Evaluation of Temporary Structures Contractual Frameworks: An Industry-Wide Survey Study

Temporary structures are integral to construction. Yet, the complexities and risks associated with these structures often need to be more adequately addressed in standard construction manager/general contractor (CM/GC) contracts. This gap in practice underscores the need for an in-depth exploration of contractual challenges and potential improvements related to temporary structures. This study investigated the barriers to including comprehensive risk provisions in standard CM/GC contracts for temporary structures and assessed industry professionals' perspectives on their effectiveness and potential improvements. Employing a survey questionnaire distributed across all 50 states in the United States, the research garnered 465 valid responses from various industry sectors and organizational sizes. The findings reveal a significant consensus among professionals regarding the inadequacy of current CM/GC standard contracts in addressing the risks of temporary structures. Over half of the respondents attribute this gap to a transfer of liability to construction contractors, while others cite strategic avoidance of comprehensive terms to prevent legal disputes. Interestingly, most respondents acknowledge the importance of incorporating detailed contractual provisions for quality, safety, and environmental issues, recognizing their role in enhancing contractual robustness. However, opinions are divided on the need to detail owner/client responsibilities and the effectiveness of provisions for schedule and price impacts. The study suggests an industry-wide need for more robust contractual terms, particularly in managing legal obligations and specific risk types associated with temporary structures. These insights contribute to understanding the current contractual challenges and pave the way for adopting innovative contractual frameworks in the construction industry.