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Construction indistry and roles and responsabilities, RIBA Plan of work,…
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RIBA Plan of work
1 - briefing
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Ensure the project is functionally, technically and financially
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control functions
Check site boundaries, title deeds etc
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7 - Use
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Update project information, in response to client feedback
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Building contract types
Traditional:
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One or Two Stage
Two stage
Same responsibilities as Traditional: Sequential, but Contractor’s tenders are based on a partially-developed design by the Consultants. The successful Contractor then assists with the final development of the design and costing (often by Sub-contractors).
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Design & Build
Full, direct.
The Client directly approaches a single Contractor, perhaps with a proprietory building system, or a reputation for good design, and requests a quotation to fully design & build a bespoke project, based on limited Client Requirements.
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Full, competitive.
The Client approaches a few Contractors and requests competitive tenders to fully design & build a bespoke project, based on limited Client Requirements.
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Partial, Novated
The client initially appoints a Design Team to carry out early stages design, possibly including Planning Permission, then tenders and appoints a Contractor to complete the design and carry out construction.
Sometimes the Client’s Design Team are ‘novated’ ie transferred to the Contractor’s appointment, or Contractor can appoint a different Design Team.
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overview
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Places responsibility for both the design and the construction with the Contractor, usually for a lump-sum price.
Unless the design is very simple, eg industrial shed, the Contractor will appoint an Architect to carry out the design work.
Because the design and the construction can proceed in parallel, the overall procurement programme can be shortened.
advantages
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More cost certainty, so long as Client doesn’t introduce variations.
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disadvantages
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If Design Team are “Novated”, ie transferred from Client to Contractor appointment, they can experience a “conflict of interest” and must remember who is currently their master.
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Management Contracting
Used where Client requires control over design but also requires input regarding buildability and early contractor/consultant involvement in managing the works.
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Management Contractor will obtain competitive tenders for work packages, then employ subcontractors.
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No cost certainty at the outset. Final costs are not known until the last work package has been let. Costs are monitored and action taken.
Design changes can be made during construction, but be careful to avoid abortive work.
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‘Partnering’.
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basic processs
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•Value management, risk management, innovation, total life cost.
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Construction Management.
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Construction Manager advises on buildability, as part of the Client’s team.
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Construction Manager does not carry out any of the works, just programmes & coordinates on behalf of the Client.
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disadvantages
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Accountability is spread, but mostly Client’s risks.
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High risk, requiring a very experienced Client.
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Procurement
contracts
definition
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“agreement” – there must always be agreement with regard to the same thing or as it is legally known as, “consensus in idem”.
“legal obligation” – a merely social or personal agreement to play golf or have a meal together does not create a legal obligation.
formation
Offer: distinction between an offer and a willingness to negotiate is important - if an offer is accepted then a contract has been made.
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Time of Acceptance: If the offer remains open for a stated time, the time must be reasonable.
Recall of Offer: If a time is not stated for the offer to remain open, the offer may be withdrawn at any time prior to acceptance.
Recall of Acceptance: An acceptance completes a contract. In general, it cannot be withdrawn unless it is out of time.
building contract
overview
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-Who takes the risk for cost or remedy when ‘unforseens’ occur, or things go wrong?
In a Traditional Procurement, the Designer will be responsible to the Employer (Client) for a design failure
In a Design & Build Procurement, the Contractor will be responsible to the Employer (Client) for a design failure, but the Designer will be responsible to the Contractor.
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procurement system
conciderations
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Other considerations:
Control: apportionment of risk, eg ‘unforseens’.
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