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What is the nature of construction contract
Nature of construction contract
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The purpose of the construction contract is to distribute the duties between the different parties involved, distinguish and allocate the risk to the different parties, reduce the uncertainty surrounding the project and finally allow the parties to plan for the project and the future (Fortney, 2009). A contract is ultimately an agreement between two or more parties in which they agree to provide a specific task in exchange for something in return. The type of contract is simply the format in which the owner pays the contractor for the services.
Selecting the right procurement route can have a direct impact on the level of success to a project. There are various items that must be factored before making a decision including: size of the project,
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Commonly, the level of control retained by the owner links with the level of risk, and those levels typically have an transposed relationship to the risk and control levels of the contractor (CMAA, 2012). Not all of these delivery methods is suited for every project. For each situation, there will be advantages and disadvantages in the use of any specific method. One needs to carefully assess the specific project requirements, goals, and potential challenges in order to establish the delivery method that offers the best opportunity for success (CMAA, 2012).
With a variety of procurement routes to choose from, how can one facilitate the selection of the most appropriate construction contract and avoid situations where the owner insists on using a less appropriate one? How do we begin to focus the conversation on training, and updating efforts to create a reduced number of documents (Construction Canada, 2014)? In the next chapter this dissertation will further analyse the trends and investigate how different procurement routes naturally align themselves in certain asset classes in
Based on the textbook and my understanding, whenever there are negotiations between a procurer and a supplier regarding a competitive bidding, the first thing that might be favored is the scope of the project, meaning both will sit down and discuss the entire project prior the work begins. Meanwhile, during the negotiations, evaluation criteria should be clear, and stated and defined. As the evaluation is based on the criteria stated and the procurer can request or ask the supplier’s opinions on certain specifications and where things can be improved.
To select a suitable procurement strategy for a construction project, there are some issues which need to consider. From all of those issues, there are 3 big issues that mainly affect the selection decision which are time, cost and quality. There is several type of procurement strategy available in market that commonly used for construction project and each of the common method will be analyze and compare to find the most appropriate method for this project. The choice of procurement strategy is very important to the success of a construction project. Therefore, the characteristic of each strategy have to analyze and also its relative advantages and disadvantages. A recommendation of most appropriate procurement strategy will be made after analyzed the all factor that affect the procurement selection.
In general, there are different types of procurement type for various situations due to no one method can be suitable under the all different construction project. In this case, there are four procurement paths, which are traditional, design and build, management and design and manage, will be advised to use. However, each method has different aspects of advantages and disadvantages.
...f project. Furthermore, the successes of a project can be guarantee by identifying the procurement variables that have a major influence on risk management such as project delivery method, form of payment, and the use of collaboration or partnering arrangements. However, many projects suffered from variations in cost affecting in the present which is the risk management was not carried out consistently throughout the project stages. Nevertheless, in the projects with early involvement of the clients and their participation, the chances for open talks and collaboration throughout suitable procurement selection can produce an efficient risk management procedure for the project. While project delivery methods define formal risk allocation, the use of incentives and collaboration or partnering arrangements help to establish a collaborative approach to risk management.
Project Procurement Management is defined by the Project Management Institute (PMI) (2013) as a set of defined processes that support the acquisition of products, services, or results. The success or failure of a project is accredited to the project team’s ability to balance scope, schedule, and cost constraints. The need for procurement management increases the project’s level of complexity and likelihood of risks. Moreover, the procurement management processes are a project within a project. This singular knowledge area produces a procurement scope document, contractual agreements, and management plan, which align with the project management plan and objectives. Procurement processes play an essential role in the success of the project. Receipt of procurement deliverables drives the potential for the timely achievement of project objectives and managing costs. Procurement
This paper examines the legal aspects of procurement management and specifically how procurement management can be used as an effective tool for the overall management of a project. This paper focuses on the basics of common contract laws, the basics of agency law, the Uniform Commercial Code (UCC), and some aspects of that pertaining to the Federal Acquisition Regulations (FAR). A summation of the company’s position in relation to a given supplier (provided the company decides not to procure all of the material in a contract) will be examined along with how that position is strengthened by understanding the legal aspects of procurement management. Finally, the paper will analyze how the project manager is supported by the contract management function. Fleming (2003) posited that there is a clear and important distinction that should be made that delineates the work of the project from the inside work of the company.
A contract is an agreement which has its specified terms and conditions between two or more parties in which there is a promise to do something in return for a benefit.
The definition of a contract is 'a promise or set of promises which the law will enforce. That is to say, the contract can be defined as a legally binding agreement between two parties or exchange of promises whereby one party undertakes to provide something in return for something else from another party. In contract, the rights and obligations are created by the acts of agreement between the parties to the contractual arrangement. Contract conditions are to set out the principal legal relationship between the parties to a construction project, determining the allocation of risk, price and consequently. There is a need of contract in between the parties of construction industry to make sure the construction carry out smoothly and standardized. In the procurement of construction, contracts are including standard form, modified form and bespoke form. Modified form of contract is developed based on standard form of contract
This paper will reflect on the different uses of Project Risk Management and ways in which it can benefit organizations to have the ability to identify potential problems prior to the problem occurring. Risk, this is not something to be taken lightly whilst dealing with matters that include high end projects meeting specific details, deadlines and expectations for the end client. Project risk management teaches one to be aggressive early on in the phases of planning and implementing the tools for a project. This is usually easier as costs are less and the turnaround time to solve the issues at that present moment is beneficial rather than later. The result in a successful project for one’s self and other key people involved in the process is also another requirement. Stakeholder satisfaction is important because the
A contract is a legally binding agreement between two or more parties which is enforceable by law. A contract can be defined as a promise or set of promises. A contract is an agreement so, it is not really necessary to be in writing, it could be made orally as well. There should be free consent of parties when they enter into the contract.
Construction projects are complex, having a long production cycle and involving many participants and they are therefore, associated with risks and uncertainties. It is important for a client to know how, and to what degree, risk has consciously been passed to another organizations, or how it has been shared in some proportion between him and another organization. For design and built method, all the risks can lie almost wholly with the contractor (Turner,
The types of contract requirements can determine the type of contract that will be assigned to the acquisition process. The contracting team will determine what type of contract best suites the requirements from the project manager. This can be Firm-Fixed Price, Previously Acquired Services, Cost Reimbursements, Time and Material/Labor Hour. Each of which have unique aspects that the CO should advise which one to select.
This paper will focus on the concepts of project procurement management and the impacts it can have on the overall success of a project. The paper contains four sections, which focus on a few major tentacles of project procurement management. Section one, describes in detail all of the components that are involved with project procurement management. Section two, summarizes the major project procurement processes, which the Project Management Institute (PMI) view as appropriate for successful execution of projects. Section three, describes the various benefits of categorizing procurements into generic families. Lastly, Section four, will summaries the importance of project procurement management in the overall project management process.
The bidding process of a project is the phase where cost planning and assessment of value for money should be made. This process is critical for a Client, as it is against this output that project performance would be measured. To effectively plan cost during this stage, the recommended best practice is for clients is to applied cost planning at the earliest stages of project planning. This could be during the project definition phases of the project. For instance, consideration can be given to the start and finish dates of the project, particularly if the cost a executing a project during winter months are grossly higher that doing the same scope of work in the warmer months. Cost plann...
The purpose of determining requirements of procurement is that in this stage of the planning we decide on the direction we want the project to take. Important decisions need to be made regarding the resourcing of tasks, using internal capabilities or to procure those resources externally. When we are resourcing we are looking for the best way to get the work ahead completed. Using internal capabilities means that we use the resources that we already have to complete the work ahead and to procure resources externally means that we search for a supplier that will complete the work ahead to a satisfactory quality and schedule for an agreed cost. Key considerations to look at would be that a general rule of thumb is that poor procurement planning