Conflict of Interest: The Dual-Role Superintendent / Lead Designer in Construct Only Contracts

Swift, Alexander Robert John (2019) Conflict of Interest: The Dual-Role Superintendent / Lead Designer in Construct Only Contracts. [USQ Project]

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This study focuses on Commercial Construction ‘construct-only’ and ‘fully documented’ contracts where the Lead Architect is also defined as the contract Superintendent and Principal’s Representative. The paper argues that there is a conflict-of-interest herein, given the defined and the implicit roles of the Superintendent under contracts such as AS2124 & AS4000. There is a prevalence of adversarial relationships ‘in which cooperation is expected to take place in a set of circumstances that are not wholly conducive’ (Phua & Rawlinson, 2010) between internal stakeholders in commercial construction contracts, and the paper aims to review this impact on the overall the outcome of the project.

This research proposes to question the status-quo in these particular contractual arrangements, and the impact that these relationships are having on individual projects, and the industry at large. The research aims to provide a review of the current literature relative to the topic; assesses the impact of the aforementioned dual-role Superintendent; evaluates industry opinion on the potential conflict of interest; and seeks to provide a conclusive argument that would be the foundation for changing the definition of the Superintendent role under AS2124 & AS4000 in particular.

Finally, the paper aims to provide insight into reducing the potential for conflict within the commercial construction industry by eliminating conflicts of interest, assessing internal stakeholder relationships, and identifying the stipulation for a third-party Superintendent in Construct Only contracts such as AS2124 & AS4000.

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Item Type: USQ Project
Item Status: Live Archive
Faculty/School / Institute/Centre: Historic - Faculty of Health, Engineering and Sciences - School of Civil Engineering and Surveying (1 Jul 2013 - 31 Dec 2021)
Supervisors: Elks, Gary
Qualification: Bachelor of Construction (Honours) (Construction Management)
Date Deposited: 17 Aug 2021 00:26
Last Modified: 27 Jun 2023 04:06

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