Representing an Owner

By Dennis Bayless

What is an Owner’s Representative? What is a Clerk of the Works? What is an agency Construction Manager? What is an agency Program Manager? In theory they are all titles for a person or company providing construction management services representing the project owner’s interest. The specific functions relating to these various titles may vary according to the services desired by the owner. The bottom line is that they are all titles for a person or company who oversees and manages the construction process with only one objective and one loyalty. The Owner’s Representative exclusively represents the owner’s interest in successfully achieving the owner’s construction goals. Period.

The term “Clerk of the Works” has been much misunderstood and is a term that is no longer readily applicable to the full-time on-site supervisory functions and/or construction coordination activities necessary to represent an owner on a construction project. The functions and responsibilities of a Clerk of the Works are the attributes of a construction manager performing as the Owner’s Representative during the construction phase of the project. An agency Program Manager is usually brought on board to assist the owner in programming the project from inception, through planning, design, construction, to close out. An agency Construction Manager can also perform as a full service Program Manager or at the start of the construction phase of the project. All of these terms are based on how much assistance the owner needs or desires during the construction project process. Specific services are agreed upon between the owner and the Owner’s Representative.

The relationship of the Owner’s Representative to the construction project is unique and is the only project relationship exclusively representing the owner’s best interest. This position requires a person with particular qualifications. An Owner’s Representative must provide highly competent and continuous involvement with the project and act as the experienced “eyes” of the owner. An Owner’s Representative is the owner’s professional player on the project team of professionals including the contractor, architect, engineer, and other consultants. A cooperative relationship with the project team must be maintained for smooth progression of work; however, the Owner’s Representative must clearly represent the owner’s concern. The Owner’s Representative must speak the language of all players on the team and also be able to report to the owner in the language wholly understandable to the owner.

Experience as an Owner’s Representative is the best qualifier for an Owner’s Representative. A thorough knowledge of construction techniques, procedures, plans and specifications, building materials, and standards of work are essential. Experience, especially experience with the owner’s particular type of project, enables the Owner’s Representative to identify possible trouble spots, foresee and avert delays, and make recommendations to the owner on any issues that arise during construction. If experience equals lessons learned, the more past lessons learned by the Owner’s Representative the better the Owner’s Representative will be able to navigate the maze of construction progression to a successful outcome.

Generally, the contractor is primarily interested in the most economical and expeditious means of completing the work while the Owner’s Representative is concerned with compliance to the contract documents. An Owner’s Representative, while not responsible for the progress of the work, should do everything within their power to correlate and expedite the work. The end goal is to commission the building, resolve the punch list, and close out the project as expeditiously as possible. Because the constructability of the design and the actual construction are undertaken by different entities (architect and contractor) there is a likelihood of potential disputes to be mitigated and costly and/or time consuming changes that need to be evaluated in a timely manner. The Owner’s Representative should try to avert difficulties rather than just report errors after they are made.

A great deal of an Owner’s Representative’s responsibility is to keep accurate records and report to the owner. The importance of these records and reports cannot be overemphasized. At the project’s end, the Owner’s Representative will present the owner with an organized, complete, legal record archive of all documents associated with the construction procedure for the project.

This brief article is not meant to be a complete job description for an Owner’s Representative or the services that an Owner’s Representative may provide. A distinctly experienced Owner’s Representative, can have significant impact on the success of an owner’s construction project; impact in time, dollars, and headaches.