Eric Flashcards
Procurement
The framework within construction is brought about, acquired or obtained
Contract Administration
Handling of the business relations between the parties to the contract
NZ Court System (High to Low)
Supreme Court, High Court, District Court
Building Act 2004 Objectives
Regulate building work, establish licensing practice, set performance standards
CPEng NZ 2002 Objectives
Registration system, quality control, code of ethics, complaints and disciplinary procosess
Construction Contracts Act 2002 Objectives
Protect retentions money, fair payment regime, fast and cost-effective dispute resolution
Contracts Contain:
Promise between capable parties, creates obligation, enforceable by law
Privity of contract
Only parties to a contract can sue
Elements of contract
Offer, acceptance, consideration, intention to be bound, capacity, reality of consent, legality
Rules of contract
Do what contract tells you to do, do not do what the contract tells you not to do
Tender award metrics
Lowest price, best qualified, best proposal at stipulated price, best value
Delivery model for high risk/complexity and large scale
Alliance
Delivery models for increasing risk, complexity and scale
Measure and Value, Design-Bid-Build, Design-Build
Design-Bid-Build Contracts
Architect/Engineer to Owner, Owner to General Contractor
Design-Bid-Build Advantages/Disadvantages
A: price fixed, the contractor takes risk, low owner involvement
D: long delivery time, low margins for contractor
Project Manager Agent Contracts
Architect/Engineer to Owner, Owner to General Contractor, Owner to Project Manager
Project Manager Agent Advantages/Disadvantages
A: low owner involvement, contractor sets price, best value, no risk for PM
D: Contractor assumes risk, high risk for contractor, low margins
Design-Build Contracts
Owner to Design-Builder
Design-Build Advantages/Disadvantages
A: Claims reduction, react rapidly to scope changes
D: Selection difficulty, large staff, additional risk
Alliance Characteristics
Major contarctors/consultants become stakeholders and share the gain/loss
Open book costing
Risk shared
PPP Characteristics
Public Private Partnership
- Large scale ($50 milllion +)
- Duration (25-35 years)
- High complexity
Design-Bid-Build Contract types
Lump Sum
Measure and Value
Cost Reimbursement
Cost Risk Sharing (Guaranteed Maximum Price)
Principal shares in cost savings if less than GMP
Contractor will not be paid more if it is in excess of the GMP
NZS3910 Bonds
The contractor provides a bond of 5-10% of the contract value to ensure performance under the contract
Provided within 2 months of tender acceptance
Who assumes the risk of a subcontractor?
Principal
Dual role of the engineer
Expert advisor to and representative of the principal
Independently value work and issue certificates
Who grants contractor time extension?
Engineer
Valid reasons for time extension
Any circumstance not reasonably foreseeable by an experienced contractor at the time of tendering and not due to the fault of the contractor
Construction Cost Estimate
Determination of probable costs of any given project
Parametric estimating
Top-down:
The project is divided into units of work, cost per unit is determined to calculate the total cost
First Principles Estimate
Bottom-up:
The process of building up prices and rates for an item or piece of work