PowerPoint - Construction Engineering
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Transcript PowerPoint - Construction Engineering
A Guide to Standard Forms of
Construction Contracts
(Source: Rethinking Construction, 2004)
The need for contracts
The transition from successful design to
successful project completion requires the
selection of a contract which reflects the
aspirations of all Parties involved and meets the
demands of the project.
Key criteria must be identified and risks allocated
before the form of contract is selected.
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Client Requirements
Balance of time/quality/cost
Can be defined by following criteria:
Speed – design & construction
Separation of design & construction
Cost certainty
Dealing with complexity
Client involvement
Capacity for variations
Clarity of remedies
3
Procurement Method
Choice of contract dependant on procurement
method
General contracting
Design & build
Construction Management
Partnering
Management contracting
4
Risk
The allocation of risk is a major element of any contract.
Contractor includes cost of risk in tender calculation
E.g. ‘Price certainty’ is bought by paying the contractor
to accept the risk in a changing commercial market
Degree of risk must therefore be assessed and the
economics of risk apportionment assessed – part of
‘best value’ calculations
Key areas of risk are:
Default
Delay
Quality
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JCT 98: Standard Form Building Contract
6 versions; private, L.A., +/- quantities, approx. quantities
A much used standard form
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JCT: IFC (Intermediate Form of Building Contract)
Used for well specified traditional building work without complex
service packages. With or without BoQ
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JCT: MW 98, Agreement for minor work
For small & simple works, Conditions give bare outline of duties
& responsibilities. Risk allocation very simple
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JCT: PCC 98 Prime cost contract
Cost plus contract, works not fully defined, all work on instruction
of Architect
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JCT: CD 98 Standard form with contractors design
Let on basis of ‘Employers Requirements’ and performance
specification
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JCT: MC 98 Management contract
All works sub contracted, main contractor coordinates
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JCT: MTC 98 Measured term contract
Used for regular maintenance or repeating minor works
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JCT Construction management contract
Alternative clauses give flexibility, tailored for specific contract
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ICE Conditions of Contract
Work to satisfaction of the Engineer, who has high powers of
control
15
FIDIC Conditions of Contract
Engineer employed as Client’s agent (as JCT 98)
2 parts – 1)General Conditions, 2)Project specific conditions
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NEC - Engineering and Construction Contract
Core clauses common to all projects plus suite of alternative
procurement options
Common in Partnering Agreements, written in plain English,
promotes team approach
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Conclusions
Many forms of contract have developed
The initial form has often been amended to suit
particular role definitions and issued as a separate
standard document
The type of contract influences;
Degree of client involvement
Design & management separation
Complexity
Variations
Speed
Cost certainty and
RISK APPORTIONMENT
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