Comparative Analysis of Lean Construction with Design-Build Using a Framework of Contractual Forms of Agreement

Abstract

The purpose of this comparative analysis is two-fold: (1) to promote thinking and generate dialogue regarding lean construction within the design and construction community; and (2) to provide this community, including students of lean construction, with a practical, contract language-based framework with which to compare the elements of widely understood design-build with lesser-known lean construction. This comparative analysis explains lean construction thinking through discrete, clause-by-clause comparison of a template integrated project delivery (IPD) agreement (which is a lean construction influenced agreement) with an industry-standard design-build agreement. Comparison identifies numerous contractual topics included in both agreements, labeled universalizing contract topics. Deeper analysis of these identified common topics reveals differing intent and contractual obligations for the parties thereby substantiating insight into the overarching goals for lean construction (LC) and design-build (DB). Next, this paper presents contractual provisions uniquely included in either the LC or DB agreement, labeled differentiating contract topics. Such contract language identifies unique attributes of lean construction and design-build. Additionally, the paper proposes that incorporation of lean construction-related differentiating contract topics in the LC agreement is purposeful to promote the lexicon, processes, and thinking necessary to progress lean construction within the design and construction community.