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Building Design and Construction Handbook - Merritt - Ventech!

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CONSTRUCTION PROJECT MANAGEMENT 17.3<br />

Package (Turnkey) Builders. Such companies take on a contract for both design<br />

<strong>and</strong> construction of a building. Often these services, in addition, include acquisition<br />

of l<strong>and</strong> <strong>and</strong> financing of the project. Firms that engage in package building usually<br />

are able to show prospective clients prototypes of similar buildings completed by<br />

them for previous owners. From an inspection of the prototype <strong>and</strong> discussion of<br />

possible variations or features to be included, an approximate idea is gained by the<br />

prospective owner of the cost <strong>and</strong> function of the proposed building.<br />

Package builders often employ their own staff of architects <strong>and</strong> engineers, as<br />

well as construction personnel. Some package builders subcontract the design portion<br />

to independent architects or engineers. It is important to note that, when a<br />

package builder undertakes design as part of the order for a design-construction<br />

contract, the builder must possess the necessary professional license for engineering<br />

or architecture, which is required in most states for those performing that function.<br />

Sponsor-Builder. In the field of government-aided or subsidized building, particularly<br />

in the field of housing, a sponsor-builder may be given the responsibility for<br />

planning design, construction, rental, management, <strong>and</strong> maintenance. A sponsor<br />

guides a project through the government processing <strong>and</strong> design stages. The sponsor<br />

employs attorneys to deal with the various government agencies, financial institutions,<br />

<strong>and</strong> real estate consultants, to provide the know-how in l<strong>and</strong> acquisition <strong>and</strong><br />

appraisal. On signing the contract for construction of the building, the sponsor<br />

assumes the builder’s role, <strong>and</strong> in this sense functions very much as an ownerbuilder<br />

would in building for its own account.<br />

17.2 CONSTRUCTION<br />

COMPANY ORGANIZATION<br />

How a construction company organizes for its work depends on number <strong>and</strong> size<br />

of projects, project complexity, <strong>and</strong> geographical distribution of the work.<br />

Sole Proprietor. This is a simple form of organization for construction contractors.<br />

It is often used by subcontractors, including those licensed in plumbing, electrical,<br />

or mechanical work. The advantage of operating as a sole proprietorship is that<br />

taxes on profits are much lower for individual owners. But there is the disadvantage<br />

of having the personal exposure to potential debts associated with a disastrous job.<br />

Partnership. This is the joint ownership <strong>and</strong> operation of a company by two or<br />

more persons. Each partner, however, is personally liable for all the debts of the<br />

partnership. Profits <strong>and</strong> losses are shared in some manner predetermined by the<br />

partners. A partnership comes to an end with the death of one of the partners. (For<br />

typical provisions to be included in a partnership agreement, see Richard H. Clough,<br />

‘‘<strong>Construction</strong> Contracting,’’ John Wiley & Sons, Inc., New York.)<br />

Corporation. This is the most common form of organization used by general<br />

contractors. A corporation is an entity that has the power to act as a separate body<br />

<strong>and</strong> enter into contracts. It has perpetual life <strong>and</strong> is owned by stockholders, each<br />

of whom has a share in the profits <strong>and</strong> losses of the corporation. An important<br />

advantage of the corporate form of ownership for general contractors is the absence<br />

of personal liability of the stockholders. This is desirable because of the risks of

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