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ENCN371 > Week 1 > Flashcards

Week 1 Flashcards

1
Q

What is a Contract?

A

Promise:
- between capable parties
- creates obligation
- enforceable by law
Dispute hearing:
- is it a contract?
- if so, what is the exact meaning of the working

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2
Q

Types of Laws

A

Public Law:
- Criminal law
- Revenue and taxation law
Private Law:
- Contract law
- Law of tort (Happiness)
International Law

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3
Q

Sources of Law

A

Statute Law:
- Building act
- Health and Safety
- Construction contracts
Common law
Secundary Law (codes, standards, regulations)
By-laws

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4
Q

What is the purpose of Building Act

A
  • Performance Standard
  • Safe
  • Evacuation
  • Sustainable
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5
Q

What is the purpose of CPEng

A

Mark of Quality
Registered System
Code of ethics, disciplinary

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6
Q

what is the purpose of Contracts

A

Protection
Fair and balanced
fast and effective dispute resolution
enforcement

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7
Q

what is Privity of Contract

A

The relation between two contracting parties - only the person who is a party of the contract can sue on it

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8
Q

what are the 2 forms of contract

A

Contract

Deed - Covenant

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9
Q

Contract elements

A

Offer
acceptance
consideration
capacity
legality
intention to be bound
consent

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10
Q

what is an offer

A

a promise
expressed or implied
intend to be in a binding obligation
time dependency
revocable

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11
Q

what are offer revocations

A

withdraw before acceptance
Schedules revocation “Good until”
Offer revoked by counter-offer

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12
Q

what is a Quote

A

an offer to do the job, quoting person is bound by the offer

should include: work type, dates, rates and costs.

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13
Q

How do you accept an offer

A

Formal notification
placing an order
standard of industry
reliance
tacit acceptance

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14
Q

what does Capacity mean in terms of contract law

A

whether the person have ability to enter contracts
- age
- unintoxicated

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15
Q

what is the reality of Consent

A

Mistake - e.g. wrong calculation (common practise is to accept)

Misrepresentation
Duress

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16
Q

what are the Interpretation aspects of a contract

A

Implied vs expressed
correspondence
Language
Exclusion

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17
Q

what is Discharge

A

suspend contract
- performance
-agreement
-frustration
-operation of law
-breach

18
Q

what are the Tender qualities

A

Responsive: All terms are met

Responsible: meets the requirements to submit offer

19
Q

how are Tenders Selected

A

Award metric
- lowest price
- best qualified
- best proposal at fixed price
- best value

20
Q

name the types of Delivery Methods

A

Negotiated
DBB
Design and construct
Project Manager Agent
Alliances
PPP

21
Q

what is DBB Design-bid-build (traditional) method?

A

3 Linear Phases
3 Primary Players
2 Contracts

designer - qualification
GC - lowest bid

22
Q

what are DBB advantages

A

Owner:
- Historically accepted
- Fixed price
- Low involvement
- Contractor takes risk
Contractor
- Contractor sets price
- Innovation = opportunity

23
Q

what DBB disadvantages

A

Owner:
- Long delivery time
- No advice during design
- Can have conflicts
Contractor:
- Low margins of profit
- High risk for unforeseen conditions

24
Q

what is PMA (project manager agent)

A

3 Linear phases
4 Primary players
3 Contracts (all with owner)

PM - qualification
A/E - qualification
GC - lowest bid

25
Q

what are PMA Advantages

A

Owner
- Increased representation
- Independent evaluation
- Increased constructability
- Increased value engineering

Contractor
- Contractor sets price
- Owner involvement low
- Innovation

26
Q

what are PMA Disadvantages

A

Owner:
- PM assumes no risk
- not guarantee cost
- PM licensing not available
- High owner/pm involvement

Contractor
- low margins
- high risk for unforeseen conditions

27
Q

what is Design and construct
(Design-build) method

A

2 continuous phases
2 primary players (owner - db)
1 contract (owner - db)

DB - qualifications/low bid

28
Q

Design and construct
(Design-build) Advantages

A

Owner:
- sole responsibility
- reduction of project duration
- high constructability
- claims reduction

Contractor
- receive both design and construction fees
- non-adversarial relationship
-react to scope changes

29
Q

Design and construct
(Design-build) Disadvantages

A

Owner
- fewer checks and balances
- reduced owner involvement
-difficulty of selection
Contractor
- Large staff
- additional risk
- scope changes are difficult to track

30
Q

what is an Alliance

A

major contractors and consultants become stakeholders.
form a group of innovation and cooperation to manage the project.

31
Q

what are Alliance details

A
  • qualification based
  • initial scheduling and designs
  • higher initial cost but better outcome value
32
Q

what is PPP (Public-Private-Partnership)

A
  • Large scale
  • Long duration
  • complex

-output focused
-private expertise required
-asset delivery
- high maintenance requirements
-risk transfer
-opportunity for innovation
-value for money

33
Q

Define:

Practical completion

Provisional sum

Prime cost amount

A
  • Practical Completion:
    when all building work is completed
  • Provisional sum: sum that can be used when there is not enough detail to set a fixed price
  • Prime cost amount:
    the estimated cost that can be adjusted later
34
Q

What is Adjudication

A

Last resort, the step before a lawsuit

35
Q

what is Cost risk sharing

A
  • Actual cost is compared with an agreed cost.
  • If actual cost exceeds the target cost, they will be allocated as agreed by the parties.
    -Helps to align the interest of the parties.
36
Q

what is Guaranteed maximum price (GMP)

A
  • A Principal shares in cost savings
  • Contractor will not be paid more if it is in excess of the GMP
37
Q

What is bonds

A

a guarantee that the terms of a contract are met. If the contractor fails to met the conditions, the owner can claim the bond to recover financial losses

38
Q

what is retention

A

am amount withheld by Party A to a contract as security for the performance Party B

39
Q

What is subcontracts/subcontractors

A

The engineer/contractor may subcontract out to a 3rd party to supply materials or services under a contract.

40
Q

what are the risks of using subcontractors

A

if the sub behind on schedule, it will result in an extension of the project time for the contractor

ENCN371 (7 decks)

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