By: Wentworth S.C.R. No. 103
SENATE CONCURRENT RESOLUTION
1-1 WHEREAS, Construction contracting is a very competitive,
1-2 high-risk business that can evolve into an adversarial,
1-3 confrontational business with energies misdirected away from the
1-4 ultimate goal of constructing a quality product on time and within
1-5 budget; and
1-6 WHEREAS, This competitiveness and the perception of
1-7 conflicting objectives among owners, contractors, architects,
1-8 engineers, subcontractors, and suppliers have set the stage for
1-9 what, at times, have been adversarial and unrewarding
1-10 relationships; and
1-11 WHEREAS, Lawsuits are contrary to the basic nature and goal
1-12 of the construction industry, and conflicts can be expensive and
1-13 counterproductive to all parties' efforts to produce quality
1-14 projects on time and within budget; and
1-15 WHEREAS, It is in the best interests of the citizens of this
1-16 state to take advantage of the opportunities uniquely available to
1-17 not only achieve sensible resolutions of disputes, but also to
1-18 avoid conflicts in the first place, therefore saving time and
1-19 money; and
1-20 WHEREAS, The "partnering" process attempts to establish
1-21 working relationships among the parties before a project starts
1-22 through a mutually developed, formal strategy of commitment and
1-23 communication; and
2-1 WHEREAS, The "partnering" process further attempts to create
2-2 an environment where trust and teamwork prevent disputes, foster a
2-3 cooperative bond to everyone's benefit, and facilitate the
2-4 completion of a successful project; and
2-5 WHEREAS, The fabric of the industry depends on strong weaving
2-6 of owner, contractor, architect, engineer, subcontractor, and
2-7 supplier into a team; and
2-8 WHEREAS, Successful teams are built on the strengths of each
2-9 member, while successful lawsuits are founded on capitalizing on
2-10 the weaknesses of team members; now, therefore, be it
2-11 RESOLVED, That the 73rd Legislature of the State of Texas
2-12 hereby encourage any state agency entering into a building or
2-13 construction contract with the successful bidder to establish a
2-14 formal "partnering" agreement and program along the lines of the
2-15 National Associated General Contractor's Partnering Program; and,
2-16 be it further
2-17 RESOLVED, That a copy of this resolution be forwarded to all
2-18 state agencies as an official expression of the sentiment of the
2-19 73rd Texas Legislature.