Suggested and Prescriptive Means and Methods—Are They Really in the Owner’s Interest?

Traditionally, “Means and Methods” were the sole responsibility of Contractors. However, because of a number of litigious projects in the 1970s, Owners and their Engineers began including Suggested Methods of Construction (SMC) in Contract Drawings. By the late 1990s these SMCs were becoming baseline “Means and Methods” with Contractor recommended changes often considered as Value Engineering proposals. By 2004, the word “Suggested” was sometimes changed to “Prescriptive.” Owners are also purchasing TBMs and other mining equipment for Contractors prior to bid. Is limiting the contracting community’s innovation in developing their own “Means and Methods” and selecting their own equipment in the best interests of the Owner? Does it reduce the Owner’s, Engineer’s or the Contractor’s risk? Are claims reduced and finally what is the impact on the bid? A questionnaire was sent to more than fifty senior engineering field and management personnel representing more than 30 heavy construction companies to ask their opinion on these questions.