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Managing the Channel Tunnel--


Lessons Learned
Jack K. Lemley

[Jack Lemley served as ChiefExecu- (TML), a consortium of five British and important meetings had to be either
tive of ~ n s m a n c h e Link from 1989 to five French companies, was, in effect, conducted in English or covered by
1993.] two separate projects operating at two simultaneous translation. The Mate-
n the multination|fl, multicultural, separate national sites. For this rea- rials M a n a g e m e n t system contained

I m u l t i - l i n g u a l e n v i r o n m e n t in
which the constru,~on of the Chan-
nel Tunnel took place, m a n y areas of
son, cross-border or cultural differences
could, at first, be virtually ignored.
However, as the project evolved into a
more coherent and m a t u r e bi-national
parallel product descriptions in both
languages. Quality and safety issues
had to be expressed in language ap-
propriate to culture-bound attitudes.
m a n a g e m e n t bear u p m the mission of
the International Tunnelling Associa- organi 7~tion, these differences---differ- These are major cost and productivity
tion to provide a forum for the global ences in currency, language, culture issues.
exchange of information on technologi- and tradition, government attitudes, Such differences in professional
cal, economic, ecological, cultural, and community attitudes, law and legal practice and procedure do not mean, of
related matters. The Channel Tunnel systems, professional practice, and course, that one side is better than the
transportation project confirms the m a n y others---finally had to be ad- other--far from it. For example, both
ITA's dedication to the great and grow- dressed. Each difference represented crossover chambers serve the same
ing interest that has ,developed in the a genuine obstacle t h a t could stand in function, both were efficiently con-
use of the subsurface, not as a technol- the way of developing a single, seam- structed, and both work quite well. In
ogy of last resort, but as an appropriate less, successful orgar, ization. general terms, the diversity gave TML
resource for the furtherance of h u m a n a richer source of ideas and permitted
goals and aspirations as our planet Project Culture a cross-fertilization of m a n a g e m e n t
grows more crowded lind complex. techniques to positive effect.
Cultural concerns pervaded every
The Channel Tunnel, a true trans- aspect of the project. Where possible,
frontier project, has m a n y things to these differences were viewed in a posi- The C o n t r a c t
teach us, particularly in the area of tive manner, as chances to enhance the In major tran~-frontier projects such
management, as we continue to foster quality and progress of the work. In as t~h_eChannel ~zhmnel,cultural issues
the development of our subsurface international work in particular, ma- can profoundly influence the develop-
resources. In the international jor differences that can negatively af- ment and implementation of the con-
environment in which ~mnstruction took fect the work must be clearly defined, tract. Ideally, there m u s t be only one
place, t h r e e project m a n a g e m e n t and agreeable operating procedures contract, it must be developed and writ-
impact areas were of prime importance: must be developed before the work ten in only one language, and it must
1. The culture of the two countries begins. I f this is not done, then project be based on only one legal system. It
and of the necessarilLymultinational management has failed. m u s t also contain clearly defined dis-
workforce. Central to these concerns is lan- pute resolution procedures--proce-
2. The contract upon which the guage. Language is much more than dures with which all parties are famil-
projectwas based. the self-evident problem of communi- iar and by which they have agreed to
3. The partnering arrangement cating technical issues. A nation's abide.
through which project management language reflects and embodies that Because of these and other, similar
operated. nation's culture. The waywe saytblngs considerations, it is important in writ-
In all three areas, communication embodies the way people think and ing a contract, first to clarify the phi-
was, always,the primary consideration. feel about them. Legal issues, pur- losophy under which work wiU be per-
A briefprojecthistoryis necessary chasing techniques, methods of mea- formed, and then to formulate specific
to put these three areas in context. In surement, labor relation negotiations, contract documents to satisfy these
the beginning, Transmanche Link just to name a few, come out differ- philosophical decisions. Contracts
ently in different languages, even if must be produced on the basis of a
the words themselves have been trans- mutually developed central philoso-
lated exactly. p h y - - a philosophy generated in con-
Present address: Jack I~ Lemley, Lemley & One major concern for TML was sideration for the specific work to be
Associates, Inc.; 1508N.13th Street, Boise, t h a t all French documents of any con- performed and the cultural milieu in
Idaho 83702 U.S.A. sequence had to be translated, and all which it will be undertaken.

Tunnellingand UndergroundSpace Technology,Vol. 10, No. 1, pp. 9 - 1 1 , 1995


Copyright ( ~ 1995 Elsevier Scienc,.~ Ltd
Printed in Great Britain. All right., reserved
(~ Pergamon
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• Such contracts can be written so dispute resolution was included. The Partnering At All Levels (the
that each clause and section sup- contract documents provided for a per- Empowered Workforce)
ports the whole. m a n e n t five-member disputes review
Effective construction means em-
• Such contracts should not con- panel to whom all disputes were re- powered management working
tain built-in conflicts that make ferred. The president of the panel was through an empowered workforce. Our
them difficult or impossible to a French law professor. The other
contracts must reflect this changing
administer. members were two English and two
work environment. It can no longer be
• Such contracts should allow for French engineers. I f a dispute arose,
a case of "us ~ versus "them? The
the "partnering ~ that produces the president selected two additional
concept of ~partnering ~ is now receiv-
realistic risk management and panel members from these four. His
ing the broader attention it deserves.
fosterscost-effectivevalue engi- selection was based on choosing the
Today, heavy construction--and, in
neering. individuals who were most experienced
particular, tunneling and underground
in the specific issue at hand. space---is an environment for think-
For example, on the ChAnnel Tun- The contract procedure was for this
nel the decisionwas made to letFrench ing people, people who have great un-
panel to h e a r disputes as they oc-
and English engineers work along the derstanding not only of the nature of
curred and to render a decision within
lines with which they were most fa- geophysical conditions, materials man-
90 days on the basis of the rules under
miliar,rather than imposing one rigid agement, and the overall engineering
which the panel was established. A
set of engineering/construction con- of the project; but also of the interre-
unanimous decision by the panel was
cepte upon both teams. As long as the lated complex of h u m a n skills required
fully enforceable until and unless it to get the job done properly.
design was cost-effectiveand compat- was overturned by binding arbitra-
iblewith the quality,safety,trAnApor- In terms of technology, we require
tion requested by either p a r t y - - T M L
tation, and other requirements of the an understanding of the m a n a g e m e n t
or its Client, Eurot-nnel. Such arbi-
totalproject,each team was allowed to of increasingly sophisticated equip-
tration, as called for in the contract,
proceed using the techniques with m e n t and construction techniques. In
was implemented only after a panel
which they were most familiar. tunneling, for example, this means an
decision and under the rule of the
From a legal, contractual stand- understanding of how to achieve the
international Chamber of Commerce
point, the project was extremely com- efficient direction of computer-driven,
in Brussels.
plex, involving considerations that laser-guided T~mnel BoringMachines;
The panel was put to serious and
challenged the best legal minds in of the logistics required to support
continuing use on the project, and was
British,French and internationallaw. workers and operations at the end of a
asked to make some very difficult and
A primary concern was the governing supply line that is kilometers long but
important decisions. It is hard to envi-
law of the contract. I should say con- only meters wide; of sophisticated,
sion a process that could have worked
tracts, because there were both En- interconnected material and schedul-
better. In contracting, time is money,
glish and French versions,neither one ing programs; and of the multiplicity
and this mechanism for disputes rese-
of which took precedence over the of other tools available.
lution--a process that is both timely
other. The law of the contract was Of equal if not greater importance
and equitable--- worked well.
based on c o m m o n principles of En- t h a n this technological expertise is the
In general, the Disputes Review
glish and French law. Ifno such com- workforce. A modern construction
Board or Panel is the preferred solu-
m o n principles existed, principles of workforce requires people who under-
tion to any of the alternatives that I am
international trade law applied. stand human nature and how workers
aware of under the altornative dispute
On the ChAnnel T , nnel project, and management respond to an in-
resolution concept. It provides for an
there were m a n y dissimilarities be- creasingly complex working environ-
early resolution of disputes by informed
tween British and French law. Par- ment. It requires an understanding of
people, experts in their fields, at a
ticular examples of this are legal ap- how h u m a n beings respond to quality
decision-making level that is very close
proaches to health and safety, trade and safety issues; an understanding of
to the point of dispute.
union law, taxation, and crime and how to work in teams, each with its
When a dispute panel is installed at
punishment. However, when the tun- own team dynamic and approach to the
the beginning of a project, it is able to
nels were being excavated, the respec- w o r k - - teams that are able to interact
develop and maintain an understand-
tive national teams were able to take with other teams that may represent
ing of the status of the work through
their own domestic law with them different nationalities, different disci-
each of its stages. This information,
across the International Frontier; by plines, and different ways of working.
which comes to the panel through regu-
agreement, the national law traveled All of this requires people who can
lar reports provided on overall job
with the T-nnel Boring Machines. For think; make informed, intelligent de-
progress, allows the panel to flag as-
example, the service tunnel broke cisions; and act with some autonomy.
pects of the work that may turn into
through three kilometers inside This new breed of worker has been
disputes. Another advantage to estab-
French territory. Because of well- created by the internal pressure of the
lishing the panel before work starts is
developed procedures, T M L was able construction environment in the last
the information the panel members
to treat those three kilometers tempo- few years and, perhaps because of this
gain through regular site visits.
rarily as British territory,thus obvi- origin, is being accepted and integrated
Further, the existence of a panel
ating any conflict of law. After the with difficulty by our industry. We
composed of experts with high qualifi-
breakthrough, of course, regular cus- need contracts that reflect the exist-
cations and industry standing gener-
toms service was established at the ence of this new breed of worker and of
ally has a dampening effect on liti-
international boundary. t h e c o m p l e x n e e d s of a m o d e r n
gious tendencies of both owner and
multidisciplinary, multinational,
contractor. Both parties usually con-
Dispute Resolution multicultural workforce.
sider carefully before referring mat-
Contractually, the greatest level of
When there are disputes, both in- ters to the panel for formal processing.
certainty can be achieved by empow-
ternal and external to a project, clearly In my experience, the knowledge t h a t
ered professional people working in
defined and universally agreed-upon these experts will be on the panel
partnership. Only experienced, dedi-
procedures must be in place. When provides an added incentive to resolve
cated, properly reseurced people in or-
the Channel T - n n e l project was es- differences and to act in a more re-
sponsible fashion. ganizations that know the work and
tablished, a procedure for alternative

10 TUNNELLING AND UNDERGROUND SPACE TECHNOLOGY Volume 10, Number 1, 1995


know the risks can achieve efficient, tion, the prime concern of the ITA. and it m u s t be based on one legal
cost-effective, and tiTrLelyresults. And Effective, whole-hearted, clear commu- system. It must all contain clearly
they can do this only if allowed t o - - nication is fundamental for large trans- defined dispute resolution procedures,
t h a t is, only if they ~re empowered to frontier projects in which national and procedures with which all parties are
use their abilities~to the fullest. How- cultural considerations inevitably play familiar and with which all parties
ever, when professionals work in envi- a large role. It is in this area t h a t have agreed to abide.
ronments where contI~cts mandate all recommendations can be made: 3. Finally, and central to the whole
of their actions, giving them little or no 1. First, careful consideration m u s t concept of communication, an attitude
latitude for decision-m~klng, their re- be given, in the conceptual stages of of partnering must infuse the whole
suits, in my experience, are generally the project and continually as the work project. Effective construction means
less t h a n desirable--and, in extreme progresses, te cultural matters. Differ- e m p o w e r e d m a n a g e m e n t working
cases, are disastrous for all involved. ences in currency, language, culture through an empowered workforce---
and tradition, government attitudes, management that has an understand-
Conclusion community attitudes, law and legal ing of how workers respond to an in-
Much can be learned.from the Chan- systems, professional practice, and creasingly complex working environ-
many, m a n y others must be addressed. ment. It requires an understanding of
nel Tunnel, and these, lessons can fur-
Each difference can stand in the way of how h u m a n beings respond to impor-
ther the ITA's mission to develop un-
developing a single, seamless, success- tant construction issues; and an un-
derground space t h n m g h innovation
ful project organization. derstanding of how to work in teams
and opportunity, and t2 provide a cred-
2. Second, the contract must be de- that represent different nationalities,
ible, comprehensive means ofdissemi-
natinginformation on subsurface uses. veloped around these considerations: different disciplines, and different ways
there m u s t be one contract, it must be of working.
I f a project falls, the l~ots of that fail-
ure will be in the area of cemmunica- developed and written in one language, The key element is communication.
[]

Volume 10, Number 1, 1995 TUNNELLINGANDUNDERGROUNDSPACETECHNOLOGYU

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