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Contracts > Exam > Flashcards

Exam Flashcards

1
Q

What is Design & Build Project?

A

The contractor or the design-build firm agrees to accept all responsibilities, incl. construction & design

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2
Q

What is the cycle of D/B?

A

1) Owner engages D/B firm to begin project
2) D/B firm and owner work tgt to develop design, brief formulation of concept
3) Design Finalised and get approval from authorities
4) Construction start

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3
Q

What are the pros of D/B?

A

1) Process is fast, Early award = early commencement = early completion time => cost effective to a certain extent
2) Contractor as sole responsibility & control =
- Better risk mgmt,
- Easy register to authorities,
- clarity of responsiblity, less disputes
- Easier coordination btwn design & constr. as under 1 roof
- Detail designs not required before contract awarded

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4
Q

What are the cons of D/B?

A
  • Quality control.
    Since contractor and designer under 1 roof, may cut corners
  • If contractor less experience, may need to trial and error to get best quality.
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5
Q

What is a traditional contract?

A

Traditional contract is when the:

1) Owner engages architect to administer the proj
2) Architect prepares sufficient detail for contractor to submit tender
3) Successful tender awarded the contract and can construct

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6
Q

How are contracts being chosen?

A

Projects use the triangle formula, which revolves using Financial certainty, Employer Risks and Technical Feasibility

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7
Q

How much % is D/B in the triangle formula?

A

D/B is in the range of 80-90%

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8
Q

How much % is BQ in the triangle formula?

A

50-80%

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9
Q

What is role of QS ?

A

QS revolves ard 3 main roles:

1/3 accountant: To advise the project team on project cost & produce BQ

1/3 eng:
- Monitor actual construction of projects vs contract work quantity

1/3 lawyer
- Advise project team on contractual rights and arbitration procedures in disputes.

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10
Q

What is the QS limitation

A

QS can only give advise to project/employer on contractual rights.
- QS not recognised in legal court, hence cannot represent company. Will need to hire lawyer, team has to go to SMC to mediate

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11
Q

What are the 4 types of Alt. Dispute Resolution (ADR)?

A

Conciliation
Neutral Evaluation
Mediation
Arbitration

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12
Q

What are diff btwn the 4 ADR ?

A

Conciliation - Conciliator from SCCDR give advices & guidance to solve the case. The final decision of the dispute rests with the parties.
N.E- uses a Judge-Evaluator to assess and best estimate of parties likelihood of success at trial, from parties lawyers
Mediation - uses a mediator to facilitate & guides parties in dispute to an acceptable settlement, but do not offer specific solutions for the dispute.
Abtr- use an arbitrator to decide the final decision from parties lawyers

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13
Q

What are the types of BQ?

A

In BQ, there is:

1) Firm lump sum BQ/firm fixed price
2) Admeasurement /cost based

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14
Q

Is BQ accepted in construction industry?

A

Not entirely.
Because:
- Doc. preparation are complex, expensive, & requires more time
- Time consuming, e.g. need to grant time extension for addtnl variation orders when works not reflected in contr dwg.
- Final price relies on site measurement, time consuming
- Site measurements can lead to foul play, difficult to enforce

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15
Q

What are the 7 stages of contract management?

A

1) Request and analyse proj goals, proj mngmt for preparation
2) Generate contract
3) Negotiate contract
4) Approval of contract
5) Execute contract
6) Review & Amend
7) Renewal

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16
Q

Why do we need cost reimbursement contracts?

A

Cost reimbursement is usually used for emergency contracts where quick deployment of work is needed/urgency. E.g. restoration of road after bomb. Hence have high time-cost & has high unknowns

17
Q

What is Lump sum contract for?

A
  • Very little variation, minimal unknowns, and low risk

- Suitable for small job

18
Q

BQ is best for?

A

BQ is best for variations in the project, as has freedom in alterations, with less unknowns. Best for small projects

19
Q

What is the subcon roles & responsibility ?

A
  • Subcon (engaged by main contr) to carry out part of main contractor work on his behalf.
  • Subcon have to undertake the same obligations & liabilities as main contr, is under to owner
  • But subcon usually no direct obligations to client
20
Q

What is the subcon responsibility in D/B?

A
  • Subcon is responsible to main contractor for their work and performance
  • As main con is the sole controller of the project in D/B, the main con is responsible for contract
21
Q

What are the tendering procedures?

A

1) Pre-solicitation - Invite tenders through Selective tendering, Open tendering or negotiations

2) Solicitation -
(i) Tenders compile tender price for submission
(ii) Receive and compile bids & proposals from tenderers

3) Bid Evaluation & Award Phase
(i) Evaluated thru Financial, Technical, Management, Price
(ii) Lowest tenderers intv for doubt clarification & negotiation
(iii) Selection of best tenderer

4) Post Awards & Administration Phase
- Letter of award given, date of commencement, list of instr. & mobilization period
- Unsuccessful tenderers notified & deposits returned

22
Q

What is General conditions of contract?

A

G.COC define the terms regarding how contract is administered, rights, obligations & liabilities of parties in the contract.

23
Q

What is 2 stage tendering ?

A

A procurement method where the employer first engage contractor for initial stages based on work scope outline.
2nd stage is when employer seeks to appoint contractor again for construction purpose.

24
Q

Consequence of a non-breaching party which terminates the contract? Give an example

A
  • Serious damage to economic interest(e.g. if fpr olympic)
    -Reputation of contractor downgrade
  • Need to find another contractor to continue the project
    The contractor may be demark or downgrade from a ranking of A1 contractor to A2 contractor.
  • However when party breaches the contract, the other party will be entitled to sue him for damages incurred.
25
Q

What are the methods to monitor and control the project?

A 
PIOC. 
Planning
Influencing 
Organisation
Control 
through budget reports, community report, having KPI benchmarks.
26
Q

In conditions of contract, the proj manager who coordinates the bidder into meetings, will allow vendors for clarification of the work to be performed. Which phase of proj mngmt is in progress ?

A

Should be under Bid Evaluation & Award phase

27
Q

What is Law of tort? & Limitation period?

A

Different from law of contract.
Tort is an act which violate a law obligation, and gives the injured party the right to bring action for damages. 6 years frm damage date

28
Q

What is negligence of tort? LP yrs?

A

Tort negligence is concerned with the breach of duty to take care.
LP is 6 yrs from cause action date.

29
Q

What are the three types of 3rd parties in tort ?

A
  1. Subsequent owners
  2. Users after completion
  3. Workmen on construction site
30
Q

What is a success negligence tort?

A
  • Defendant owed to plaintiff a legal duty of care
  • Defendant breach of that duty
  • Plaintiff suffered damage from the breach
31
Q

What is provisional sum & prime cost?

A

PS- Monetary sum provided by owner against any possible expenditure on addntl works. Can be defined but indeterminate to an extent.
Whereas PC are sum of money for works not fully detailed. (actual cost + % overhead & profit cost)

32
Q

What is ALA? Affective Legal Analysis?

A

From the word ‘affective’ it defines as influence through emotions & feelings. Hence, ALA includes how the law affects people.
It considers the people element, and their position in the society. Where law is humane.

33
Q

What are the 5 elements of a binding contract?

A

1`) Offer an invitation

2) Intent to create legal relationship
3) Identity of intention - match intention among parties
4) Consideration - must be of value
5) Acceptance- silence does not mean acceptance

34
Q

What is a non binding contract ?

A

1) 1 or more parties make a mistake of fact
2) Contract under duress(force)
3) Material misrepresentation
4) Illegality
5) Fundemental terms not agreed
6) One party is legal incapacity

Contracts (2 decks)

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