Construction Projects are intrinsically complex in nature. It varies in different aspects such as size, nature, Contract Value etc. It involves different parties including the Client, Designer, Engineer, and the Contractor, whose interests vary from each other. Under these complex circumstances, the success of any project is dependent on the type of contract opted for the contract, along with several other factors such as the most appropriate design, askillful execution team, a good working relationship and mutual trust between the stake holders of the project.
The PMBOK guide has classified Contracts into three broad types namely Fixed Price or Lump Sum Contracts, Unit Price or Time and Material Contracts and Cost Reimbursable Contracts. The selection of the Contract type is largely dependent on the client’s adaptability to risks.
Among the three types of contracts, Lump Sum Contracts carry the least amount of Risks for the Client. In this type of Contract, the contract value as well as the start and completion dates is fixed before the contract is signed. The builder (Contractor) owns majority of the risks, and will be responsible for completing the works and handing over the project to the owner, on time, fulfilling all stated requirements of the project. In most of the Design-Bid-Build Projects, where the design is fully completed and the scope is clearly defined, Clients most commonly prefer Lump Sum Contracts. Medium sized or Large Lump sum contracts will
Hidan, L. (2011). Project management and engineering issues. Annals of the University Dunarea De Jos of Galati: Fascicle XIV, Mechanical Engineering. (1), pgs. 57-60
Over the past few years, the construction industry has been changing dramatically. One of the most important stages in the construction management and business management is the planning phase. They share similar two main levels of planning which are the strategic and operational planning. However, business management planning to decide in advance what should be done, and how to do it, when you do and you are done. On the other hand, Construction management strategic planning is to deal with selection on a high level of overall objective of the project, including the scope, procurement methods, schedules and financing options but the planning of operations, including the
Fixed-price contracts use a fixed total price for the defined product, service, or result to be provided. The seller has the most risk in this contract type because they are obligated to complete the contracts and they will have to pay financial damages if they do not complete it. In the cost-reimbursable contracts, cost reimbursements are involved with additional fee that represents seller profit. This contract type is flexible especially when the project scope changes. Buyers have the most risk in this contract because it is possible that sellers increase prices and fees in the process. The time and material contracts is a hybrid of the fixed-price contracts and cost-reimbursable contracts. Buyers have the most risk in this contract type because the contracts can be open-ended allowing the sellers to increase the price of materials or services.
Projects are used today as a way of achieving a variety of outcomes in local or international locations for new constructions, new product development, product improvement, process design, process improvement, utility installation, theory and technology development, and many more. Bringing a project to a successful conclusion requires the integration of numerous management functions like controlling, directing, team building, communication and others. It also requires cost and schedule management, technical and risk management, conflict and stakeholder 's management, and life cycle management.
In the construction business, where it is all about metal, concrete, heavy duty machines and equipment, words may find themselves a lot out of place. But over the years, they have proved their lethal might in the construction business where legal outings have become common. Shaped in the form of a contract, these words have found its rightful place of respect in the form of The International Federation of Consulting Engineers (commonly known as FIDIC), New Engineering Contract (NEC3), Royal Institute of British Architects (RIBA), Joint Contracts Tribunal (JCT), Infrastructure Conditions of Contract (ICC), etc. These are standard contract suites applied world over and each come with its own advantages and disadvantages. In this
Clough, Richard H, Glenn A. Sears, S K. Sears, Robert O. Segner, and Jerald L. Rounds. Construction Contracting: A Practical Guide to Company Management. , 2015. Print.
Two basic types of competitively bid construction contracts are lump-sum and the unit-price contract. The lump-sum contract is when the contractor agrees to complete all work for a pre-determined price including profit and the contract. The unit-price contract is when the contractor quotes work on units separately instead of entire project. Price is based on units of work performed, and cost varies depending on the quantities of units. Building the piers to support a large suspension bridge will
In construction projects, mostly the firms (in this case the firms become client) do not have the skills or develop skills inside the firms to undertake the projects due to amount of the projects should be conducted or the complexity of the projects (Reve and Levitt, 1984). Therefore, the economic decision to conduct the projects is to procure them to third parties. However, more commonly the client agonize the final quality of the projects will meet standard requirements. Thus, impacts to involvement of complex contracts of construction procurement.
Construction projects can be extremely complex and fraught with uncertainty. Risk and uncertainty can potentially have damaging consequences for the construction projects. Therefore nowadays, the risk analysis and management continue to be a major feature of the project management of construction projects in an attempt to deal effectively with uncertainty and unexpected events and to achieve project success. Risk is inherent on construction projects and disputes frequently arise. One in four construction projects results in a dispute that leads to arbitration or litigation. With large scale, complex projects the likelihood of serious, time-consuming and expensive claims increases.
It is clear to see that throughout the project the tasks and progress were monitored very closely. The project is heavily dependent on the resources provided by its shareholders and in turn they rely on regular updates to reassure them on their investment. In the construction and building industry the methods and application of project management tools are very reliable and well tested. Therefore, it could benefit the project if the it was managed with detailed and defined practises and also follow standards set and agreed upon on a international level.
terms of time can be managed in this scenario, as there is no specific delivery
There are many different aspect that will have key roles in the project management process. The presence of triple constraint will impact the project process. The relationship between the project scope, cost, and time will determine what changes will be implemented. These factors also impact the quality of the project and the knowledge of this will aid in the decision making process. The initial planning process of a construction project will be examined. A statement of need, goals and objectives, the stakeholders and project requirements, and project scope must be outlined. All of these areas will aid in the initiation and planning phase of the project. To ensure a smooth completion a project manager must understand the constraints involved and the development of the initial plan of the project.
When engaging in a construction contract, time is of the essence and running over time projections can cause literally millions of dollars in additional non-contract costs. Therefore, construction contracts that can provide incentives to complete the project on time or early are beneficial because they effectively penalized contractors who fail to deliver on-time performance. With a CPIF contract, the
This type of procurement strategy is a ‘fast track’ strategy. Client pays a sum of money to hire a management contractor to manage the whole construction project. Therefore, some early work can be carried out before the design is complete. The contract for the construction projects are between the management contractor and sub contractor. The final cost for the project can not be identified until the final work has been awarded.
For this assignment the writer is going to discuss the nature and types of construction contracts and will explain the legal responsibilities of the various parties involved in the design and the construction process.