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Definitions• Architect• Building Industry• Quantity Surveyor (QS)• Main Contractor• Engineers ‐ Structural, Mechanical and Electrical• Client/Employer• Construction Industry• Construction Process• Subcontractor• Parties to the construction process• Civil Engineering Construction Industry
Building vs Civil Engineering Must be seen as two different industries within SA
Production Process
Inputs– Capital– Human Resources– Materials– Entrepreneurship
Processing– Construction Process
Outputs– Completed Facility
INPUTCONVERSIONS/ PROCESSING OUTPUT
Construction Contracts & ConstructionProcesses
Construction Contract
• An agreement between:– the contractor, which agrees to:
• construct• built ‐ or civil engineering work
– for the client:• at a specified price
YOU BUILD I PAY
Requirements for a Legal Contract
• Consensus
• Legality – agreement to commit an offence is illegal
• Physical possibility
• Formalities
• Construction contracts can be verbal, but is notrecommended
• Competent parties (contractual capacity)
Concluding a Construction Contract
• A contract is entered into, when one person makesan offer and the other accept
• NBNB: Distinguish between an offer and aninvitation to negotiate
• In the construction industry, contractors are invitedto make an offer ‐ to tender
• Each tenderer’s tender is an offer
• On acceptance of the offer, a contract is concluded
Concluding a Construction Contract (continued)
Different types of tenders
• Addressed to a limited group of tenderers
or
• An open invitation through the media
The basis of acceptance of a tender
• The lowest or any tender (offer) will not necessarilybe accepted
Concluding a Construction Contract (continued)
• Written agreements are preferable to verbal contracts• The QS verifies the priced bill of quantities• The QS investigates the financial status of the contractor• He then makes a recommmendation to the principal agent
(PA)• The PA scrutinises previous work done by the contractor,
and makes a recommendation to the client• If the client is satisfied , an agreement between the parties
is concluded
Contract Documents
• Contract drawings• Specifications• Priced bills of quantities• Preliminaries• Agreement• Tender form (EC Data & CE Data)• Explanatory letters• Tender qualifications
Types of Construction Processes
• Traditional construction process• Design & Built• Cost re‐imbursable• Package‐type contracts• Turn‐key contracts• Construction management
A contractual agreement is compiled according tothe agreed construction process which will beused for the project
CONTRACTUAL ARRANGEMENTS: S.A. BUILDING INDUSTRY (JBCC)
1. Std agreement for Client/Principal Consultant/Principal Agent (PROCSA)
2. Std agreement between Client/Consultants (PROCSA)
3. MBSA domestic S/C agreement
4. JBCC N/S S/C agreement
5. No specific agreement. Client to decide.
Agents:• Arch• QS• Civ E• M/E Eetc
Dom S/C:• Bricklayer• Plasterer• Painteretc
Nom/Sel S/C:• Electr.• A/C• Lifts• Sprinklers• L/scapingetc
PA
DIRECT CONTRACTS
E C2
3
4
1 JBCC PBA
5
Traditional construction process
• Client appoints professional consultants and main contractor
• Main contractor appoints his own subcontractorsafter the contract is awarded
• Main contractor appoints selected and/or nominated subcontractors after consultation with PA
• Each party to the process separately executes his part of the entire process.
Traditional construction process(continued)
• PA is responsible for the management of the process• A contract is signed between the PA and the client• The same with the main contractor and his sub‐contractors
• Process culminates in a contract with or without billsof quantities
Traditional construction process(continued)
• Standard agreements of the Joint Building ContractsCommittee (JBCC) are generally used for buildings
• General Conditions of Contract for Civil EngineeringConstruction (GCC 2010) is generally used for civilengineering projects
• Two other standard forms of contract used in thepublic and private sectors are the New EngineeringContract (NEC) and the Fédération Internationale des Ingénieurs‐Conseils (FIDIC)
Traditional (Conventional) ProcurementProcess
The Traditional (Conventional) Procurement Process is a serial process by which the employer (client) obtains land for development and usually appoints as required by the project an architect, a QS, consulting engineers and various other professionals to prepare documentation for tender purposes and the execution of the construction work by the successful main contractor and his subcontractors, with a PA acting on behalf of the employer.
Traditional (Conventional) ProcurementProcess (continued)
• The client generates an idea, with or without theassistance of a QS and/or financial advisor, to assessthe scope of the idea
• In the design phase the idea is considered in more detail with the help of various specialists in order tohave a complete design before tenders are called for. The more detailed the design, the more accurate thebills of quantities and therefore, the tender prices
• The tender documents are now compiled with theassistance of the QS, architect and engineers
Traditional (Conventional) ProcurementProcess (continued)
• Main contractor and subcontractors submit their tenders• QS, architect and engineers evaluate the tender documents
• Contract is concluded between the main contractor andthe client
• After site handover the construction work is completedby the main contractor, his subcontractors and otherdirect contractors, under the supervision of the architect, engineers, inspectors and (sometimes) a clerk of works
• QS compiles monthly payment certificates as the workprogresses, as well as a final account. The architect signsand issues the payment certificates for the client to paythe contractor
Flow diagram of the traditional (conventional) procurement process
Employer/client/developer Financial advisors (quantity surveyor)
Design
ArchitectStructural Engineer Civil Engineer Mechanical Engineer Electrical EngineerQuantity SurveyorLandscape ArchitectLand SurveyorOther
Town and Regional Planner Municipal zoning regulations and other restrictions on design
Quantity SurveyorArchitectEngineers
Tender
SubcontractorsSuppliers
Adjudication of tender
Quantity SurveyorArchitectEngineers
EmployerMain Contractor
Building/Civil worksMain ContractorSubcontractorsSuppliers
Supervision:ArchitectEngineersClerk of WorksInspectors
Final account Quantity Surveyor
Completed building/civil works
Concluding contract
Main Contractor
Tender Documents
Contractual commitments and lines of authority in the traditional (conventional) procurement process
Architect/Engineer/Principal Agent
Quantity Surveyor
Engineers
Suppliers to Main Contractor
Employees of Main Contractor
Employees and Suppliers of Subcontractors
Employees and Suppliers of Nominated/Selected Subcontractors
Nominated/Selected Subcontractors
Subcontractors
Lines of authority
Employer
Main contractor
Contractual commitments and lines of authority in the traditional (conventional) procurement process
Employer
Engineers
Quantity Surveyor
Architect
Main contractor Employees of Main Contractor
Suppliers to Main Contractor Employees and
Suppliers of Subcontractors
Subcontractors
Contractual commitments
Nominated/Selected Subcontractors
Employees and Suppliers of Nominated/Selected Subcontractors
Advantages and disadvantages to thetraditional procurement process
Contracts with bills of quantities:
Bills of Quantities are documents in which all the labour andmaterials needed to construct a building, or other facility, are accurately given in prescribed units according to a standard methodand in which the circumstances under which the work is to beexecuted are fully described
Advantages:
• Working drawings and specifications are usually completedbefore bills of quantities are produced and tenders are called for
• Competitive tenders are based on identical information. Differences in tender prices will indicate the efficiency of thevarious tenderers
Advantages and disadvantages to thetraditional procurement process
(continued)Advantages:• The correctness of the quantities in the bills of quantities is
the client’s risk• Rates in the bills of quantities serve as reliable basis for cost
adjustments resulting from variations in the contract• Monthly payments are made to the contractor on the basis of
the amount of work completed and the rates in the bills of quantities
• Final accounts are easy to settle as rates that are used tocalculate the cost of variations are already known in thetender stage
• Costs are saved because the bills of quantities are compiled by the QS only
• Contractors generally prefer to tender for projects with bills of quantities as this provides a sound basis for tender evaluation
Advantages and disadvantages to thetraditional procurement process
(continued)Advantages:• Projects with bills of quantities generally attract a
sufficient number of competitive tenderers due to thereduced amount of work involved for each individualtenderer
• Priced bills of quantities provide good information forfinancial analysis and cost control for all parties involved
Disadvantages:• It is not absolutely certain what the final costs will be.
Quantities given in the bills of quantities as provisionalmay differ from the final measurement
• It takes time to prepare bills of quantities and involves“visible” QS costs
Construction contracts with ProvisionalBills of Quantities
Advantages: • All the advantages for the accurate bills of quantities are
also applicable to provisional bills of quantitiesDisadvantages: • Tender information is based on incomplete working
drawings and specifications. The final quantities may differsubstancially from the quantities in the bills of quantities
• Projects based on provisional bills of quantities are characterised by numerous variations
• The client, professional consultants and tenderers are subject to time restraints, communication gaps and rapiddecision making, which increase risks to all and thepossibility to make mistakes
Construction Contracts with Schedule of Rates
Advantages:• Tenders can be called for at a very early stage and basic rates are
available to determine the costs while the work is in progress. Variations are also based on predetermined rates
• All other tender documentation can still be of a high standardDisadvantages: • Proper financial analysis and cost control are difficult due to the
lack of completed working drawings, specifications andquantities
• Numerous adjustments may occur with the preliminary bills of quantities as design isn’t thoroughly planned during tender stage
• Time limits, communication gaps and quick decision making causes mistakes to be made and the risk increases for all parties
Lump Sum Contracts – Contracts without bills of quantities
Advantages:• Working drawings and specifications are completed before
tenders are invited and the procurement process is basedon complete documentation, except for bills of quantities
• The employer is usually certain what the final cost will bebefore the building operations start as the successfultenderer is responsible for both the quantities and rates. Monetary allowances, however, can influence the finalcost
• Tenderers prepare their own “contractors’ quantities” which may result in a time saving. The client also does nothave to appoint and pay for a QS
• Monetary allowances can be included in the specificationand consequently will be included in the tenders
Lump Sum Contracts – Contracts without bills of quantities (continued)
Disadvantages:• No contractual basis for the adjustment of costs if
variations occur• No simple basis for monthly payments or cost control• Tenderers must prepare their own builder’s quantities to
determine their tender price. This cost is eventuallyreflected in tenderers’ overhead costs
• MBSA’s rule that members won’t tender in competitionfor a project > R500 000 or for dwelling houses > 500 m2 irrespective of price without bills of quantities
Cost Plus Contracts (cost re‐imbursable)Advantages:• The quickest possible way of getting construction work startedDisadvantages:• Little incentive for the contractor to keep costs as low as possible,
especially where the “plus” is coupled to the “cost” as a %• Defining and application of “cost” and “plus” elements
problematic• Final costs are typically higher than that for other contracts• Difficult to separate the cost involved in correcting mistakes
incurred by the contractor from actual project costs• Final costs are not known before completion, which inhibits
decision making• Accurate financial analysis and control is almost impossible for
any of the parties• Contract documentation is seldom comprehensive and complete
Packaged, design‐and‐build and turnkeyprocurement processes
Package processes are offered by the coordinatorusually a main contractor to a potential client at aspecific price that includes all professional services anda construction contract and sometimes also the site, equipment and commissioning of the facility
Contract documentation is not necessarilycomprehensive and complete
BOT: Build Operate TransferBOOT: Build Own Operate TransferBOTT: Build Operate Train TransferROTT: Repair Operate Train Transfer
The package procurement processAdvantages:• A simple solution to meet the client’s requirements• Client is freed from the responsibility of appointing various
professional consultants and entering into numerous contracts• Process is very rapid. Communication channels are short and
concentrate on management activities• Some packages, especially those producing housing and industrial
buildings, may be to the financial advantage of clients(guaranteed returns and/or collateral assistance)
• In cases such as individual housing, “packages” that offer a total service even including finance are sometimes the only possible solution for the employer’s problems, which he often cannot handle on a fragmented basis
• Where financing forms part of the “package” it is frequently the only and most effective way by which the client can obtain financing. Contractors provide various types of guarantees to financial institutions which undertake to provide financing
The package procurement process(continued)
Disadvantages:• The disadvantages of contracts without bills of quantities
also apply here• The client stands contractually on his own. He may find
himself in an unenviable position if problems do arise• Legal costs and expert advice in such cases are expensive• It is difficult to determine whether the client is getting the
best value for his money as there are no comparativeprices
• The contractual relationship between the client and thecontractor depends on good faith
Flow diagram of a package procurement processMain contractor/ Compiler of package
DesignProfessional services without executive powers
Employer Financing
Building or other facility
Main ContractorSubcontractorSuppliers
Completed building or other facility
Contractual commitments and lines of authority in the package procurement process
Employer
Main contractor
Contractual commitments
Architect
Quantity Surveyor
Engineers
Private Consultants or Consultants employed by the Main Contractor
Employees of Main Contractor
Suppliers to Main Contractor
SubcontractorsEmployees and Suppliers of Subcontractors
Contractual commitments and lines of authority in the package procurement process
Architect / Engineer
Quantity Surveyor
Engineers
Employer
Main Contractor
Lines of authority
Private Consultants or Consultants employed by the Main Contractor
Employees of Main Contractor
Suppliers to Main Contractor Employees and
Suppliers of SubcontractorsSubcontractors
Project Management and ConstructionManagement
Project Management• A procurement process for which the client appoints an
agent or employee at a professional fee or a salary tomanage the whole process for the erection of a buildingor other facility in such a way the client’s requirementsregarding time, cost and quality are met
Construction management• A procurement process for which the client appoints a
manager at a professional fee or salary to manage theconstruction work on site from beginning to end by usingspecialist contractors
Contractual commitments and lines of authority in the project management procurement process
Architect
Quantity Surveyor
Project ManagerEngineers
Main contractor Employees of Main Contractor
Suppliers to Main Contractor Employees and
Suppliers of Subcontractors
Subcontractors
Contractual commitments
Nominated/Selected Subcontractors
Employees and Suppliers of Nominated/Selected Subcontractors
Employer
Contractual commitments and lines of authority in the project management procurement process
Employer Architect
Project Manager/ Principal Agent
Quantity Surveyor
Engineers
Employees of Main Contractor
Employees and Suppliers of Subcontractors
Nominated/Selected Subcontractors
Employees andSuppliers ofNominated/Selected Subcontractors
Subcontractors
Suppliers of MainContractor
Lines of authority
Main contractor
Contractual commitments and lines of authority in the construction management procurement process
Employer Architect
Quantity surveyorProject Manager/ Principal Agent
Construction Manager Engineers
Employees and Suppliers of Specialist Contractors
Specialist Contractors
Lines of authority
Contractual commitments and lines of authority in the construction management procurement process
Employer Architect
Project Manager Quantity surveyor
Construction Manager Engineers
Employees and Suppliers of Specialist Contractors
Specialist Contractors
Contractual commitments
Advantages of Project Management• Total development cost may be lower ‐ certain traditional
professional services or main contractor not required. Centralmanagement with unity of authority increases efficiency andeffectiveness
• Technical, financial and programming skills of the projectmanager are utilised fully from the conceptual stage
• Client’s direct involvement is reduced to a minimum• Managed “fast track” construction where design,
documentation and construction work take place concurrently, is possible
• Consultants have no dual responsibility• There is greater specialisation with less fragmentation• Efficient time, cost and quality control can be applied on a
formal basis• The advantages of good management are to the benefit of all
parties, especially to the client
Disadvantages of Project Management
• The client has an additional commitment with respect toprofessional fees, which is not necessarily compensatedfor by visible or proven savings
• The client enters into a greater number of contractualcommitments with potentially more problems
• The consultants have less direct contact with the client