lecture 6 and 7

Question 1

two types of public law

Answer 1

criminal law,

taxation law/revenue

Question 2

private law

Answer 2

contract law

law of tort

Question 3

other laws

Answer 3

international, national laws

Question 4

sources of law

Answer 4

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

Question 5

Building act consists of (2004)

Answer 5

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

Question 6

health and saftey 1992

Answer 6

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

Question 7

Chartered Professional Engineers of

New Zealand Act 2002

Answer 7

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

Question 8

Construction Contracts Act 2002

Answer 8

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

Question 9

Resource management act 1991

Answer 9

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

Question 10

what is a contract

Answer 10

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

Question 11

privity of a contract

Answer 11

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

Question 12

elements of a contract

Answer 12

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

Question 13

3 forms of contract

Answer 13

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

Question 14

Offer

Answer 14

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

Question 15

revocation of offer

Answer 15

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

Question 16

so whats the order of things

Answer 16

invitation to treat
offer
acceptance
contract

Question 17

a quote is an offer but must

Answer 17

state what work to be done
how long
rates

Question 18

how must accept

Answer 18

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

Question 19

reaility of consent

Answer 19

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

Question 20

Procurement

Answer 20

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

Question 21

What is the difference between purchasing and procuring

Answer 21

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

Question 22

What is a procurement contract?

Answer 22

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

Question 23

Rules of Contract Administration

Answer 23

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!

Question 24

list the delivery methods

Answer 24

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

Question 25

DEsign BID BUILD

Answer 25

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

Question 26

selection process for DBB

Answer 26

designer-qualifications based | contractor-lowest bid

Question 27

DBB advantages for owner and contractor

Answer 27

``` 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 ```

Question 28

DBB disadvantages

Answer 28

``` 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 ```

Question 29

Project Manager Agent (CMA)

Answer 29

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

Question 30

Project manager agent selection process

Answer 30

PM-qual A/e qual QC low bid

Question 31

CMA advantages

Answer 31

OWNER -increased representation flexibility increased value engineering

Question 32

project manager disadvantages

Answer 32

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

Question 33

Design and Build

Answer 33

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

Question 34

selection process

Answer 34

DB-qual and low bid

Question 35

DB advantages

Answer 35

``` 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 ```

Question 36

DB disadvantages

Answer 36

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

Question 37

whats the trend with these delivery processes

Answer 37

DB going up DBB going down CMA staying low

Question 38

comparison for cost

Answer 38

DB costs 4.5% less than DBB | DB cost 1.5%less than CMA

Question 39

why this difference in cost

Answer 39

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

Question 40

ALLIance

Answer 40

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

Question 41

PPP

Answer 41

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

Question 42

PPP more characteristecs

Answer 42

output clearly measurable | delivers an asset not an avctivity

Question 43

more PPP

Answer 43

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

Question 44

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

Answer 44

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.

Question 45

list the order of how tenders go down

Answer 45

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

Question 46

first lot of steps in southern road project preperation

Answer 46

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

Question 47

Tender steps In Souther road project

Answer 47

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

Question 48

what is SQP

Answer 48

supply quality premium-track record, scale for risk

Question 49

what is TCA

Answer 49

tangible cost adjustment | adjust price for using different parts of other tenders

Question 50

what occurs during construction to assure no suprises

Answer 50

certification

Question 51

why do Consenting procedures work against DB | practice

Answer 51

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

Question 52

advantages and dis of the southern road project

Answer 52

- increased competition throguh interavtive meetings | - reduced competition through reduced numbers of bidders