1. Introduction
In construction projects, meetings are included as a very central and necessary activity to ensure dialogue, management, coordination and control of the project.
A prerequisite for a well-executed project is that the meetings work, that one has a good and constructive dialogue and that the parties have a professional approach to each other.
Depending on the complexity of the project, other meeting types can also be arranged. This will normally depend on the type of contract and not least the implementation model.
There are often own progress meetings, special meetings on economic matters and meetings dealing only with changes, series of meetings that only concern the development of FDV records, technical special meetings, etc.
In this article, we will focus only on the types of meetings that are specifically dealt with in the standard contracts.
2. Overview of the rules
Below we have taken a matrix showing which provisions of the standard contracts deal with meetings.
3. About builder meetings and construction meetings and what is dealt with
One may ask why two different names are used for the series of meetings held between the builder on the one hand and the main or general contractor on the other. In NS 8405 and NS 8406, this meeting series is called construction meetings, while NS 8407 uses the term builder meetings.
Common to both and whatever the name is, these are the most important meetings held between the builder and contractor, respectively.
The minutes of these meetings are a very important source of information about what has happened, and what the parties have agreed along the way.
Despite the central importance of the meetings, the standard contracts are relatively silent about what to deal with in them.
NS 8405 paragraph 7.1 and NS 8406 paragraph 6 state only that one should treat “Ordinary cases” in the construction meetings.
From NS 8407 paragraph 4.2 it is stated that the meetings shall deal with “design, execution and progress of the works”.
Despite the failure to specify what is treated, deciding what should be treated rarely seems to present problems. This is probably mainly a practical question and what the parties find useful.
In NS 8405 paragraph 7.2, second paragraph and NS 8407 paragraph 4.1, last paragraph, it is also taken into account that the parties may “require separate meetings to address specific issues.”
In any case, there is freedom of agreement, and the parties themselves can decide what kind of meetings they want to hold.
It is not uncommon to find guidelines for the type of meetings the builder wants to hold in the project administrative routines (PA book).
To begin with, we mentioned some examples of special meetings.
Sometimes, propulsion is a particularly critical condition, and the builder may wish to address progress issues in their own special meetings.
If a construction case develops in such a way that there are many changes, it may be appropriate to hold special meetings that only concern the change order regime. Besides the fact that there may be disagreement about whether something is a change, there will most often be disagreement about how a change should be handled in terms of economics and not least progress. Often, such questions will also involve technical resources. It is not a given that one should spend much of the time at a building or builders' meeting discussing such issues, and special meetings may be appropriate. To the extent that the participants do not have sufficient authority to make the final decisions, the basis for subsequent proceedings and decisions can be prepared in a subsequent construction or builders' meeting.
A third example is technical clarification meetings where the main focus is neither progress nor economics, and where it is primarily the tech-savvy who need to attend. It is not without further ado that such types of questions need to be addressed in a construction or builder meeting.
Common to all meetings is that the parties should agree on proxy relationships. Do those who meet have the authority to make decisions, or are there meetings where only a basis is prepared that will later be raised for a final decision. It is also conceivable that those attending have some form of limited power of attorney.
In order to prevent the parties from losing control and control, and to avoid the blurring of powers of attorney, much talk of such special meetings may be intended only to prepare a possible basis for decision, but not to establish them themselves. The main purpose of such special meetings is to relieve, but that the matter is raised to the building or builders' meeting for decision when the matter is mature. With that said, neither are all questions that require a decision. Much of what is dealt with in such meetings is of a more informational nature and in any case those who attend will report further to their management.
In any case, it is important that the parties are aware of the central and formal position of the building and building meeting in construction projects. It is these meetings that constitute the supreme decision-making forum for the parties to the contract, and what happens in these meetings is given great importance - at least in “Ordinary affairs”.
4. Who meets and what authorization do you have to have?
We have written a separate article on “Representatives of the Parties” where proxies are a key issue, read more here.
In that article, we have written, among other things, that the person who meets in construction or builders' meetings must have the power to decide “Ordinary cases”, see NS 8407 paragraph 4.2, second paragraph, NS 8405 paragraph 7.1, third paragraph, and NS 8406 paragraph 6, third paragraph.
This in contrast to “representatives of the parties” who shall be authorized to “make all decisions on the occasion of the contract”.
Thus, the person who attends a construction or builders' meeting is expected to have a less extensive power of attorney than the one the representatives of the parties are expected to have.
5. About minutes from construction and builders' meetings
The convening of meetings and the preparation of minutes are the responsibility of the builder in the execution centres (NS 8405 and NS 8406) and to the general contractor in the turnkey contracts (NS 8407).
However, we often see that the builder has drawn up special contractual provisions for this in his tender or competitive basis. This is especially true when the project is carried out according to NS 8407 where it is often stipulated that the builder shall convene and write minutes of the builders' meetings.
Regardless of who writes the draft minutes, it is clear from the provisions of the standards that the draft minutes shall “sent well in advance of the next meeting”.
It is not uncommon for the person who draws up the minutes to send the draft to the other participants only a few days before the next meeting.
The fact that everyone should have the opportunity to make their input is due to the rule that objections and comments should be made “without undue residence” and most recently in “First Ordinary Meeting”.
Normally construction meetings and builder meetings are held every fortnight. If 10 — 12 days pass before the other participants receive the draft, some details will already be forgotten. This is despite the fact that those attending take their own notes while one is in the meeting.
In case of late mailing, the other participants are given only a short time to submit their comments, which can present challenges in an otherwise hectic everyday life.
It should also be borne in mind that notices made in construction or builders' meetings are considered to be duly made. Notifications must, as a general rule, be followed up without undue delay, and the circumstances about which one is constantly notified must be notified without undue delay. Consequently, it is of little reassurance if one settles on a line of late dispatch of draft minutes.
For these reasons, the minutes of construction and builders' meetings are given high evidentiary value if later disputes arise between the parties. They are time-bound evidence, they have a formal status and they have been the subject of contradiction in that all participants have been given the opportunity to comment and adopt their views if they do not agree with what is stated in the minutes.
Taking into account also the fact that a dispute can be dealt with in court several years after the minutes were written, it will also be difficult for this reason to assert anything contrary to what is stated in the minutes.
In view of all this, it should be considered whether it is not best to send out draft minutes shortly after the meeting in question, and participants should take care to include their comments if they disagree with the draft.
6. About Startup Meetings
In NS 8407 paragraph 4.1, second paragraph and NS 8405 paragraph 7.2, a provision has been made that the parties may request a start-up meeting.
It is also stated that the purpose of such start-up meetings is to treat “Collaboration and decision-making procedures”.
Often, the builder will have arranged for such a start-up meeting already from the time the tender or competitive basis was sent.
If so, it often says something about what the builder wants to achieve with a start-up meeting in the PA routines, what to process, where it should be held and who is expected to attend.
From an experience point of view, start-up meetings are a good forum for facilitating a future, good cooperation.
The more concrete goals one has and customized activities for such a meeting, the better.
Of course, it is important that the key people from both parties' organizations participate, that everyone has been given tasks to be prepared and presented at the start-up meeting.
It is not only the builder who has to contribute, explain and explain how the builder wants things to be. The contractor has an equally central role - after all, it is the contractor who will be responsible for the most important delivery after the conclusion of the contract.
A key word for the startup meeting can honor “expectation clarification” where cooperation and respect for each other roles and interests are the focus.
In addition to key personnel from the individual contracting parties, key personnel from subcontractors, from the design team, from other key consultants and construction management apparatus should also participate.
In the meeting, it is natural to review PA routines, the contractor's progress plan, decision plan, quality assurance procedures, etc.
