FARSIGHTED PROJECT CONTRACT MANAGEMENT: INCOMPLETE IN ITS ENTIRETY
|
|
|
- Reynold Goodman
- 10 years ago
- Views:
Transcription
1 FARSIGHTED PROJECT CONTRACT MANAGEMENT: INCOMPLETE IN ITS ENTIRETY PROFESSOR J RODNEY TURNER, (Department of Marketing and Organization, Rotterdam School of Economics Erasmus University Rotterdam) 1. PROJECT ORGANIZATION: COOPERATION VERSUS CONFLICT There are two ways of viewing a project organization, what I would consider to the correct way, and the normal way, respectively: a temporary organization, (Turner and Müller 2003), through which the owner assembles resources and motivates them, in a climate of cooperation, to achieve their objectives; a market place, in which the owner buys the project s outputs at the cheapest possible price, in a climate of conflict with their contractors, where one will win the other lose. In the more common approach, the client adopts the mindset they are going to buy the project s outputs in the local bazaar, and negotiates hard to achieve the lowest possible price from the vendor (contractor). The negotiation is viewed as a win-lose game. A climate of conflict and mistrust develops, and this spills over into project delivery, usually leading to a lose-lose outcome. Scott (2001) says this approach results in misalignment between the client's and contractor's objectives, between the objectives of multiple contractors, and between the client's objectives and the contractor's remuneration. Turner and Müller (2003) view the project as a temporary organization, through which the client assembles resources to achieve their objectives. As in any organization, the owner should view the resources working for them as their employees, and motivate them to achieve their objectives. Because it is a temporary relationship, the owner often employs resources from an agency (contractor). Thus, their employee is a company rather than a person, what the Dutch call a legal person rather than a natural person. But the owner should view these legal persons as much their employees as natural persons, and motivate them accordingly. Using a transaction cost perspective, Turner and Keegan (2001) show the project is a hybrid organization, in which the governance structure, production function and transactions are aligned. This is necessary to deal with the unique and uncertain nature of the project, and is in contrast to routine supply, (Williamson, 1996; Winch, 2001), where transactions take place between production units. It reinforces the view the client and their contractors must work together in a climate of cooperation. The project does not take place through transactions between the players, but by their working together as one. Levitt and March (1995) say: The problem of organizing [is] seen as one of transforming a conflict (political) system into a cooperative (rational) one. A conflict system is one in which individuals have objectives that are not jointly consistent. It organizes through exchanges and other interactions between strategic actors. A cooperative system is one in which individuals act rationally in the name of a common objective. It is through contracts the owner creates the project organization and employs legal persons (contractors) to work on their projects. It is through contracts the owner should try to motivate the contractors to achieve their objectives, (through a win-win game). Thus, when developing a project contract strategy, the owner should choose a contract type that develops an appropriate cooperative relationship between themselves and their contractors, and provides incentives to motivate the contractors to achieve their objectives. Further, because projects are temporary organizations, they entail risk and uncertainty. Thus to provide an appropriate incentive, the contract needs to recognize that risk and provide safeguards to protect the contractor (and indeed to enable the owner to share in any opportunities). The contract should be designed to encourage the owner and contractor to act rationally together to achieve common objectives, and the best outcome for both within the expected risk. However, rationality is certain to be bounded by human frailty (Williamson 1996), by the project participants inability precisely and unambiguously to: communicate with each other process information to interpret events foretell the future Therefore, not only does the contract strategy need to provide incentives and safeguards to deal with risks envisaged in advance (ex ante incentivization), it needs to be flexible enough to deal with unforeseen circumstances as they arise; the ex ante contract is unavoidable incomplete. To maintain a climate of mutual
2 cooperation, the contract needs to be flexible to deal with these circumstances through mutual agreement and cooperation, not through one party making use of them to make gains over the other. The contract needs to provide a flexible, farsighted ex post governance structure that: allows adaptations through mutual agreement provides a communication structure to identify project progress and problems as they arise so they can be dealt with in a cooperative fashion continues to provide an incentive for the contractor to deliver the client s objectives without either party feeling the need to resort to the law (which automatically is a lose-lose scenario the winning party just losing less than the other). 2. TRANSACTION COST ECONOMICS AND A THEORY OF CONTRACTS Transaction Cost Economics suggests two schemas to describe the ability of contracts to provide ex ante incentivization, and flexible, farsighted, ex post governance, (Williamson 1995, 1996). Ex ante incentivization The ability of a contract to provide ex ante incentivization is described by three parameters: the reward it provides to motivate the contractor to share the owner s objectives and perform the associated risk the safeguard provided by the owner to shield the contractor from the risk If there is no risk, there is no need for any safeguard, and the reward can be low. If there is risk, there may or may not be a safeguard. If there is no safeguard, the contractor buys the risk off the owner, and a high reward is required. If there is a safeguard, the owner underwrites the contractor s risk and the incentive can be lower. Note, in some cases the safeguard only provides protection against extreme risk. For lower levels of uncertainty, the contractor takes the risk; for extreme events, the client underwrites the risk. This is the case with target price contracts, or where the contractor only claims for variations over a certain size. However, in these cases the reward is less than if there is no safeguard. Williamson was describing contracts for supply of repetitive units, not once off, unique, novel and transient projects. He assumes the cost of works is independent of the contract type, there is a natural costs associated with the task, (Williamson, 1996; Winch, 2001). The incentive is part of the transaction costs associated with the contract, additional costs over and above the basic cost of works, (Cox and Thompson 1998). However, Turner and Simister (2001) showed on projects the incentive can come from reducing the cost of works. Because projects are unique, there is no natural cost associated with the task; the cost of works is dependent on the form of contract. Flexible, Farsighted, ex post governance Although the schema above assumes a safeguard, it only deals with foreseen risks. If properly motivated, the project s participants should behave rationally towards a common (the owner s) objective. However, because of human frailty, rationality is bounded. Every project contract is almost certainly incomplete. Flexible, farsighted, ex post governance is required to deal with unforeseen circumstances. Williamson (1995) suggests four parameters to describe the ability of a contract form to provide this: the incentive intensity the ease of making uncontested, bi-lateral adaptations the reliance on monitoring and related administrative controls, (transaction costs) the reliance on court ordering Incentive intensity: Greater incentive intensity will elicit greater performance and sustained effort from the contractor to achieve the owner's objectives, and greater flexibility in accepting changes to adapt to unforeseen circumstances. Bi-lateral adaptation: The ability of the parties mutually to accept changes. Some contracts inhibit changes, even if both parties will accept them; others encourage them. Although described as bilateral adaptiveness, it is not always necessary for both parties to be party to the decision. It depends on their ability to solve problems. Often the client can make no contribution to problem solving. Then what is best for cooperation is to leave the contractor to decide (within the constraints set by the incentive) what is best for dealing with changes. Reliance on monitoring and administrative controls: Some contract forms require very intrusive systems for monitoring and control, leading to high transactions costs, while others allow light control. Turner and Simister (2001) showed transactions costs associated with monitoring and control can be small when compared to savings in the costs of works through appropriate motivation of the contractor. Thus, incentive intensity has a stronger
3 impact on project costs than reducing control. If appropriate incentives are chosen, there may be no need for monitoring and control procedures, with the contractor working on their own. Reliance on court ordering: This measures how much the contract encourages cooperation (or conflict), and encourages client and contractor to settle their differences in ways other than resorting to the law. If it is necessary to resort to the law, the project has become a conflict system, and all parties stand to lose, some just more or less than others. (It might be possible to replace this parameter with trust. How much does it encourage or discourage trust?) 3. TRADITIONAL CONTRACT TYPES AND A THEORY OF CONTRACTS I compare traditional contract forms to the two schemas above. Turner (1995), Smith (2003) and Marsh (2003) identify two dimensions of contract forms: the roles and scope of supply: traditional, integrative or management procurement routes (Smith, 2003); the payment terms (Marsh, 2003); Here I am mainly interested in payment terms, though I accept certain payment terms fit naturally with certain forms of supply. I consider the following contract forms: 1. Cost plus contracts Cost plus percentage fee, (c+%f) Cost plus fixed fee, (c+ff) Cost plus incentive fee, (c+if) Alliance contracts, or cost plus gain share, (alliance) 2. Remeasurement contracts Remeasurement based on a schedule of rates, (r-sor), effectively cost plus Remeasurement based on a bill of quantities, (r-boq) Remeasurement based on a bill of materials, (r-bom), effectively fixed price with variations 3. Fixed price contracts Fixed price based on a detailed design, (fpdd), effectively remeasurement Fixed price design and build based on a scope design Fixed price design and build based on cardinal points (a functional specification) 4. Others Target cost Time and materials to budget, or guaranteed maximum price The incentive profiles of the contract types are summarized in Table 1 and the governance profiles in Table 2. These tables also show the profiles of the traditional contract forms (markets and hierarchies) for routine supply as suggested by Williamson (1996). Cost Plus Cost Plus Fee Incentive: These are adopted on high risk contracts, where the cost plus nature provides a high safeguard. However, with c+%f, the motivation is for the contractor to overspend. The reward is misaligned with the client's objectives. With c+ff, there is a small incentive for the contractor to finish to cost, because the higher the cost, the lower their percentage profit. With c+if, there is a medium level incentive to achieve whatever success criteria the incentive is linked to. Governance: These contracts are very adaptive, but have high costs of monitoring and control. But once these mechanisms are in place, they remain fixed, regardless of the amount of risk encountered and adaptations required (Turner and Simister, 2001). Because of their flexibility, there should be little reliance on court ordering. However, mistrust can be high. It is appropriate to use this form where: there is very high risk and uncertainty which the contractor can make no contribution to reducing It is used on construction management contracts, where the client s design consultant does the design, but the construction management contractor is responsible for procurement and site management. The construction manager has no control over the scope. However: the construction manager is usually paid a fixed price (with incentives) for their role
4 the New Engineering Contract (Institution of Civil Engineers 1995) recognizes the construction manager needs to be given incentives to choose the cheapest sub-contractors, not the easiest to manage the construction manager also has no control over unit rates; for simple contracts, where the contractor does have control over unit rates and productivity, remeasurement contracts should be preferred to cost plus. Alliance In an alliance (Scott 2001), the client and contractor work together in a spirit of cooperation, to reduce the scope of works and hence the price. They also cooperate to achieve other key performance indicators set by the client, such as time, quality, safety and environmental performance. The client establishes a gain share fund, which is split between the client and all contractors according to their achievement of the client s performance indicators. This form of contract only works where both the client and the contractors can make a contribution to reducing risk and achievement of the performance indicators. Projects are coupled, non-linear systems, (Turner and Keegan, 2001). Where risk is controlled by both client and contractor, it needs to be managed in unison. Reducing risk in one area can cause a larger increase in another, and so a holistic solution is needed. Alliance contracts achieve that. Incentive: There is considerable uncertainty in this type of project. It is only worth adopting where the client and contractor can achieve considerable potential cost savings, otherwise the high transaction costs cannot be justified. There is some safeguard built in, in two ways: the client shares some of the risk (and gains) through the gain share fund there is usually a cap on the down-side risk born by the contractor: above a certain level of loss they are born entirely by the client Governance: There is high incentive intensity: the gain share fund, linked to the client s key performance criteria, gives high motivation to the contractor to achieve the client s objectives. There is high flexibility, but there is a price to pay through high transaction costs. Recourse to the courts is avoided through an escalation procedure built into the alliance agreement. Remeasurement Contracts The contractor is rewarded according to the amount of work they do, according to a pre-agreed formula. SoR: The amount of labour and materials used is measured, and the contractor rewarded according to agreed hourly and unit rates. This is virtually cost plus. There is no motivation for the contractor to control productivity. It suffers from all the problems of costs plus. There is a high safeguard and high transaction costs, but the contractor s reward is not aligned to the client s objectives. This is often used where work and material requirements are very clearly defined, by the client or their design consultant, and contractors are used to provide agreed amounts of labour and material against industry standard rates, (Turner and Simister, 2001). BoQ: Standard work elements are identified, and the contractor is rewarded according to the number of work elements completed. The contractor is now motivated to control productivity levels. This is appropriate where a project consists of clearly identifiable work elements, but the exact number is uncertain at the outset. The client should not expect the contractor to suggest improvements for the benefit of the client, because that will reduce their reward. The contractor may try to find ways of improving the delivery of the work elements, but will not pass those improvements on to the client. The contractor may even take shortcuts to the client's detriment. So there are medium level transaction costs giving the client little benefit. BoM: Standard, larger work packages are identified, and the contractor is rewarded according to the number completed. In this case, once the price of the work packages has been set, the contractor is not motivated to suggest price reductions, but will seek ways to reduce the cost. In the early stages of the project, client and contractor can work together to optimize the design of the work packages, and the client can ask contractors to bid competitively. Transaction costs are lower, because there are larger elements of work to monitor. Remeasurement contracts are the closest in a project context to the market in routine supply, especially the SoR and BoQ cases. In the former, the client is buying labour and bulk materials in the bazaar, and in the latter standard components. Therefore, these will be appropriate where there is low specificity, and relatively high competition to provide the labour and materials or supply the standard project components. With the BoM form, there will be higher specificity, requiring closer cooperation between client and contractor while the work packages are defined, but enabling lower monitoring costs once work starts.
5 Fixed Price Contracts Fixed price based on a detail design The client or their design consultant does a detailed design, which is given to a construction contractor for delivery. The construction contract may either be bid under competitive tendering, or awarded according to a standard SoR or BoQ. Either way, this is effectively a remeasurement contract, since any variations are completed according to the SoR or BoQ. However variations will be sought by the contractor, since typically these contracts are bid under tight margins, and so they will seek to increase their profit through variations. These types of contract can lead to the largest mistrust between client and contractor. This form is the worst from the contractors perspective. There is little reward, and no safeguard, but if the design is well done little risk. Thus, incentive intensity is low. There is little motivation for the contractor to achieve the client s objectives; they are just try to do minimum work for minimum cost. There will be no adaptiveness, unless the contractor sees it as a way of making extra money. Transaction costs are high, to process the variations that arise, and because there is a strong climate of mistrust, there is a heavy reliance of the courts. Design and build based on a scope design The client, or their design consultant, performs an initial scoping design, and the contractor does the detail design and construction. If the scope of supply also includes commissioning, this becomes a lump sum turnkey contract. It is usually said this type of contract is used where it is possible to specify the final facility quite tightly, and so the risk will be low. However, Turner and Simister (2001) showed it is also used where the facility can be specified quite tightly, but there may be considerable uncertainty in the method of delivery, and only the contractor has the skills to reduce the risk. The client or their design consultant can make no contribution to improving delivery. If the risks are low, the safeguards will be low and the rewards low. Where risks are low, there will be several contractors able to do the work, and so they will all bid with tight margins. The cooperative organization is best served by the client keeping well away from the project during its delivery, with the contractor free to make whatever adaptations to the process of delivery they see fit. If margins are tight, the contractor may try to claw back additional profit through variations and that will increase transaction costs. However, if the client were to increase the contractor s profit to cover variations under a certain size, which are almost inevitable, transaction costs can be reduced. If an incentive is built in to control variations, it can lead to a cheaper outcome. Cardinal points or functional specification The client specifies the functionality and key performance indicators (cardinal points) of the facility to be delivered, but leaves it to the contractor to find the best solution both in terms of the design of the facility and method of its delivery. Turner and Simister (2001) show that this form is best used where there is some uncertainty about how best to deliver the facility, and the client can make no contribution to solving that problem. The contractor buys all the risk through a fixed price contract, and makes their reward by finding the best solution. This form was used in the case of the Botlek Tunnel under the Oude Maas River, part of the Betuweroute (Dutch High Speed Freight Line) from the Port of Rotterdam to Germany. This solution gave the client a price lower than they could get by any other contract form, but still let the contractors make a reasonable reward. They were motivated to find the best solution by the form of contract. Incentive: The contractor s risk is high, but there are suitable rewards. In the case of the Botlek Tunnel, by and large there were no safeguards. The contractors bought most of the foreseeable risks. However, there were some potential, very low likelihood but very severe, insurable risks, which the client, the Dutch state-owned railways, underwrote. This enabled the contractors to bid a lower price than if they had to underwrite those risks themselves. In the event, these risks were not encountered. Governance: The contractor s incentive comes from their ability to find an effective solution, and so can be high. This form is very adaptive, in that the contractor is left to work on their own to find the best solution, and so transaction costs are low. If well formulated there should be little need for recourse to the courts because the cardinal points can be quite clear. And if the extreme risks are properly underwritten there should be no need to make claims. Other forms of Contract Target Cost
6 The price is fixed for an agreed range of out-turn cost around the target price, with the client and contractor sharing any underspend or overspend outside that range. Often the client caps the contractor s exposure for overspend. Within the target range this contract acts like a fixed price contract. However, there is a potential for the contractor to achieve higher rewards, but at exposure to greater risk. The incentive intensity is higher than for fixed price contacts, but higher transactions costs are needed to monitor regular performance. However, with those administrative procedures in place, variations are easier to process. These contracts can still lead to dispute, requiring recourse to the courts. But with the contractor motivated to save cost, they will not pursue variations to increase their profit, when that can be achieved more easily by saving costs. This form can lead to collaborative working between client and contractor, as in alliance contracts, since it is in both their interest to save cost. The New Engineering Contract (Institution of Civil Engineers 1995) treats fixed price as a special case of target cost, with the target range extended to infinity. However, we see the two types of contract do have subtly different profiles, and require different monitoring regimes. Time and materials to budget or guaranteed maximum price The contract is cost plus to a target price, and fixed price beyond. The contractor takes all the downside risk, but shares none of the upside opportunity. This contract form is a fools game: It is conflict organization. It is loselose project management. Contractors who accept it are fools because it is weighted so heavily in favour of the client; they should seek fixed price; Clients who push it on their contractors are fools because the contractors are demotivated, and do not have the clients interests at heart; they should seek fixed price. Incentive: The contractor has no incentive to achieve the client s objectives. The rewards are low, the risks are high and there is no safeguard. Governance: This form has all the disadvantages of cost plus and fixed price, but none of the advantages. The incentive intensity is low: the contractor makes big losses if the project is overspent, but small profits if it underspent, and the more underspent, the smaller the contractor s profits. High transaction costs are required to monitor what the contractor is actually spending, so the client can claw back money if they underspend. There is no adaptiveness. The contractor is unwilling to take on additional work, and the client, to want to adopt this type of contract, must be uncompromising. And the reliance on the courts will be high, as the contractor tries to prove any overspend is due to the client s errors. 4. DEVELOPING A CONTRACT STRATEGY I now present a methodology for selecting contract strategy based on the need: to provide the contractor with incentive to achieve the client s objectives to provide flexible, farsighted governance to deal with incompleteness, but at minimum transaction costs Turner and Simister (2001) initially assumed that the contract form would be chosen to minimize transaction costs, as it does with routine supply (Williamson, 1996). However, they showed that is not the case, the appropriate form of contract is chosen to motivate the contractor to reduce the cost of works and achieve the client's objectives. The appropriate form depends on, (Figure 1): 1. Who controls the risk? the client the contractor both 1. The nature of the project? simple large, complex, multi-stage 1. The location of the uncertainty? in the project s product in its method of delivery both Client Controls the Risk If the client (or their consultant) controls the risk, the appropriate forms of contract are cost plus incentive fee or remeasurement depending on the complexity.
7 Low Complexity For low complexity a remeasurement contract based on an SoR or BoQ is appropriate. The Dutch rail infrastructure company operates a take-it-or-leave-it approach, (Turner and Simister 2001). The client s consultant designs the facility, which is priced using a standard SoR. That gives a price for the job, which the contractor accepts or refuses. Any variations are priced using the standard schedule. This is virtually fixed price with flexibility built in to deal with variations. High Complexity For high complexity projects a c+if management contract (Smith, 2003; Marsh, 2003) may be appropriate. The contractor is paid a fixed price with incentive for their contribution, which is the procurement of subcontractors and the management of the work. Sub-contracts, including work done by the main contractor, should be priced as remeasurement as above. Contractor controls the risk Now the type of contract depends on where the risk is: in the process in the product and process neither Risk in the Process The project s product can be clearly defined; the uncertainty lies in how it is to be delivered. The contractor has control over that risk. The appropriate form is fixed price design and build, with the product defined by cardinal points. Risk in the product and the process If there is risk in the product that the client cannot control, then the client has a functional requirement, but does not have any skill in house to deliver it. A common approach in this case is prime contracting with a target price contract. Design only contracts by the client s consultant also fall into this category. It is normal for these to be done on a time and materials (remeasurement based on an SoR). Careful monitoring is required to ensure the work done is essential. The client is very dependent on the consultant. The consultant s reputation as a professional is one thing that motivates them to work in the client s interest (Turner and Müller 2003). Little risk A fixed price or remeasurement contract can be used as described above. Shared risk If the risk is shared, then the strategy depends again on whether the complexity is high or low. Low complexity The contract form adopted could be remeasurement, fixed price or target price, depending on where the balance of the residual risk lies, with the client, with the contractor, in the process or the product. High complexity If the complexity is high, the appropriate form of contract is an alliance (Scott 2001). 5. CONCLUSION This paper adopted the premise that the purpose of project organization is to create a cooperative working relationship between the owner and their contractors. The contracts are the method by which the owner creates the project organization, and should aim to align the contractors objectives with the owners, by providing appropriate incentives. A three dimensional schema, (reward, risk, safeguard), was used to analyze the efficacy of different contract types to do this. Contractors will behave rationally to optimize their economic position, so the owner needs to ensure that all their contractors economic positions are aligned with theirs. Project contracts are also unavoidably incomplete. The contracts need to be able to respond to unforeseen circumstance. A four
8 dimensional schema, (incentive intensity, adaptiveness, reliance on monitoring and control, reliance on the courts), was used to analyze the governance efficacy of the different contract types. The results of this analysis was used to develop a contract selection strategy, depending on whether the risk is controlled by the client or the contractor, whether the project is simple or complex, and whether the risk is on the project s product, method of delivery or both. 6. REFERENCES 1. Cox, A., and Thompson, I. Contracting for Business Success. Thomas Telford, London, Institution of Civil Engineers The Engineering and Construction Contract. 2 nd edition. Thomas Telford, London, Levitt, B., and March, J. G. Chester I Barnard and the intelligence of learning. In Williamson, Oliver E, (editor). Organization Theory: from Chester Barnard to the Present and Beyond, expanded edition. Oxford University Press, New York, Marsh, P. Contracts and payment structures. In Contracting for Project Management (ed J. R. Turner). Gower, Aldershot. (In production.), Scott, R. (editor). Partnering in Europe: Incentive based alliancing for projects. Thomas Telford, London, Smith N. J. Roles and responsibilities in project procurement. In Contracting for Project Management (ed J. R. Turner). Gower, Aldershot. (In production.), Turner, J. R. (editor). The Commercial Project Manager. McGraw-Hill, London, Turner, J. R., and Keegan, A.E. Mechanisms of governance in the project-based organization. European Management Journal, 19(3), 2001, рр Turner, J. R., and Müller, R. M. On the nature of projects as temporary organizations. International Journal of Project Management, 21(1). (To appear.), Turner, J. R., and Simister, S. J. Project contract management: a transaction cost perspective. International Journal of Project Management, 19(8), 2001, рр Williamson, O. E. (editor) Organization Theory: from Chester Barnard to the Present and Beyond, expanded edition. New York: Oxford University Press, Williamson, O. E. The Mechanisms of Governance. New York: Oxford University Press, Winch, G.M. Governing the project process: a conceptual framework. Construction Management and Economics, 19, 2001, рр
9 TABLES AND FIGURES Table 1: Contract forms and ex ante incentivization Table 2: Contract forms and flexible, farsighted, ex post governance Figure 1: Contract Selection Strategy Contract Form Reward Risk Safeguard Cost plus C+%f High but Misaligned High High C+ff Medium but Misaligned High High C+if Medium High High Alliance Medium High Medium Remeasurement r-sor Low and Mislaigned Low High r-boq Low Medium Medium r-bom Low Medium Low Fixed Price build only Low Low Low specification a Low Low Low specification b Medium Medium Low cardinal points High High Low (insurance) Other target price Medium Medium Medium time and materials to Low High Low budget or gmp Routine Contracts market High Low Low hierarchy Low High High TABLE 1: CONTRACT FORMS AND EX ANTE INCENTIVIZATION Contract Form Incentive Intensity Adaptiveness Transaction Court Ordering Costs Cost plus c+%f Misaligned High High Low c+ff Low High High Low c+if Medium High High Low Alliance High High High Low Remeasurement r-sor Misaligned Medium High Low r-boq Low Medium Medium Low r-bom Low Medium Low Low Fixed Price build only Low Low High High specification a Low Low High High specification b Medium Medium Medium Medium cardinal points High High Low Low Other target price Medium Low High Medium time and materials to Low Low High High budget or gmp Routine Contracts market High Low Low High hierarchy Low High High Low TABLE 2: CONTRACT FORMS AND FLEXIBLE, FARSIGHTED, EX POST GOVERNANCE
10 FIGURE 1: METHODOLOGY FOR PROJECT CONTRACT SELECTION
Procurement Strategy and Contract Selection
GUIDELINE Capital Works Management Framework Procurement Strategy and Contract Selection The suite of Capital Works Management Framework documents is available online www.hpw.qld.gov.au: The Capital Works
PROJECT CONTRACT MANAGEMENT AND A THEORY OF ORGANIZATION PROFESSOR J. RODNEY TURNER
PROJECT CONTRACT MANAGEMENT AND A THEORY OF ORGANIZATION PROFESSOR J. RODNEY TURNER ERIM REPORT SERIES RESEARCH IN MANAGEMENT ERIM Report Series reference number Publication July 2001 Number of pages 15
Contracting for Agile Software Projects
Contracting for Agile Software Projects Author: Peter Stevens As a customer or supplier of software services at the beginning of a Software Development Project, you know that there is too much at stake
ASSOCIATION OF INDEPENDENT SCHOOLS OF NSW BLOCK GRANT AUTHORITY GUIDE TO PROCUREMENT PROCESSES
ASSOCIATION OF INDEPENDENT SCHOOLS OF NSW BLOCK GRANT AUTHORITY GUIDE TO PROCUREMENT PROCESSES CAPITAL GRANTS PROGRAM / BUILDING GRANTS ASSISTANCE SCHEME Background Non government schools accepting the
Design-Bid-Build v. Guaranteed Maximum Price Contracting: The Basics for Owner's Counsel
Page 1 of 6 ALM Properties, Inc. Page printed from: New York Law Journal Back to Article Design-Bid-Build v. Guaranteed Maximum Price Contracting: The Basics for Owner's Counsel James E. Hughes New York
Appendix 18 NEC3 Options
Appendix 18 NEC3 Options December 2007 Page 449 Appendix 18 NEC3 Options NEC3 Main Options There are six main options as set out below. The Contractor carries the greatest risk under options A and B, and
CONCODE Guide to contract strategies for construction projects in the NHS STATUS IN WALES ARCHIVED
CONCODE Guide to contract strategies for construction projects in the NHS 1995 STATUS IN WALES ARCHIVED For queries on the status of this document contact [email protected] or telephone 029 2031 5512
Risk in Construction
Risk in Construction Market Research prepared for June 2014 In association with the Chartered Institution of Civil Engineering Surveyors, The Institution of Civil Engineers and the UK s leading Design
How to get value for money from service providers on major projects
How to get value for money from service providers on major projects Session Focus Contracting as a relationship Identifying win/win arrangements Procurement & Planning on major projects Understanding the
Verification of need. Assessment of options. Develop Procurement Strategy. Implement Procurement Strategy. Project Delivery. Post Project Review
Who should read this fact sheet? Many construction clients are not regular purchasers of construction work. This fact sheet is an introduction to construction procurement for occasional clients with a
BEST PRACTICE GUIDE 6: ESTABLISHING CONTRACTS. RDTL MINISTRY OF FINANCE Procurement Service
RDTL MINISTRY OF FINANCE Procurement Service BEST PRACTICE GUIDE 6: ESTABLISHING CONTRACTS 1 RDTL Procurement Guidelines The Procurement Legal Regime Decree Law sets out new procurement processes which
2. Executive Summary. Emissions Trading Systems in Europe and Elsewhere
2. Executive Summary With the introduction of CO 2 emission constraints on power generators in the European Union, climate policy is starting to have notable effects on energy markets. This paper sheds
TRANSFERRING RISKS IN CONSTRUCTION CONTRACTS
TRANSFERRING RISKS IN CONSTRUCTION CONTRACTS Bryan S. Shapiro, QC I. INTRODUCTION Risk and conflict are inherent characteristics of the construction industry. Conflict usually results from the allocation
%&"'()*&"+,-./01"+/23"23&"4*52,6&-7"6,-&"23(0"4,02-(42"0&1,8(8,059":;<="
!" #" $" %&"'()*&"+,-./01"+/23"23&"4*52,6&-7"6,-&"23(0"4,02-(42"0&1,8(8,059":;
Goals of the Unit. spm - 2014 adolfo villafiorita - introduction to software project management
Project Pricing Goals of the Unit Understanding what are the main factors determining project and project outputs price Learn some strategies to determine price Understanding in more details the procurement
Study of the Importance and Applicability of the Factor "Mark-up in the Budgeting of Construction
Study of the Importance and Applicability of the Factor "Mark-up in the Budgeting of Construction Abstract Forming the price of a service and the subsequent finding of the value of the proposal is based
How To Manage A Contract
Contract Management Checklist Preparation This section deals with laying good foundations before a contract is let. The contract should be actively managed. You should have a plan for doing this, which
CHAPTER 2 CONTRACT STRATEGY
CHAPTER 2 CONTRACT STRATEGY At the early stage of a project and once a project manager is selected, the main issue that faces the owner is to decide on the contract strategy that best suits the project
Leaving Performance Bonds at the Door for Improved IT Procurement
Leaving Performance Bonds at the Door for Improved IT Procurement NASCIO IT Procurement Modernization Series: Part II August 2012 NASCIO Staff Contact: Chad Grant Senior Policy Analyst NASCIO NASCIO represents
Report Capital Works Procurement: The Selection of a Building Procurement Method
Report Capital Works Procurement: The Selection of a Building Procurement Method Research Project No: 2006-034-C-01 The research in this report has been carried out by Project Leader Researchers Project
WHY ISN T EXCEL GOOD ENOUGH INTRODUCTION THE COMPARISON: EXCEL VS. PRIMAVERA S CONTRACT MANAGER EXECUTIVE SUMMARY MICROSOFT OFFICE EXCEL OPTION
WHY ISN T EXCEL GOOD ENOUGH INTRODUCTION was asked to support a biotech Owner on a significant scale-up project to take their drug from clinical trial manufacturing to full production levels. This project
Linbeck Construction used the Last Planner system of production control on a $22 million remodel of the Chemistry Building at Rice University.
Linbeck Construction used the Last Planner system of production control on a $22 million remodel of the Chemistry Building at Rice University. This was one of four innovative practices was described by
Bills of Quantity. D. Atkinson December 2000. Nature of Bills
Bills of Quantity D. Atkinson December 2000 Nature of Bills Bills of Quantities comprise a list of items of work which are briefly described. The Bills also provide a measure of the extent of work and
Basic Guide. General Conditions of Contract for Construction Works (GCC 2004)
Basic Guide General Conditions of Contract for Construction Works (GCC 2004) February 2008 Preface The Construction Industry Development Board (CIDB) is a national body established by an Act of Parliament
Royal Institute of British Architects. Procurement policy. Building teams achieving value
Royal Institute of British Architects Procurement policy Building teams achieving value November 2001 RIBA Procurement Policy The RIBA is committed to construction procurement that: R provides the best
Procurement Project Management:
Procurement Project Management: Making a Difference Leo Gotlieb April 23 2013 Procurement Project Management Making a Difference 1 Procurement Project Management: The Challenge Salt Lake City Athens Turin
Conditional Fee Arrangements, After the Event Insurance and beyond!
Conditional Fee Arrangements, After the Event Insurance and beyond! CFAs, ATEs, DBAs Let s de-mystify the acronyms! 1. Conditional Fee Arrangements 1.1. What is a Conditional Fee Arrangement A conditional
Sales compensation, Profit Margin and Multi-rep Splits
Overview When more than one employee is involved in purchasing product and product sales. Questions are raised on several important issues: 1. How should each employee be compensated on the transaction?
2.1 STAGE 1 PROJECT PROCUREMENT STRATEGY
APM Procurement Guide : Draft7_RevA_Chapter 2.1_Project Procurement Strategy_Jan12 1 2.1 STAGE 1 PROJECT PROCUREMENT STRATEGY In this stage, the project definition is developed so that decisions can be
Week 7 - Game Theory and Industrial Organisation
Week 7 - Game Theory and Industrial Organisation The Cournot and Bertrand models are the two basic templates for models of oligopoly; industry structures with a small number of firms. There are a number
inform practice note SUBCONTRACTING ARRANGEMENTS Content Synopsis: Practice Note # 7 May 2007 (Version 1 - May 2007) construction industry development
construction industry development inform practice note Issued by the Construction Industry Development Board Development through partnership construction procurement and delivery SUBCONTRACTING ARRANGEMENTS
6.0 Procurement procedure 1 Infrastructure
Page 6-1 6.0 Procurement procedure 1 Infrastructure 6.1 Overview Introduction Procurement procedure 1 Infrastructure consists of four parts: guidelines for understanding the strategic context for the procurement
STRATEGIES FOR AVOIDING ASYMMETRIC INFORMATION IN CONSTRUCTION PROJECT MANAGEMENT
Journal of Business Economics and Management 2008 9(1): 47 51 STRATEGIES FOR AVOIDING ASYMMETRIC INFORMATION IN CONSTRUCTION PROJECT MANAGEMENT Martin Schieg Technical University of Munich, Arcisstraße
Program Management for School Construction
Program Management for School Construction Presented to: Pasadena Unified School District Board of Education January 13, 2009 Project Delivery Options Design Bid Build Design/Build Construction Management
THE NEW ENGINEERING CONTRACT: IMPROVED PROCUREMENT AND CONTRACTING WITH ITS SIMPLICITY, CLARITY AND GOOD PROJECT MANAGEMENT PROVISIONS
THE NEW ENGINEERING CONTRACT: IMPROVED PROCUREMENT AND CONTRACTING WITH ITS SIMPLICITY, CLARITY AND GOOD PROJECT MANAGEMENT PROVISIONS ABSTRACT THURLOW, P.N. Thurlow Associates cc: Industrial Project Managers
How To Write A Contract
Commercial Management the NEC Way Hong Kong Institute of Surveyors [email protected] [email protected], July 2014 Turner & Townsend plc July 14 making the difference Health, safety & wellbeing
Oligopoly: How do firms behave when there are only a few competitors? These firms produce all or most of their industry s output.
Topic 8 Chapter 13 Oligopoly and Monopolistic Competition Econ 203 Topic 8 page 1 Oligopoly: How do firms behave when there are only a few competitors? These firms produce all or most of their industry
2.6 Select a. procurement route. cabe. Contents
2.6 Select a procurement route 2.6.1 Procurement routes Procurement is the purchasing of products, work and services. It is more important than its unglamorous name suggests and plays a major part in any
Airmic review of the supply chain insurance market Review of recent developments in the supply chain insurance market
REPORT Airmic review of the supply chain insurance market Review of recent developments in the supply chain insurance market 1. Executive summary Increasingly complex supply chains, together with greater
Procurement guidance Managing and monitoring suppliers performance
Procurement guidance Managing and monitoring suppliers performance Procurement guidance: Managing and monitoring suppliers performance Page 2 of 16 Table of contents Table of contents... 2 Purpose of the
Nominated Subcontractors on International Projects: Approaches to Risk Allocation
Nominated Subcontractors on International Projects: Approaches to Risk Allocation September 5, 2005 (he following outline was used in a presentation to the Overseas Construction Association of Japan, Inc.
Project Procurement Management
Project Procurement Management 1 2 Procurement Planning Procurement Planning is the process of identifying which project needs can be best met by procuring products or services outside the project organization
The refinancing of the Fazakerley PFI prison contract
Report by the Comptroller and Auditor General The Prison Service The refinancing of the Fazakerley PFI prison contract Ordered by the House of Commons to be printed 26 June 2000 LONDON: The Stationery
The Role of Reputation in Professional Service Firms. Novak druce centre insights No. 6
The Role of Reputation in Professional Service Firms Novak druce centre insights No. 6 contents 01 Introduction 02 the Relationship between Reputation & Quality in Professional Service Firms (PSFs) 04
The 10 Elements of a Vested Outsourcing Agreement. Kate Vitasek
The 10 Elements of a Vested Outsourcing Agreement Kate Vitasek Vested Outsourcing is. A game changing approach to outsourcing that Leverages win-win thinking associated with Game Theory / Behavioral Economics
Contract Administration
Chapter 5 Contract Administration Section 3 Change Orders 5-301 General 5-302 Change Order Policy 5-303 Purpose of Change Orders 5-304 Initiation of Change Orders 5-305 Preliminary Considerations 5-306
Measuring, Estimating and Tendering Processes in Construction and the Built Environment
Unit 9: Measuring, Estimating and Tendering Processes in Construction and the Built Environment NQF Level 3: Guided learning hours: 60 BTEC National Unit abstract Estimating is concerned with the processes
Speaker: CHRISTOPHER WADE, Chief Engineer, SWECO International, Stockholm, Sweden l, and Chairman of FIDIC Contracts Committee
FIDIC Conditions of Contract IBC Conference 2003 Presentation Notes on: OVERVIEW OF THE NEW MAJOR CONTRACTS Speaker: CHRISTOPHER WADE, Chief Engineer, SWECO International, Stockholm, Sweden l, and Chairman
Contractor s Estimation of Cost and Bidding Strategy. Construction Project Management_Kumar Neeraj Jha
1 Contractor s Estimation of Cost and Bidding Strategy Contents 1.1 Contractor s estimation and bidding process 1.2 Bidding models 1.3 Determination of optimum mark-up level 1.4 Bidding and estimation
Audit of Contract Management Practices in the Common Administrative Services Directorate (CASD)
Audit of Contract Management Practices in the Common Administrative Services Directorate (CASD) AUDIT REPORT Prepared for NSERC (Natural Sciences and Engineering Research Council) and SSHRC (Social Science
The New Standard Construction Contracts: NZS3910, 3916 and 3917
The New Standard Construction Contracts: NZS3910, 3916 and 3917 Brian Clayton, Partner FEBRUARY 2014 3258689.3 Chapman Tripp Introduction Standards New Zealand has recently completed the first review of
Leverage and margin. Module 3 Introduction Programme. Leverage and margin
Module 3 Introduction Programme Leverage and margin This module explains leverage and gearing and compares spread bets with non-geared investments. Additionally, there are a number of worked examples of
Guidance on the template contract for social impact bonds and payment by results
Guidance on the template contract for social impact bonds and payment by results Introduction These guidance notes have been prepared to assist users of the Cabinet Office template contract. The guidance
Appendix 5D Ernst & Young Accounting Treatment
Appendix 5D Accounting Treatment (Ernst & Young) Appendix 5D Ernst & Young Accounting Treatment Introduction An off balance sheet treatment from the position of the Authorities is a fundamental requirement
Chapter 7. Sealed-bid Auctions
Chapter 7 Sealed-bid Auctions An auction is a procedure used for selling and buying items by offering them up for bid. Auctions are often used to sell objects that have a variable price (for example oil)
Guide to Employment Tribunal Proceedings
Guide to Employment Tribunal Proceedings BallantyneGrant Solicitors the litigation specialists www.ballantynegrantllp.com INTRODUCTION This guide is the second in our series of articles explaining various
How To Manage An In House Legal Team
December 2014 A Guide for General Counsel Structuring your legal team contents: THE TEAM 03 THE STRUCTURE 04 RISK AND COMPLIANCE 07 LEVEL AND NATURE OF OUTSOURCING 08 FUNCTIONS 09 SUPPORT SERVICES 10 CONCLUSION
Frontier International
International research insights from Frontier Advisors Real Assets Research Team Issue 15, June 2015 Frontier regularly conducts international research trips to observe and understand more about international
Infrastructure & Risk: Identification, Management & Transfer of Risk by HM Treasury
Infrastructure & Risk: Identification, Management & Transfer of Risk by HM Treasury Joe Crawford Cambridge Judge Business School 28/02/14 Infrastructure & Risk: Identification, Management & Transfer of
Supplier Relationships Lecture 7. Briony Boydell Managing Business Relationships
Supplier Relationships Lecture 7 Briony Boydell Managing Business Relationships Objectives of lecture Identify the types of relationships within the supply chain Discuss the benefits of improved relations
pg. pg. pg. pg. pg. pg. Rationalizing Supplier Increases What is Predictive Analytics? Reducing Business Risk
What is Predictive Analytics? 3 Why is Predictive Analytics Important to Sourcing? 4 Rationalizing Supplier Increases 5 Better Control of Sourcing and Costs 6 Reducing Business Risk 7 How do you implement
Expenses and Funding of Civil Litigation Bill Consultation Response by GCC
Expenses and Funding of Civil Litigation Bill Consultation Response by GCC (A) Speculative Fee Agreements: Q1: Do you think that a lack of cap on speculative fee agreements prevents potential pursuers
Managing contractors involved in high impact activities
www.pwc.co.uk November 2011 Managing contractors involved in high impact activities A study of practices adopted by major organisations across six different sectors Contents 1. Introduction 2 2. Executive
The extent to which the core/periphery model is used in practice has been heavily debated, for example:
The extent to which the core/periphery model is used in practice has been heavily debated, for example: There is no overwhelming evidence of a significant expansion in this type of employment in the 1980s.
School Construction Projects
The process of educating young people seems to be continually developing. New insights regarding how students most effectively receive retain and gain understanding of information and principles affect
Complaints about unauthorised discounts offered by PCCW-HKT Telephone Limited to business customers
CDN0195 Complaints about unauthorised discounts offered by PCCW-HKT Telephone Limited to business customers Complaint against: Issue: Relevant Instruments: PCCW-HKT Telephone Limited ( PCCW-HKTC ) Allegations
Project Procurement Management
Project Procurement Management Outline Introduction Plan Purchases and Acquisitions Plan Contracting Request Seller Responses Select Sellers Contract Administration Contract Closure Introduction Procurement
Renewable Electricity and Liberalised Markets REALM. JOULE-III Project JOR3-CT98-0290 GREECE ACTION PLAN. By ICCS / NTUA K. Delkis
Renewable Electricity and Liberalised Markets REALM JOULE-III Project JOR3-CT98-0290 GREECE ACTION PLAN By ICCS / NTUA K. Delkis October 1999 INTRODUCTION AND BACKGROUND Background to Renewable Energy
Contracting Practices in Mega Projects
CEM 520 Term Paper Contracting Practices in Mega Projects EPC and EPCM A L I A B D U L L A H A L - S A L E M 2 0 0 3 4 2 5 1 0 Outline Introduction Types of Contracts Contracting Strategies The Difference
Construction Contracts
STATUTORY BOARD FINANCIAL REPORTING STANDARD SB-FRS 11 Construction Contracts This version of SB-FRS 11 does not include amendments that are effective for annual periods beginning after 1 January 2015.
Considerations for Disability Insurance
Considerations for Disability Insurance 1. Purpose and Scope The following document is written by ASISA s Risk and Disability Committee and is intended to give an overview of the key issues that should
Periodical Payments. A Defendant s Lawyer s Perspective
Periodical Payments A Defendant s Lawyer s Perspective MICHAEL HARDMAN PARTNER BERRYMANS LACE MAWER LIVERPOOL PERIODICAL PAYMENTS Introduction The Courts Act of 2003 received Royal Assent on 20 November
OUTSOURCING IT-BASED SERVICES FOR SMALL AND MEDIUM ENTERPRISES: SECURITY ISSUES
OUTSOURCING IT-BASED SERVICES FOR SMALL AND MEDIUM ENTERPRISES: SECURITY ISSUES This section is intended to provide guidance on outsourcing. Some of the information contained here is particularly detailed
Stop Reacting to Buyers Price Expectations; Manage Them
Stop Reacting to Buyers Price Expectations; Manage Them BY THOMAS T. NAGLE AND JOSEPH ZALE Executive Takeways Pricing policies empower companies to manage customers price expectations, and avoid the cycle
IMPROVING THE RESOLUTION OF TAX TREATY DISPUTES
ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT IMPROVING THE RESOLUTION OF TAX TREATY DISPUTES (Report adopted by the Committee on Fiscal Affairs on 30 January 2007) February 2007 CENTRE FOR TAX
Sourcing and Contracts Chapter 13
Sourcing and Contracts Chapter 13 1 Outline The Role of Sourcing in a Supply Chain Supplier Scoring and Assessment Supplier Selection and Contracts Design Collaboration The Procurement Process Sourcing
Managing construction procurement risks
CONSTRUCTION PROCUREMENT BEST PRACTICE GUIDELINE #A5 Construction Industry Development Board Pretoria - Head Office Tel: 012 482 7200 Fraudline: 0800 11 24 32 Call Centre: 0860 103 353 E-mail: [email protected]
ESRI Research Note. The Irish Electricity Market: New Regulation to Preserve Competition Valeria di Cosmo and Muireann Á. Lynch
ESRI Research Note The Irish Electricity Market: New Regulation to Preserve Competition Valeria di Cosmo and Muireann Á. Lynch Research Notes are short papers on focused research issues. They are subject
DTI Consultation on Proposals for a Special Administrator Regime for Energy Network Companies Ofgem s Response
DTI Consultation on Proposals for a Special Administrator Regime for Energy Network Companies Ofgem s Response June 2003 Introduction Ofgem welcomes the DTI consultation on proposals for a special administrator
1.040 Project Management
MIT OpenCourseWare http://ocw.mit.edu 1.040 Project Management Spring 2009 For information about citing these materials or our Terms of Use, visit: http://ocw.mit.edu/terms. Project Organization Project
How are companies currently changing their facilities management delivery model...?
Interserve and Sheffield Hallam University market research 2012 Page 2 www.commercial.interserve.com How are companies currently changing their facilities management delivery model...? we have a strategy
ON-TIME AND ON-BUDGET: KEY ISSUES IN NEGOTIATING CONSTRUCTION CONTRACTS
ON-TIME AND ON-BUDGET: KEY ISSUES IN NEGOTIATING CONSTRUCTION CONTRACTS ACC REAL ESTATE COMMITTEE PRESENTATION SEPTEMBER 17, 2009 SEAN T. BOULGER, ESQ. WILMER CUTLER PICKERING HALE AND DORR LLP I. Introduction
A Study On Factors Influencing Construction Contract Claim Management
A Study On Factors Influencing Construction Contract Claim Management K.Sundhar #1, N.Nandhini #2 #1 PG Student (M.E Construction Engineering and Management), #2 Assistant Professor ( Department of civil
How to Prepare and Evaluate Tenders
Knowledge How To How to Prepare and Evaluate Tenders An offer, usually in writing, to execute work or supply goods or services at a stated price, and under stated conditions. CIPS members can record one
Darryl Anderson PROJECT MANAGEMENT Harbour Authority Associa9on of Bri9sh Columbia March 6, 2014
Darryl Anderson [email protected] www.wavepointconsulting.ca Contact: 778-410-5031 PROJECT MANAGEMENT Harbour Authority Associa9on of Bri9sh Columbia March 6, 2014 OUTLINE Learning objectives. Types of
Financial and Commercial Services NEGOTIATIONS WITH SUPPLIERS
Financial and Commercial Services NEGOTIATIONS WITH SUPPLIERS Contents 1. How to Negotiate... 3 2. Post-tender Negotiation... 4 3. Single or Sole Source Supplier Purchasing... 5 4. The Stages of Negotiation...
A Guide to Business Collaborative Contracting
Major Projects Ready A Guide to Business Collaborative Contracting INFORMED / CONNECTED / COMPETITIVE / SUSTAINABLE MAJOR PROJECTS READY A GUIDE TO BUSINESS COLLABORATIVE CONTRACTING FOR SERVICES INDUSTRIES
Understand How to Make. Successful Deals in Business
Understand How to Make Successful Deals in Business Introduction The art of making deals is essential to running any business, whether you are a street vendor or the managing director of a multinational
