A NEED FOR TEACHING WRITING SKILLS IN CONSTRUCTION EDUCATION

INTRODUCTION

"Construction," as a distinct learning discipline within higher education, has suddenly gained attention throughout the country. While this discipline has not as yet attained the same academic stature as say computer oriented studies, there is every possibility that in time it will gain similar recognition simply because of the size of the market it serves.

Construction programs offer instruction in building materials, and methods, structures, environmental systems and other technologies. One might conclude that the primary "tools of the trade" that construction students must learn to use are those associated with those areas of instruction. But in fact, these various technologies are only subordinate parts of "contracting" which is the most significant function of the "trade." The major market for graduates of these programs is in the contracting segments of the construction process. They enter the work­place in middle-management positions in general contracting or subcontracting firms. Smaller numbers of undergraduate and graduate students enter architect/engineer offices in contract administration roles, or become representatives of an owner (the construction purchaser), the other party to the construction contract.

In order for graduates to be successful in construction contracting, they must know how to write competently -and they must exhibit this competency immediately on entering the industry. The real "tool of the trade" of construction contracting is the writing tool.

One should realize that there are few commercial endeavors that use and rely on written language skills as much as construction contracting does. No facilities are "built" today except by means of a contract. The contract is the fundamental transaction used to accomplish the purpose of the total construction process. In addition to general contract and subcontract matters, the legal areas of surety (contract bonding), insurance, labor relations, and agency (which themselves are all based on contractual principles), also require the close attention of construction professionals.

DIFFERENT APPLICATIONS OF WRITING SKILLS

Except for a few oral agreements made for very small projects, all construction general contracts and subcontracts are writings. In fact, a writing is normally a requirement of law. It is essential that these writings be composed so that they can be interpreted and used for both the bidding and performance functions of the general and subcontracting processes.

Writing in the General Contracting Process

Writing skills required in general contracting are quite different from those required in the sub-contracting process.

Ordinarily, general contractors' operators have nothing to do with the composition of the general contract itself, but they still face very formidable writing tacks within the general contracting process. For example, they are constantly faced with making writings "on" the general contract.

Writing "On" the General Contract

Writings "on" the general construction contract are made during the course of its performance. They are required to carry out the terms of the contract. When examining the number, types, and the varied required substantive contents of writings mandated by the general contract and its processes, one finds that some are expressly required by the contract, others by implication, and others because it is a sensible business practice to write them.

The general, supplemental, and special conditions of a general construction contract (the most important of the contract's working documents) are the implements of performance of the contract: i.e., they prescribe the exact ways and means by which the parties must perform in order to satisfy their obligations to each other. The foremost general contract "condition' document in use today-the AIA (American Institute of Architects) Document 201, "General Conditions of the Contract for Construction"--in its later editions expressly requires, as obligations of contract, writings in thirty-nine separate circumstances. The substance of these mandated writings varies considerably. For example, there are writings required to give formal notice of something or other, to request or to give information of certain kinds; to make claims or demands; or to deny or affirm someone's action or failure to act. Many of these provisions state exact requirements for the substance of the writings, and the precise time for their transmittal and receipt are also specified. Ordinarily, competent practitioners learn to make them properly with practice.

As one learns how to use condition documents, one becomes aware that there are many supplemental writings, which while not strict contractual obligations, are nonetheless essential to the proper and efficient performance of the contract. For example, effective cover letters accompany contractually required writings such as submittals, schedules of values, subcontractor approval request lists, or payment billings.

Other provisions of contract, that are not clear or precise in specifying what is required to carry out or satisfy the obligations they impose, require greater thought, and more imaginative application of word skills. Composing them usually calls for the exercise of critical and dialectical abilities.

Writing on the general contract is an operational task which must be performed just as competently and correctly as any of those required in the physical building of the construction project.

Writing in Adverse Situations

When differences in interpreting contract matters occur on a project, adverse situations often develop which may ultimately result in arbitration or litigation. This potential mandates keeping a written record and taking special care in drafting whatever correspondence that record requires. Should a controversy develop, written documentation becomes critical to the establishment of proofs in an arbitration or litigation.

The requisite writing skills for this kind of documentation extend far beyond the mere presentation of fact or recording of data it is necessary to compose writings that express opinions and ideas correctly, and clearly indicate the temper and disposition of the writer. Some may have to be written in a way that will elicit a desired response. At times, one may have to write in a manner that deliberately expresses anger, frustration, impatience, disappointment, disgust, dissatisfaction, or some other negative attitude, while at other times, it may be necessary to convey only positive attitudes.

Those who regularly process construction contract claims in litigation or arbitration are quick to assert that "paper always impresses" those charged with making decisions and judgements in those situations. Witnesses' fading memories or conflicting oral testimony are not the most reliable means to establishing proofs in construction contract claims. Ordinarily, arbiters do not give the same weight to testimony or evidence based on recollection whenever written evidence is available.

One must appreciate however that writings become two-edged swords in adverse situations; i.e., if words are carelessly or artlessly written, they may operate against as well as to the writer's advantage. This aspect of the use and effect of writings in adverse situations adds emphasis to the need to develop and maintain writing skills.

Writing in Expediting Operations

Every important operation directly associated with a construction contract's performance requires written documentation of some sort. Many of the more common operational processes such as submittals/approvals, contract close-out, payments, claims, etc. are expressly stipulated in the contract, at least in general terms. Practitioners entering the industry soon find out that each one of these processes (and their subprocesses) involves a considerable amount of writing.

In addition to its contractually prescribed processes, the typical general construction contract requires other operational processes which, though they are not expressly stipulated by the contract, have nonetheless been developed and used to expedite its performance. One such process is the job meeting, the sole purpose of which is to expedite the project by regularly bringing together those performing work on the jobsite so that common problems can be worked out, misunderstandings cleared up, and clear directions given that further the progress of the project. The job meeting is a face-to-face encounter that promotes discussion and, at times, even serious argument or disagreement.

To make the job meeting a more valuable expediting tool, its proceedings are recorded in the form of minutes. This kind of composition requires the development of considerable writing skills.

Use of tape recording equipment is ordinarily not encouraged in job meetings, because tape recording tends to dampen spontaneous discussion, which is essential in this type of meeting. Consequently, someone must take notes on the proceedings and from those notes, make meaningful, complete, and accurate minutes that have to be transcribed, edited, published, and then distributed to all parties who have an interest in what transpired in the meeting. Composing job minutes is no routine task that merely involves filling in blanks on a set-form record sheet. It requires careful observation, notation and then a narrative transcription of what happened at the meeting.

Writing Assignments for Coursework Related to General Contracts

One need not look hard for practical writing exercises and assignments that will help the student understand the types, forms, content, etc., of writing that are required in practice. One such exercise would have students make up a theoretical fact situation presenting a problem to which a particular standard (AIA or other) general provision of contract is applicable, and then compose the proper writing that satisfies the provision. If time allows, the exercise can be supplemented by extending communication back and forth between correspondents. For example, a letter giving notice ordinarily requires a reply which, in turn, has to be answered.

The number of valuable and practical writing assignments "on" the general contract would be limitless.

Writing in the Subcontracting Process

Subcontracting is the quintessence of general contracting. It is the general contracting company's main operational task. In the modem construction industry, general contractors subcontract between 65% to 99% of the work on the commercial, industrial, or institutional facilities that they contract to build. In order to properly and safely shift this amount of risk, the general contractor must subcontract correctly. Subcontracting depends on making valid enforceable, lasting subcontracts. This operation requires clear, concise writing. Subcontracting requires the ability to express what one really means, clearly define mutual obligations and form unencumbered and unambiguous documents that are legally sound and operationally efficient. Subcontracts establish the limits and obligations of performance of the specialty work they cover. They are the means of furnishing the orderly and efficient production of the total work.

When subcontracting work, general contractors follow a simple but elemental rule in the formation of their subcontracts. They must always bind the subcontractor to what they themselves are bound to in the general contract with the owner, while still recognizing that each respective subcontract must express the unique agreement between the general contractor and subcontractor.

If one follows this fundamental rule for composing subcontracts, the resulting documents should function properly within the general contract/subcontract process.

Assignments in Courses Covering Subcontracting

An ideal writing assignment for students learning about subcontracting is the development of a subcontract from scratch. Such an assignment requires one to perform a disciplined analytical exercise, the end product of which is a creative writing that embodies the essential substance of a subcontract in a usable form. This is a major writing assignment suitable for an entire semester.

For assignments of lesser duration, it is valuable for students to write correspondence "on" the subcontract in the same manner as they write "on" the general contract.

The Practical Problem of Using Writing Assignments

Writing exercises serve dual purposes in academic construction programs. They indicate the students' understanding of the substantive contractual aspects of the topic and they also evidence proficiency in writing.

The main problem with requiring writing exercises is the grading time required of the instructor. Instructors find it time-consuming and frustrating when faced with grading poorly-written exercises. In many instances, grading becomes a double operation. Often the writing has to be deciphered before its substance can be graded. Generally, it is not feasible to use graders or graduate students in this task. An idea that has been tried at some universities is to employ technical writing professionals to preview written assignments for proper written form and language usage before the course instructor grades them for substance.

Aside from the obligation of higher education to produce graduates competent in language skills, and though it is appreciated that such a scheme involves redundant time expenditures and costs, writing skills are so essential to competent performance in the construction business that this additional attention could be justified on that practical basis alone.

CONCLUSION

In the past, the rudimentary skills thought necessary for conducting successful construction contracting operations had to do primarily with the "building" of the project. The growing proliferation of construction contracting and management programs at college and university level clearly indicates that this is no longer true. Managers and operators in the modem sophisticated construction contracting industry need training in topics like contract, surety insurance planning, etc. They are finding that if they do not expose themselves to such topics they simply cannot function and compete in the modem time accentuated construction industry process. The environment of higher education presents opportunity for future practitioners to learn language and writing skills. Whether they avail themselves of the opportunity is up to the students, but any viable construction program in higher education should emphasize and encourage the development of these skills. Construction educators must insist on competence in writing.