
In the course of developing ornamental lakes and water feature projects, the issue often arises for the owner/developer of whether to directly hire an independent engineer/consultant to prepare design plans and specifications for subsequent bid by prospective contractors, or whether to include the design in the scope of services provided by the contractor - as part of a "design/build package". Initially, the design/build package option provided by the contactor may appear to be more attractive because of perceived savings, by avoidance of direct payment of a design fee to an independent consultant. However, it is actually in the best interests of an owner/developer to directly obtain engineered designs of water features from an independent engineer/consultant.
We have worked on several projects as the engineer in design/build packages, with contractors as our clients; and these working relationships have been satisfactory, from our standpoint. However, from the point of view of the owners, it is definitely in their best interests if we had been hired directly by them, for the following reasons:
An independent design, from which prospective contractors bid, ensures an "apples to apples" bid. The owner knows exactly what scope of work that a successful bidder must provide; as mandated by the construction plans and specifications. Thus, the owner does not lose control of the quality of the project which is to be constructed. He does lose control of quality if a contractor provides the design.
While most contractors are fully qualified and experienced to construct projects from design plans and specifications which have been prepared by an engineer, they do not have the required training as design engineers themselves to properly and fully address all of the important design issues. Many, if not most, projects designed by contractors result in disastrous consequences, due to a multitude of unforeseen variables, which were not adequately planned for.
Because of their lack of design and engineering training, as cited in point #2 above, many contractors hire engineering firms themselves to provide the designs in their design/build packages. The contractors then attach their profit to the design fee; thus actually raising the design costs to the owner. These costs may not be seen in the billing invoices to the owners, but they are charged for by the contractor nevertheless, incorporated within other chargeable items.
A designer who is hired by a contractor will tend to look more to the best interests of the contractor than that of the project owner. Thus, there definitely is a conflict of interest, with respect to the owner and project.
Materials and construction procedures, as mandated by plans and specifications from an independent engineer/consultant, are more likely to be of higher quality than that called out by a contractor.
Material and construction quality standards are more likely to be implemented if spelled out on the plans and in the specifications, and enforced by inspection during construction. This is all normal practice for independent engineering consultants. Such practice is definitely in the best interests of the owner/developer; while it is often contrary to the best interests of the design/build contractor.
Any warranty of the project or guarantee of its components are more likely to be in the owner's interest if spelled out by a consultant hired directly by the owner. They are more likely to be in the contractor's interest if spelled out by the contractor's agent.
Procedures for the enforcement of warranties and guarantees are generally included in the documents provided by an independent engineering consultant. Since these procedures place the general contractor on the defensive, such procedures are often not included in design/build packages, or they are written with a lower degree of enforcement.
Thus, owners lose control of the final product which will be installed when a contractor provides his own design. An independent engineer, hired directly by the owner, will look to the best interests of the owner, as there is no conflict of interest for the engineer between the owner and the contractor.
It will ultimately save an owner/developer money to hire an independent consultant directly, and the owner/developer will have a higher quality project. It is highly unusual to have contractor-provided design/build packages for landscaping, structural, mechanical, and electrical work, etc., for obvious reasons. The same should be true for ornamental water features as well.
Thus, one of the first steps which an owner/developer should make when considering an ornamental lake/water feature project is to contact a qualified, experienced lake/water feature engineer/consultant for an initial consultation, and for a subsequent design proposal once the pertinent issues are discussed.
Please feel free to call if you have any questions. We would be pleased to discuss this matter more fully with you.
http://www.aldermanengineering.com