Contract Relationships (9 Marks) Flashcards

1
Q

Name the four Contractual Organisation Methods

A
  • Traditional (Design, bid, build)
  • Project Management
  • Design and Build
  • Management Contracts
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2
Q

Who is the client in contact with in Traditional Contractual Organisation?

A
  • Architect, to take a brief, produce design and
    construction information, invite tenders and administer
    the project during the construction period and settle the
    final account.
  • Contractor to construct the building
  • Other Separate Consultants to deal with specialist items,
    i.e. structure, costs, landscape design
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3
Q

Name the Contractural Relationship Type in which:

Client is in contact with:

  • Architect, to take a brief, produce design and
    construction information, invite tenders and administer
    the project during the construction period and settle the
    final account.
  • Contractor to construct building
  • Other Separate Consultants to deal with specialist items,
    i.e. structure, costs, landscape design
A

Traditional (design, bid, build)

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4
Q

Characteristics of Traditional Contractual Organisation

A
  • Sequential process – generally longer time-frame
  • Reasonably price certain (subject to design changes and flexibility)
  • Design-led process. Design process is separated from the
    Construction process
  • Architect/LA is the design team leader (and manager)
  • Client issues all instructions to consultants and contractor through
    design team leader
  • Relatively low-risk procurement option for the principal
  • Changes easy to arrange (‘Variations’)
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5
Q

Who is the client in contact with in Project Management Contractural Organisation?

A

Type One: Client Representative

  • PM is the Client’s Representative and takes over the dayto-day roles of the client but is not the person directly responsible for the appointment contracts with the design team members.
  • Architect/LA is the design team leader (and manager)
  • Same contractual arrangements as with traditional
    method

Type Two: Project Manager (PM) is Design Team Manager

  • This is the more standard understanding of the PM role
  • The PM as Design Team Manager takes over the contract
    administration roles from the Design Team Leader
  • Architect/LA still Design Team Leader (still carries design risk)
    but now only responsible for the design and observation of
    the contract, not the contract administration
  • PM could be an architect / LA but usually a dedicated PM
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6
Q

Name the Contractural Relationship Type in which:

  • A Project Manager is the Client’s Representative and takes over the dayto-day roles of the client but is not the person directly responsible for the appointment contracts with the design team members.
  • Architect/LA is the design team leader (and manager)
  • Same contractual arrangements as with traditional
    method
A

Project Management - Client Representative

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7
Q

Name the Contractural Relationship Type in which:

  • The PM as Design Team Manager takes over the contract
    administration roles from the Design Team Leader
  • Architect/LA still Design Team Leader (still carries design risk)
    but now only responsible for the design and observation of
    the contract, not the contract administration
  • PM could be an architect / LA but usually a dedicated PM
A

Project Manager - PM is Design Team Manager

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8
Q

Characteristics of Design and Build Contractural Organisation?

A
  • Client is in contract with D&B contractor only – single
    point of responsibility
  • Contractor takes responsibility to provide both design and
    construction of the work for an agreed price
  • Helps achieve buildability and innovation
  • Relatively low-risk procurement option for the client as
    price known at start
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9
Q

Who is the client in contact with in Standard Design and Build Contractural Organisation?

A
  • Client is in contract with D&B contractor only – single
    point of responsibility
  • Contractor takes responsibility to provide both design and
    construction of the work for an agreed price
  • Helps achieve buildability and innovation
  • Relatively low-risk procurement option for the client as
    price known at start
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10
Q

Name the Contractural Relationship Type in which:

  • Client is in contract with D&B contractor only – single
    point of responsibility
  • Contractor takes responsibility to provide both design and
    construction of the work for an agreed price
  • Helps achieve buildability and innovation
  • Relatively low-risk procurement option for the client as
    price known at start
A

Standard Design and Build Contractural Organisation

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11
Q

Who is the client in contact with in Design and Build with Novation Contractural Organisation?

A

At the early design stages, Client is in contract with:

  • the Architect/LA to provide concept design, outline
    specification, detailed schedule of finishes and detailed brief.
  • the Contractor takes the concept design and outline
    specification, costs it, then is engaged by Client to fully detail
    and then build it.

At the developed design and construction stages the Client is
in contract with:

  • The Contractor to provide both design and construction
    services – now a single point of responsibility
  • the Architect/LA ceases to be in a contractual relationship
    with the client and is ‘novated’ to the contractor i.e. the
    Contractor now employs the Architect/LA– the
    architect/LA provides design services directly to the
    contractor
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12
Q

Name the Contractural Relationship Type in which:

At the early design stages, Client is in contract with:

  • the Architect/LA to provide concept design, outline
    specification, detailed schedule of finishes and detailed brief.
  • the Contractor takes the concept design and outline
    specification, costs it, then is engaged by Client to fully detail
    and then build it.

At the developed design and construction stages the Client is
in contract with:

  • The Contractor to provide both design and construction
    services – now a single point of responsibility
  • the Architect/LA ceases to be in a contractual relationship
    with the client and is ‘novated’ to the contractor i.e. the
    Contractor now employs the Architect/LA– the
    architect/LA provides design services directly to the
    contractor
A

Design and Build with Novation Contractural Organisation

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13
Q

Characteristics of Design and Build with Novation?

A
  • Client has price certainty provided the scope of work does
    not change
  • Client can lose control of design
  • Architect/LA in extremely difficult role as direct access to
    Client may disappear.
  • Contractor may try to downgrade earlier design decisions
    to save money
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14
Q

What is the Design and Build Turnkey Procurement Model?

A
  • This is a design and build model but the contractor is now
    responsible for everything, including furniture and fit-out
  • Often used in industrial buildings
  • Could be used in office buildings
  • Client just walks in to completed project, including all fitout items
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15
Q

Characteristics of Management Procurement Models?

A
  • Contractor responsible for managing the works through
    separate trade contracts
  • No cost certainty at the outset (need contract cost plan)
  • Final costs only known after last trade package is tendered
  • Relatively low-risk for principal (in design and quality)
  • High risk for principal (in cost and time)
  • Principal appoints the consultants who prepare project
    drawings, specifications and cost plan
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16
Q

What are the two Management Procurement Models?

A
  • Management Contracting Procurement Model - MC
  • Construction Management Procurement Model - CM
17
Q

Who is the client in contact with in Management Contracting Procurement Model - MC?

A

Client is in contract with:

  • A Management Contractor - MC
  • The Design Team Manager
  • Design Team Leader
  • Other consultants
  • MC employs separate sub-contractors to undertake all the
    works packages – not the client
  • “Fast Track” procurement model; work starts on site as soon
    as the first work package is available and tendered
  • Client has more risk than in traditional procurement model
    but has more control over the work
18
Q

Who is the client in contact with in Construction Management Procurement Model - CM

A

Client is in contract with:

  • The Construction Manager -CM
  • The works contractors. The difference is that the trade or
    works contractors have a contract directly with the client
    not the Construction Manager
  • The consultants
  • CM usually manages trade Contractors and Consultants
  • The client remains involved in directing the project
  • Client has direct contract with trades and pays them
    directly (lower prices? Better cash flow certainty?)