Course Content:
OVERVIEW
WHICH CONTRACT FOR DESIGN & BUILD
• Consider the importance of getting the Contract arrangement right
• Review of standard design & build contract and sub-contract arrangements, including JCT and NEC. Also consider the position under PPC2000 and ICE Contracts, as well as the situation where the Contractor is to do part of the design
• Compare the approach and the arrangements for design & build work in the various forms
• Discuss the issues that arise in respect of design & build projects and how they are dealt with
PREPARING FOR TENDER
• Enquiry and Pre Contract information – getting the basis of the bid correct
• Gathering, publishing and providing site information
• Pricing arrangements including BQ, Contract Sum Analysis, Target Cost, Guaranteed Maximum Price
• Employer’s Requirements and Works Information documentation
• Questions of priority, ambiguity, discrepancy and work scope
• Incorporation of qualifications
• Scope and division of responsibility
THE ROLE OF THE EMPLOYER’S AGENT AND PROJECT MANAGER
• Authority, power and duty – limits and liability
• Reviewing the design and questions of responsibility
• Scope and nature of authority
• Duty to Contractor
UNDERSTANDING COLLATERAL WARRANTIES AND THIRD PARTY RIGHTS
• Review principles
DESIGN
• Design liability – standards and scope, design/workmanship comparison. Novation – process and liability of designer. Completing the design. The design submission procedure. Purpose of design checks and the status and affect of design comments. Professional indemnity insurance. Defects and design standards
THE WORKS
• Contractor’s general obligations. Use of sub-contractors. Quality requirements – materials, goods and workmanship. Checking quality. Instructions, defects and making good. Giving notices
LOOKING AFTER THE MONEY
• Use of contract sum analysis/BQ. Dealing with provisional sums. Compensation Events. Bonds, retention and advance payments. Interim payments and the status of the Contractor’s application. Paying for materials off-site. Withholding correctly. Consequences of wrongful payment. Changes to the requirements. Valuing changes. Loss and expense. Keeping track of changes and preparing the final account. Effect of the final statement. Recovering money. Interest on late payment. Securing a remedy. SPVs – rights and remedies
KEEPING TRACK OF TIME
• Accepted Programme; Access; Giving possession of the site. Progress, requirements. Relevance of the programme. Keeping records and monitoring progress. Postponement of work. Suspension. Delay and delay analysis. Granting extensions of time and adjusting the completion date. Provisions for sectional completion and early use. Completion. Delay damages. Rectification period. Making Good. Schedule of defects and notice of completion of making good
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