contractor has no immediate price or cost incentives. Cost plus percentage of costs: Under this arrangement, contractors are reimbursed for all costs and given a fee that is directly proportional to some or all of the costs involved in the work. Not only do contractors have no incentive to control costs, but they also are given a positive incentive to increase costs. Because of this lack of cost control, the client's effort during selection of the contractor and subsequent monitoring of costs and its cost control efforts should be substantial. The Project Delivery Systems as a matter of course, are those: General Contracting: With his approach the client contracts with an outside engineering and design firm which will design the facility and also contracts separately with a large construction contractor to build it. Most large general contractors will, in turn, subcontract portions of the construction work to subcontractors. The client is dealing with two distinct organizations under contract. Both organizations must interface with each other excessively in this arrangement. Multiple Primes: When there is no dominant or general contractor, and most of the outside organizations are performing under separate, direct contracts with the client, a multiple prime situation exists. Needless to say, this increases the client's participation one level greater than the previous approach. xu Design-Build: With this approach the client selects one firm to both design and construct the facility. It gives the design-build contractor a set of criteria it expects the completed project to meet. The majority of project responsibility lies with this firm who is responsible for planning, conducting and coordinating all tasks necessary to produce the finished facility, so it gives a chance to reduce the total project time by fast tracking. Force- Account: It is the classic "do it yourself' approach. The client designs and/or builds the entire project, using its own personnel and equipment exclusively. Joint- Venture: It İs formed by two or more firms. Each firm participating will take of quantities and estimate the cost of the work they will do with their own forces. Partners which are agreed to enter into a joint venture together have another contract with the client under which the work is done. The project is controlled by a committee of the venture partners. Construction Management: It unites a three-party team consisting of client, designer, and construction manager in a nonadversary relationship and it provides the client an opportunity to have consulting services in managing the project reasonably. Build-Operate-Transfer: One business entity performs the design, construction, construction and long term financing and temporary operation of the project. At the end of the operation period, which can be many years, operation of the project is transferred to the client. SECTION 4 EXAMINATION OF THE PROJECT DELIVERY SYSTEMS AND CONTRACT TYPES IN THE VISION OF THE PROJECT & CLIENT CHARACTERISTICS To eliminate the inappropriate ones in choosing a project delivery system-contract type, four types of characteristics or drivers, must be assessed. These include project drivers, client drivers, contractor drivers and market drivers. The project drivers to be assessed have been broken down as follows: 1. Place of the project: The formal regulations in the country or on the local place of the project and the physical environment constraints can cause a particular system to be used. 2.Class of the project: Some project types (building, infrastructure etc.) are used to be held by specific systems. 3. Complexity of the project: The technological and managerial complexity can bring its own organizational chart and contract. 4.Size of the project: Big projects are usually held by many participants and therefore by a complex organization. 5.Total project time: The schedule of the project can be conducted over normal, sequential or fast track, and therefore time constraints in the contract and relationships between the authorities can differ. xiu 6.Estimated total project cost: Projects that have forecasting of great costs need to be more efficiently controlled and the risks of cost overruns has to be determined precisely. 7.Uncetainity in the project: uncertainty about the construction product, physical environment, economics and technology cause financial, schedule risks to be shared or owned. 8.Resource limitation: In such a situation the resources and also the project need to be managed well in an appropriate organization. The Client Drivers are more intangible than the project drivers and depend on more judgement by the client. Those have been broken as follows: 1.Kind of the client: The public client and the private client has different needs and constraints, therefore they use generally different systems. 2.Type of the client: The individual client does not have an organization to conduct the project but the corporate client has. 3. Participation of the client: The client who wants to participate, conduct or control the project in detail, tend to have such systems that gives an opportunity for this demand. 4. Sophistication and experience of the client: If the client does not know the construction industry and/or projects well, he will need assistance of a consultant. 5. The client's capability and skills in management: Administrative decisions, monitoring and on site management require skills of the client if he intends to have these responsibilities. 6.The client's aim in the project: It can change the financial constraints, time schedule and therefore the organization and the contract. 7.Client's objectives: Client has some objectives and priorities in time, finance and quality. It is obvious that the systems and types which meet these objectives well, are the appropriate ones for the client. SECTION 5 A SURVEY This field survey has been held for establishing the aptitudes and opinion of Turkish industry professionals on the theme of choosing appropriate project delivery system- contract type by the project drivers and the client drivers. The questions about the criteria of these drivers has been asked and answers has been categorized to show the tendency. According to the results of the survey, size of the project has been considered as non-effective and other project drivers have been considered as effective on choose. The client's aim in the project has also been seemed as non effective. The participation of the client has taken no specific tendency. The other client drivers have been seemed as effective on choose. It is not to be forgotten that this survey has no statistical results and a detailed survey should be done for precious results