Download PDF by J. Roger Knowles: 200 contractual problems and their solutions

By J. Roger Knowles

ISBN-10: 1118257030

ISBN-13: 9781118257036

ISBN-10: 1118257049

ISBN-13: 9781118257043

Procurement -- Tenders and bidding -- layout -- Letters of rationale -- Programme -- Delays and hold up research -- Extensions of time -- Liquidated/delay damages -- adaptations -- Loss and expense/additional price -- cost -- useful finishing touch and defects -- Rights and treatments -- Adjudication

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This requirement is unlikely to be of much assistance. Often, tender enquiry documents stipulate that where a genuine error has occurred, a tenderer may amend its tender prior to the deadline. To allow a tenderer to adjust its tender, however, could, in certain cases, lead to abuse. A tenderer, having heard details of its competitors’ bid prices, may decide it would be in its interest to alter its own price if it were permitted. The request to amend a tender may not affect the price, but may relate to supporting documentation which is intended to support the bid.

1. Architects and engineers are usually involved in projects from the outset. Early advice given often relates to the procurement methods to be adopted. There is an ever-growing array of alternatives from which to choose. Is it to be the lowest price, or partnering with collaborative working? Will contractor design be appropriate and is this procurement method in the client’s best interest? If a JCT contract is to be employed, will the advice regarding which of the JCT alternatives is to be used follow the recommendations included in ‘Deciding on the Appropriate JCT Contract’, published by the JCT?

5. 6. 7. Procurement 21 time periods involved. During the first period, which is the preconstruction period, the management contractor should be appointed as early as possible to enable it to have an input into such matters as the design of the project, in particular the buildability aspect; health and safety matters; preparation of the budgets for works packages; and the programme. The fee to be paid to the management contractor is usually agreed at the outset of the preconstruction period. During the construction period the works packages are put together by the management contractor in conjunction with the employer’s professional team.

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200 contractual problems and their solutions by J. Roger Knowles


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