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Project managment > lecture 6 and 7 > Flashcards

lecture 6 and 7 Flashcards

1
Q

two types of public law

A

criminal law,

taxation law/revenue

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2
Q

private law

A

contract law

law of tort

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3
Q

other laws

A

international, national laws

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4
Q

sources of law

A

statutory -written by a body of legislators
(health and saftey, builidng act etc)
common law- is law developed by judges, courts,
Regulations-
By laws

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5
Q

Building act consists of (2004)

A

people must be able to use it saftely
can excape in fire
attributes that enhance peoples living
promote sustainable environment

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6
Q

health and saftey 1992

A

The Department of Labour administers and
enforces the HSE Act in most workplaces.
to promote the prevention of harm to all people at
work, and others in, or in the vicinity of, places of
work.
systematic

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7
Q

Chartered Professional Engineers of

New Zealand Act 2002

A
  • acts a registration
  • code of ethics
  • has professional body to make sure that happens
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8
Q

Construction Contracts Act 2002

A

timely payments
provide speedy resolutions for disputes
provide remedy for recovery of payments

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9
Q

Resource management act 1991

A 
to promote the sustainable management of natural
and physical resources, while
sustaining natural resources
mitigating negative effects
safeguarding air water etc
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10
Q

what is a contract

A

promise between able parties, that create an obligation that is enforable by law

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11
Q

privity of a contract

A

the relation between the parties in a contract which entitles them to sue each other but prevents a third party from doing so.

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12
Q

elements of a contract

A 
offer
acceptance
consideration
intention to be bound
capacity
reality of consent
legality
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13
Q

3 forms of contract

A

contract
deed
covenant -covenantor makes promise to do or not do somthing

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14
Q

Offer

A 
time dependant
can be revoked
comunicated
intending to lead to a binding contract
needs to be promissory
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15
Q

revocation of offer

A

can revoke before accepted
-scheduled revocation’good until’
offer revoked by counter offer -offeree asking for somthing else

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16
Q

so whats the order of things

A

invitation to treat
offer
acceptance
contract

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17
Q

a quote is an offer but must

A

state what work to be done
how long
rates

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18
Q

how must accept

A

formal notification
by placing an order
by implication (tacit)
by reliance (offer used in subsequent tender offer)

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19
Q

reaility of consent

A

mistake-wrong calcullation
missrepresentation -as an engineer you may give wrong information which leads contractor going into contract
duress-3rd party pressure to contract

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20
Q

Procurement

A

the framework within which
construction is brought about, acquired, or
obtained.

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21
Q

What is the difference between purchasing and procuring

A

procuring deals with the negotioation, and strategic selection of services and goods whereas purchasing is just odrering

22
Q

What is a procurement contract?

A

a contract where a buyer agrees to buy goods from a seller in exchange for consideration

23
Q

Rules of Contract Administration

A
  1. Read the contract!
  2. Do what the contract tells you to do!
  3. Do not do what the contract tells you not to
    do!
24
Q

list the delivery methods

A

-negotiated
-Design big build (traditional)-DBB
Design build (DB)
Project Manager Agent (CMA)
PPP
Alliances
Early contractor involvement

25
Q

DEsign BID BUILD

A

owner has contracts with engineer, and contractor seperatly. 3 players. 2 contracts.
3 phases, design bid build

26
Q

selection process for DBB

A

designer-qualifications based

contractor-lowest bid

27
Q

DBB advantages for owner and contractor

A 
owner-historically accepted
-price fixed before construction.
owner involvment is low
-contractor takes risk for construction
CONTRACTOR
-contractor sets price
owner involvement is low
innobvation=opportunity
28
Q

DBB disadvantages

A 
OWNER
-long delivery time
no adive during design
lead to change in scope
low bid not always low final cost.
COntractor
low margins
high risk for unforeseen conditions
29
Q

Project Manager Agent (CMA)

A

4 players, 3 contracts, owner to architect, manager and consultant
3 phases, desgin bid build

30
Q

Project manager agent selection process

A

PM-qual
A/e qual
QC low bid

31
Q

CMA advantages

A

OWNER
-increased representation
flexibility
increased value engineering

32
Q

project manager disadvantages

A

OWner
PM assumes no risk-owner holds contracts still
PM licensing not avaliable
higjh owner/PM invovlement

33
Q

Design and Build

A

4 players, owner A/E, GC and desing builder. 2 phases, design build
1 contract

34
Q

selection process

A

DB-qual and low bid

35
Q

DB advantages

A 
OWNER
-reduced duration
high constructability 
-claims reduction
DB
get both design and construction fees
good relationship with AE and GC
react quick to scope changes
36
Q

DB disadvantages

A 
OWNER
reduced involvement
difficulty of selection
DB
large staff
more risk
scope changes difficult to track
37
Q

whats the trend with these delivery processes

A

DB going up DBB going down CMA staying low

38
Q

comparison for cost

A

DB costs 4.5% less than DBB

DB cost 1.5%less than CMA

39
Q

why this difference in cost

A

DBB expensive bc phases dont overlap, timely, change in scope=big cost,.
CMA next as expensive bc price settled before design, less competion.
DB cheapest. fastest

40
Q

ALLIance

A 
costly to start
selection on qualification 
better quality
major contractors are now stakeholders
-group environment, creative
open book
risk sharing is major difference
41
Q

PPP

A

public private partnership
has to be larger than 50 mill
25-35 years
large projects

42
Q

PPP more characteristecs

A

output clearly measurable

delivers an asset not an avctivity

43
Q

more PPP

A

costed on whole life basis
high maintenance requirements-transfer maint
shift risk to private sector

44
Q

what was the result of the leighton works JV and what does it mean

A

the main contractor did not have to act fairly in choosing the subcontractors tender by law. this mean anyone tendering where the docunents fo not fully comply with the hoigh corurt criteria can have no expectatio that their tender will be treatred fair. or that late tenders willl not be sought.

45
Q

list the order of how tenders go down

A

contractor makes invitation to treat which includes conditions.
tenderer makes an offer, if it is non capable of acceptance it is a non conforming tender.
this is either accepted or negotiated

46
Q

first lot of steps in southern road project preperation

A

designation(land designated to be built on)
concept design
specimen design
PRINCIPAL REQUIREMENTS
consents (need specific details, no room for change after)
appeals

47
Q

Tender steps In Souther road project

A

interactive meetings
then supply quality premium
then tangible cost adjustment
then price evaluation with these two factors. lowest adjusted tender is used

48
Q

what is SQP

A

supply quality premium-track record, scale for risk

49
Q

what is TCA

A

tangible cost adjustment

adjust price for using different parts of other tenders

50
Q

what occurs during construction to assure no suprises

A

certification

51
Q

why do Consenting procedures work against DB

practice

A

because to get a consent for the project you need all specifications which leaves no room for changes which would normally be done in db. DBB is allg with consenting proceudres

52
Q

advantages and dis of the southern road project

A
  • increased competition throguh interavtive meetings

- reduced competition through reduced numbers of bidders

Project managment (12 decks)

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