Lecture 6. Procurement I Flashcards
Examples of public law?
Criminal law
Revenue and taxation law
Examples of private law?
Contract law
Law of tort
What are the other laws apart from public law and private law?
International law and other national laws (lol).
What are examples of statute law?
Building act 2004
Health and safety in employment act 1992
Resource management act 1991
Construction contracts act 2002
What is the building act 2004?
- Regulation for the building work.
- Estab of a licensing regime for building practitioners
- Setting performance standards for building
What does the building act ensure?
- People who use building can do safely.
- Building have attributes that contribute appropriately to the health, physical independance and well being of the people who use them.
- People can escape if there is a fire
- Sustainable development
What is H&S in employment act 1992?
Promote the prevention of harm to all people at work and others in or around the vicinity of the place of work.
- Applies to all work places and duties
- Emphasis on systematic management of H&S at work
- Department of Labour administers and enforces most work places.
What is ‘Chartered Professional Engineers of New Zealand Act 2002’?
Mark of quality (registration).
Registration system.
Requires code of ethics and a complaints and disciplinary process to apply.
What is the construction contracts act 2002?
Reform the law relating to construction contracts, in particular
- regular and timely payments between the parties
- speedy resolution of disputes
- provide remedies for recovery of payments
What is the resource management act 1991?
Promote sustainable management of natural and physical resources.
- meet reasonable foreseeable needs of future generations
- safe guarding the life support capacity of air, water, soil and ecosystems.
- avoiding, remedying, mitigating any adverse effects of activites on the environ.
What is a contract?
Promise
between two capable parties
that create an obligation
which is enforceable by law
What is privity of contract?
Relation between two contracting parties.
Must be estab to assign responsibility.
What is English Law?
Only a person who is a party to a contract can sue on it.
What are the elements of a contract?
- Offer
- Acceptance
- Consideration (no in deeds)
- Intention to be bound
- Capacity (legally capable)
- Reality of consent
- Legality (must be legal subject)
What are the forms of contracts?
Contract
Deed
- Covenant
What is a Covenant?
Type of contract, covenantor makes promise to covenantee to do or not to do some action
- affirmative and restrictive covenant
Facts around the offer?
Needs to be promissory Written, verbal or implied Intended to lead to a binding oblation by acceptance Time dependence Offer can be revoked Communicated
Whats the things around revocation of offers?
Withdraw before acceptance
Scheduled revocation (good until)
Offer revoked by counter-offer
Contract process shortened:
Invitation to treat
Offer
Acceptance
= Contract
What is a quote?
Offer to do the job for a certain price
What should a quote show?
What work is to be done
When the work was to be done
Rates and costs
Things around acceptance:
- Formal notification of acceptance
- Accept by placing order
- Accept by standard of industry (if tender is accepted, - contract is formed)
- Accept by reliance (offer used in subsequent tender offer)
- Tacit accept (implied)
What happens if there is a mistake in consent?
If not fraudulent then common practice is to accept the mistake.
What happens if there is misrepresentation in consent?
not sure…
What is duress?
Pressure by a respecting 3rd party
How can a contract be discharged?
Lack of performance Agreement Frustration Operation of law Breach of contract
Define procurement:
The framework within which construction is brought about, acquired or obtained. (to procure = to obtain).
Define contract administration:
Handling of the business relations between the parties to the contract.
Define responsive:
All terms in the solicitation are met satisfactorily.
(form filled out correctly, authorised signatories, tender offer displayed as required, submitted as directed on time, correct locations).
Define responsible:
Meets the requirements to submit offer.
(prequalified if required, registered with appropriate governmental agency, tender offer contains required financial instruments/securities, tender is not a felon).
What is the award metric?
Formula by which the owner will determine the successful offeror.
(lowest price, best qualified, best proposal at situated price, best value).