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Visualizing Your Project: Exploring Preconstruction Agreements Through the Lens of Photography

Understanding Preconstruction Agreements

Understanding the nuances of a comprehensive preconstruction agreement can be a tough task, and not just for developers and builders, but for many in the construction field. Theoretically, the concept behind a preconstruction agreement is fairly straightforward: it’s the contract often entered into after the award of the project, but before beginning the work. In reality, preconstruction agreements can take on many forms and have an extensive range of provisions that affect each party in an equal measure. Through a series of photographs, a photographer is able to tell a story that gives an overall picture of the meaning behind a document, such as a preconstruction agreement, and presents it in an artistic manner that is easy to understand, making it a powerful tool.

The initial purpose of a preconstruction agreement is to align the expectations of a developer and builder. For example, once a project has been awarded, there are still moments prior to the official start of construction which require planning and decision-making. The timing of when and what kind of windows will be used or the color of the paint are a few examples of decisions meant to be finalized prior to the construction. By preparing an agreement, both parties are able to anticipate when certain decisions will be made.

Further, a preconstruction agreement also helps clarify a budget for the scope of work to be performed and ensures that there is an understanding between the parties about what a final price will be without having to entangle the parties in back and forth negotiations regarding costs. Additionally, it can guarantee that a builder is being fairly paid for work leading up to construction.

While these are some of the big picture ideas behind a preconstruction agreement, there are other, more detailed provisions within a preconstruction agreement that are extremely important for both a developer and builder. For example, a preconstruction agreement can be utilized to ensure that a builder has access to the site prior to construction so they may perform all of the necessary steps leading up to the start date of construction. They can also prevent either party from soliciting the other’s employees or use of subcontractors that may otherwise be detrimental to a party’s business. To visualize a variety of the provisions that are commonly contained in a preconstruction agreement, it may be beneficial to look at the photos below.

Photography is a medium that is known for capturing key moments and focusing on details, and it might even be the best medium to use in attempting to depict the nuances behind a preconstruction agreement. First looking at the photographs, a viewer may get the feeling that the subject of these photos is construction, but looking closer, the images actually show a variety of details the construction world, putting them into focus and showing the viewer how their significance adds up. For example, the close up of the screw further explains its role in the larger picture of building, as it conveys the feeling of how small that particular element is, but also how it plays a large role in both the preconstruction and construction phases. Taking a photo of a smaller detail creates a much clearer picture than if you were to have taken an image of the entire building as an industrial whole. Additionally, it is easier, as depicted, to move the camera closer to an element and capture the details the way that one wants then by taking a step back. This allows the artist to photograph what could be a complex contractual issue in a way that is easier to understand. A picture of the final strike on a screw, for example, may hold deeper meaning for a viewer than a document that explains the intricacies of a contract.

The photographs above are definitely a more idealistic representation of the concepts and provisions that are typically included in a preconstruction agreement. However, it is important to realize that images like the ones above, for example, could have been created in a different way. For example, while the images were shot in daylight hour, creativity may allow them to be showcased at night in a more realistic setting. At the end of the day, the choice is truly in the hands of the photographer to create an image that tells a story to viewers in a way that allows the artistic value of the project to shine through. In other words, it is through flexibility and creativity that a photographer can create photo art that depicts the contents of a contract with an artistic point of view. It may be that by incentivizing a photographer to create a photo-art project that tells a story with pictures, that preconstruction agreements may be more easily understood. It is likely that looking at a photograph of a preconstruction agreement alongside a contract would allow for a better understanding. Transforming contracts into images of characters, struggles, and for a small moment, adding human emotion, is something that may be the key to the benefits of investing in a photo-art project depicting preconstruction agreements.