Course Content:
OVERVIEW
Preparing the tender
• Preparing the Works Information – a detailed consideration of all the factors that need to be included in the Works Information. This is relevant for both Project Managers preparing to go to tender on behalf of an Employer and for Contractors preparing tender packages to their supply chain.
• Completing the Contract Data – a detailed review of the entries required in the Contract Data, Part One and Two. How to make the Contract Data more user friendly and the relevance of the entries to the terms.
• Site information – content and significance
• Risk allocation
• Risk of price – the different arrangements and what they mean, the significance of fee etc
• Signing the Contract
• Responsibility for ambiguities and conflict
• Risk and pricing risk
• Risk Register
• Tender Programme
• Development of the Activity Schedule under Options A and C
Contract Performance – Risk and Entitlement
• Design – standards and liability
• Ambiguity etc
• Accepted Programme –time, risk and float
• ‘Events’ on programme
• Quality, quality control, contract standards and administration
• Early warnings and risk reduction
• Building `mutual trust and co-operation`
• Managing the Risk Register
• Gaining foresight – a co-ordinated view of the contents of the Accepted Programme
and its interaction with the Communication and Early Warning mechanisms
• KPI’s
Payment mechanisms Main Options (A-F)
• Intricacies of different payment mechanisms. The 4 variations on how the payment mechanism works
• Detailed examination of the Schedule of Cost Components
• Assessing defined cost and disallowed costs
• Operating the mechanism
• Fee
• Interest
• Contractor’s share
• Timing of payment
• Bonus schemes
• KPIs
• Assessing defined cost and disallowed costs
Frequently Arising Problems/Queries
• What Clause 12.4 means when it refers to the ‘entire agreement’, and what is its purpose?
• What is the priority of contract documents?
• Should the parties use a form of agreement?
• I’ve heard that a written notice of an event is a condition precedent to the recovery of additional time and cost, but if we do not give notice and the Employer has prevented completion this can’t be right. How does the NEC3 address this?
• Dealing with Provisional sums, allowing for uncertainties
• Which party owns float?
• The works are complete, the Employer has taken over the works, but the PM is refusing to issue the completion certificate and the taking over certificate - the premise being that we have not provided as built drawings yet
• Programme - re float and time risk allowances are there industry standard formulas that can quantify these allowances i.e. similar to introduction outputs from CESMM3
• If a Contractor fails to meet a key date, is a pre estimate of damages reversible?
• The place for the weather data doesn’t have weather measurements and no assumed values are stated and we are in contract and dela
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