Principles

Maneuvering through the complex circumstances in construction contracts requires the application of legal principles to technical facts. The LAM professional exam should be tuned to these thinking skills. In reality, contract forms changes over time and amended to suit client’s requirements, but the principles should remain the same.

Perhaps, Contractors should also be put through a curriculum similar to our Part 3 exam as part of their qualification. But that would be too idealistic. To make things worse, apart from ignorance, we are also facing contractors who rely more on ‘connections’ rather than technical competency.

However, I still believe that in any conflict, principles should prevail.. and I share the following paradigm-shifting experience as told by Frank Koch in Proceedings the magazine of the Naval Institute for us to cogitate:

Two battleships assigned to the training squadron had been at sea on maneuvers in heavy weather for several days. I was serving on the lead battleship and was on watch in the bridge as night fell. The visibility was poor with patchy fog, so the captain remained on the bridge keeping an eye on all activities.

Shortly after dark, the lookout on the wing of the bridge reported, "Light, bearing on the starboard bow."

"Is it steady or moving astern?" the captain called out.

Lookout replied, "Steady captain," which meant we were on a dangerous collision course with that ship.

The captain then called to the signalman, "Signal that ship: We are on a collision course, advise you to change course 20 degrees."

Back came a signal, "Advisable for you to change course 20 degrees."

The captain said, "Send: I'm captain, change course 20 degrees."

"I'm a seaman second class," came the reply. "You had better change course 20 degrees."

By that time the captain was furious. He spat out, "Send: I'm a battleship. Change course 20 degrees."

Back came the flashing light, "I'm a lighthouse."

We changed course.

Principles are like lighthouses

Reality could be foggy at times, and therefore it’s important to understand the principles of law behind the contract provisions.