MA6084 Procurement And Contract Management

MA6084 Procurement And Contract Management

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MA6084 Procurement And Contract Management

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MA6084 Procurement And Contract Management

1 Download5 Pages / 1,073 Words

Course Code: MA6084
University: Nanyang Technological University

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Country: Singapore

Questions:
Question 1a) Explain the various types of Construction Contracts. b) What are the differences among these various types of Construction Contracts?c) Provide an example for each type of Construction Contract.Question 2 a) Explain the process of Construction Contracting. b) What are the key important elements of Construction Contract?c) Explain the various elements of Construction Contract and provide examples to illustrate these elements of Construction Contract..Question 3a) Explain the various remedies of Breach of Contract. b) What are the Limitations of Contract Remedies?Question 4 a) Explain the various steps in Procurement Management of an Organisation from start of Construction requirement to Final Acceptance of a Project. b) What are the various factors to consider in the contractual procurement management? Provide brief description for each factor.Question 5a) Explain the various ways of selection contractor for a project.b) Explain the various contractual relationship in a Construction Contract. Question 6 a) Explain the various information to be included in a contract documents for a construction project (e.g. building project)?b) Explain the various documents normally included in a Contract for building projectQuestion a) Global Polytechnic schedules a painting of the steel structure of an open walkway canopy (between Building A and Building B) as well as the steel structure and ceiling (enclosed) along the escalator from Level 1 to Level 2 (Building B). There is a long stretch of escalator (both direction), escalator height of 8m from Ground Level to Level 2 and the height between the Ground Level to the ceiling is 12m.You have been appointed as a Project Manager of the Management Consultant for Global Polytechnic. Explain the process of contract and procurement for the painting works.
Answers:

Question 1
Types of Construction Contracts
Fixed price contracts
This is a type of contact which includes penalties for the missed deadlines and benefits for early termination. The contract is usually used when the risk needs to be transferred to the builder, and at the same time, the client wants to avoid change orders for the unspecified work (Surahyo, 2017, p. 347).
Cost plus contract.
This type of contract involves the payment of the actual purchases, costs or other expenses that are generated directly from the construction activities.
Time and material contracts
This kind of construction construct is preferred in situations where the scope of the project is not clear. In this contract, the client and the contractor must establish agreed rates, which includes additional expenses which could arise in the process of construction.
Unit pricing contract
In this contracting the unit prices usually help during the order process as the client requests for specific quantities and the pricing of each unit to for the pre-determined amount of the unutilized items.
Differences between the construction contracts.
Cost plus contract is usually used in the situations where the scope of the project is a subject to confirmation while time and material contract is used in the situations where the scope of the project is not clear (Collier, 2015, p. 430).
The fixed price contract explains the benefits and the limitations associated with the completion of the project in regards to the deadline while others do not.
Examples of construction contracts

Contract

example

Time and material

the contractor is paid by the actual cost of direct labor, usually at specified hourly rates

Unit pricing contract

Horizontal construction, such as roads

Fixed price

a web designer can offer a fixed-price contract for the design of a website

Cost plus

the contractor paid for all of its allowed expenses

 
QUESTION 2
The process of construction contracting
The process of contracting involves the following steps
Planning
Initiation
Awarding  
Contract
Implementation
The figure below is an illustration of the contracting process in construction. 
Elements of a construction contract
The following are the elements of a construction contract.

Full names, signatures, and address of both parties
Scope of work
Project costs and terms of payment
Schedule of work
Authority

Scope of work
This element of a contract should be in details, explain the services to be offered which include a description of the materials, grade, quality, schedule of work, and other specifications pertinent to the construction of the project for example including the bill of quantities in the contract.
Project costs and terms of payment
There should be no confusion in the contract as to the cost of services included in the contract, for example, the schedule of payment and the terms and conditions of payment.
Schedule of work
This is an established clear notice to proceed, the construction start date and the completion date of the construction project
Authority
This involves the clear outline of who has the authority to make decisions during the construction of the project — for example, the clear outline of duties of all parties involved in the construction contract.
Question 3
remedies of Breach of Contract
Compensatory damage for the breach of the contract. This is the most common remedy for the breach of contract whereby one party seeks compensation for the financial losses due to the breach of contract.
Punitive damages for breach of contract. The actual damages or compensatory covers the loss the non-breaching party incurred because of the breach.
Restitution in breach of contract cases explained. Restitution is a remedy which is designed to restore the injured party to its original state before the contract was developed (O’Reilly, 2017).
Specific performance of the contract. This is a remedy for the breach of a contract in which the court forces the breaching party to perform the services or deliver the goods as per the agreement.
Rescission in breach of contract cases
Rescission is usually a remedy which is used to end the contract when the parties which entered the contract by way of fraud or mistake.
 Limitations of Contract Remedies
Delay, i.e., if any party in the contract is a victim of fraud, he or she must act promptly  order to rescind at the common law, or she will lose the rights, and the remedies will be limited.
The certainty of the damages, I.e., the person will be able only to recover the number of damages which the law can be able to prove with substantial certainty.
Foreseeability, i.e., if the damages which come from the breach of the contract lack foreseeability, they will not be recovered (Clough, 2017, p. 502).
Loss of power of avoidance.
Question 4
various steps in Procurement Management of an Organization
The steps involved in procurement management are as follows;

Need for recognition whereby each organization need for the product they require
Specific needs
Source option
Price and terms
Purchase order
Delivery
Expediting
Receipt and the inspection of the purchases
Payment and invoice approval
Record maintenance

factors to consider in the contractual procurement management
proper strategic drafting of the right contract
Correct evaluation of the contract
Monitoring of the contractor’s performance
Adaptability
Taking preventive and initiative actions
The qualification, knowledge and the experience of the contract management team
Question 5
ways of selection contractor for a project
References and referral
Integrity
 and a good working relationship
Considering experience
Budget and schedule compliance
Sustainability and energy efficiency
the contractual relationship in a Construction Contract
Risks
Responsibilities
Supplies
Acceptance
Warranty
Payment
Question 6
information to be included in a contract documents for a construction project
Title and purpose of the project
Description of the project to be carried out
Payment schedule
Cot estimate
Insurance information
Client and contractor credentials
Materials
Warranty
Exclusions
Documents to be included in contract documents for a construction project
Article of agreement
Both architectural and engineering drawings
Specifications
A schedule of tender adjustments
Schedule of work
Working drawings.
Question 7
the process of contract and procurement for the painting works
The process is carried out as follows.
Qualifying contractors
Preparing specifications
Evaluating Bids
Awarding the contract.
References
Clough, R. H., 2017. Construction Contracting: A Practical Guide to Company Management. 3rd ed. Chicago: John Wiley & Sons.
Collier, K., 2015. Construction Contracts. 4th ed. London: Merrill/Prentice Hall.
O’Reilly, M., 2017. Civil Engineering Construction Contracts. 2nd ed. London: Thomas Telford.
Surah, A., 2017. Understanding Construction Contracts: Canadian and International Conventions. 1st ed. London: Springer, 

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