Multifamily construction is booming despite the slow economic recovery for commercial and single-family markets, but it is a very different market than it was 10 years ago. Like other segments of construction, the increasing number of firms in multifamily has driven profit margins down. As a result, bidding errors or unanticipated project costs, which were once part of doing business and could be absorbed within the contract price, can now wipe out all profits on a project and even threaten a company’s overall financial strength.

Multifamily’s healthy backlog of work has attracted firms from both residential and commercial backgrounds. The residential firms likely have the skills to build a multifamily project, but the scale may be more than they or their subcontractors are prepared to handle. Commercial builders may find that contracting practices of project owners differ in the owners’ attention to detail and sophistication, even on large multifamily projects. In addition, multifamily work has drawn new companies on all levels that may be inexperienced with respect to construction practices as a whole.

That’s why thorough pre-contract investigations and due diligence about hiring prospective firms is a must. Before contracting on a multifamily project, it is an excellent practice to contact all current references for firms, seek financial assurances and carefully consider a firm’s experience with this project type. Services that report on companies and their financial situations are invaluable tools for assessing firms’ capabilities and track records.

此询问应超越新移民,并包括您公司过去与之合作的那些公司。即使表现良好的公司也可能经历了管理变更或财务挫折,这些公司可能会阻止其以前高水平的表现。您的项目高管应致电行业联系人,以了解准承包商是否仍然可行。

此外,多户家庭建筑是基于长期关系的非正式“握手”交易的最后据点之一,但是风险太大了,使公司无法以这种方式继续做生意。必须清楚地将绩效期望清楚地在合同链上上下传达,以避免昂贵的分歧和诉讼。这就是为什么书面交流是关键的原因。

As a construction attorney, I frequently see multifamily firms rely upon e-mails or other brief electronic communications like text messages as proof of their positions. These short messages are often difficult, if not impossible, for third parties to decipher and they are subject to multiple interpretations. Informal messages frequently omit details that provide enough context to fully understand the issue at hand. The result can be increased confusion during the project, which later fuels disputes.

当公司鼓励员工撰写独立的“字母风格”电子邮件时,他们可以更好地服务,这些电子邮件清楚地传达了他们的主题,确认口头对话和协议,并概述了事实,问题和截止日期。撰写电子邮件时的一个好的经验法则是考虑如何通过以后决定争议的各方阅读它们:保险公司,保理公司,仲裁员或法官,而没有对项目进行第一手知识。

A good e-mail will clearly communicate its content and possibly cause an insurance company to more fully assess the merits of a submitted claim, dissuade a factoring company from filing suit to recover payments allegedly due its principal or inform an arbitrator or judge about the author’s perspective on an issue.

The multifamily market can be profitable for those who are conscientious in assessing their project partners and who take the varied experience levels of other firms into consideration when communicating with those parties. Firms who do due diligence before contracting and who clearly communicate their expectations of others over the life of the project can preserve their profits and enhance their prospects for future success in multifamily construction.

Danielle N. Senn是福特Nassen&Baldwin PC的达拉斯办公室的建筑律师。网站:www.fordnassen.com。