Lecture 6. Procurement I

Question 1

Examples of public law?

Answer 1

Criminal law

Revenue and taxation law

Question 2

Examples of private law?

Answer 2

Contract law

Law of tort

Question 3

What are the other laws apart from public law and private law?

Answer 3

International law and other national laws (lol).

Question 4

What are examples of statute law?

Answer 4

Building act 2004
Health and safety in employment act 1992
Resource management act 1991
Construction contracts act 2002

Question 5

What is the building act 2004?

Answer 5

• Regulation for the building work.
• Estab of a licensing regime for building practitioners
• Setting performance standards for building

Question 6

What does the building act ensure?

Answer 6

• 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

Question 7

What is H&S in employment act 1992?

Answer 7

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.

Question 8

What is ‘Chartered Professional Engineers of New Zealand Act 2002’?

Answer 8

Mark of quality (registration).
Registration system.
Requires code of ethics and a complaints and disciplinary process to apply.

Question 9

What is the construction contracts act 2002?

Answer 9

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

Question 10

What is the resource management act 1991?

Answer 10

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.

Question 11

What is a contract?

Answer 11

Promise
between two capable parties
that create an obligation
which is enforceable by law

Question 12

What is privity of contract?

Answer 12

Relation between two contracting parties.

Must be estab to assign responsibility.

Question 13

What is English Law?

Answer 13

Only a person who is a party to a contract can sue on it.

Question 14

What are the elements of a contract?

Answer 14

• Offer
• Acceptance
• Consideration (no in deeds)
• Intention to be bound
• Capacity (legally capable)
• Reality of consent
• Legality (must be legal subject)

Question 15

What are the forms of contracts?

Answer 15

Contract
Deed
- Covenant

Question 16

What is a Covenant?

Answer 16

Type of contract, covenantor makes promise to covenantee to do or not to do some action
- affirmative and restrictive covenant

Question 17

Facts around the offer?

Answer 17

Needs to be promissory
Written, verbal or implied
Intended to lead to a binding oblation by acceptance
Time dependence
Offer can be revoked
Communicated

Question 18

Whats the things around revocation of offers?

Answer 18

Withdraw before acceptance
Scheduled revocation (good until)
Offer revoked by counter-offer

Question 19

Contract process shortened:

Answer 19

Invitation to treat
Offer
Acceptance
= Contract

Question 20

What is a quote?

Answer 20

Offer to do the job for a certain price

Question 21

What should a quote show?

Answer 21

What work is to be done
When the work was to be done
Rates and costs

Question 22

Things around acceptance:

Answer 22

• 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)

Question 23

What happens if there is a mistake in consent?

Answer 23

If not fraudulent then common practice is to accept the mistake.

Question 24

What happens if there is misrepresentation in consent?

Answer 24

not sure…

Question 25

What is duress?

Answer 25

Pressure by a respecting 3rd party

Question 26

How can a contract be discharged?

Answer 26

Lack of performance
Agreement
Frustration
Operation of law
Breach of contract

Question 27

Define procurement:

Answer 27

The framework within which construction is brought about, acquired or obtained. (to procure = to obtain).

Question 28

Define contract administration:

Answer 28

Handling of the business relations between the parties to the contract.

Question 29

Define responsive:

Answer 29

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).

Question 30

Define responsible:

Answer 30

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).

Question 31

What is the award metric?

Answer 31

Formula by which the owner will determine the successful offeror.
(lowest price, best qualified, best proposal at situated price, best value).