Summary The background of the paper is explained how the engineer, employer and the contractor work together in a contract. Traditional build contracts can be high risk, as the contractor doesn’t have control over the drawings. In comparison to a design and build contract, where they know full well that the drawings are correct to their standards. And assume all responsibility. Who’s to blame if a building is built to the specifications and drawings, and the building doesn’t stand. The contractor is responsible for constructing the design provided to it This paper also goes over some past court cases. And how they turned out the way they did The design risk can be held by any of the parties, the employer should be making sure that the contractor and the engineer are kept close at all times constantly in contact with any queries about drawings specifications, quantities, buildablility and design deficiencies to the permanent work design. It explained the finer details of how a job can go wrong and who would be responsible in what occasion, the scenarios and outcomes are all found in the Red Book. Buildablility design risk: current case law The case Thorn v the mayor and commonalty. A job was advertised, and work was to be based on certain drawings and specifications. But the drawings weren’t guaranteed to work. So the contractor employed a second engineer to check over the drawings and said that the structure will stand. So the contractor went ahead knowing that the risk and responsibility lied on their company. After work started it was discovered that the caissons wouldn’t stand at high tide. Which were in the specifications, so all work had to be carried out at low tide making the job longer and more costly. The case went to c... ... middle of paper ... ...e buildablility design risk, which could be a big risk for the employer. Or the contractor can get novation of the consultancy agreement to guarantee that the engineer is fully responsible for the specifications and drawings. The contractor could contact the employer and suggest a design and build contract, which would ensure that the contractor would be fully confident in the design, but may cost the employer more money. If none of these the contractor could get its own engineer to look over the drawings and check them, but this can also lead in further complications. After reaching all of these measures it would push up the cost of the tender package making it less likely to be accepted, but it would have a smaller risk behind the job. Bibliography Rosenberg, K., 2012. Design Risk Alloctation Under A Traditional Build Contract, s.l.: Society of Construction Law.
The construction of a building or buildings is a complex process which includes numerous parties and various different activities. Large projects need the cooperation of many organizations including clients, architects, engineers, financiers, builders and subcontractors while even small projects are beyond the extent of a single organization to complete in isolation. The domain knowledge of involved parties are different and effective completion of the project requires intense cooperation during design, manufacture and maintenance/management of the system.
In the majority of all project activity, it entails some kind of risk of which may overall impact the successful project completion. Upon the completion of the project with its scope, tasks, budget and timeline, it is imperative to make an overall risk assessment to access any risk that may be considered impactful in the project (Lock, 2007). Any associated risk assessment is well-thought-out
...f the building without taking in the consideration that the changes made to the building as it was being constructed would have a huge impact on the safety margin of the building.
The construction site was in a downtown area of a large southeastern city, criss-crossed with city streets, utilities, and immediately adjacent to mid-rise and high rise buildings. Nearly all of the work was required to be constructed within temporary piling structures to limit settlement of adjacent structures. The construction contract called for seven phase releases of work areas and nine completion milestones, each milestone has its own liquidated damages penalty. The construction contract was valued at $10 million, and the duration was 545 calendar days. Following the completion of the work, the contractor filed a claim for $5.5 million and 1.1 million in interest. The authority subsequently denied the claim and the contractor, in accordance with the contract, filed an arbitration demand with the American Arbitration Association. Following the contractor’s issuance of the demand letter, the parties agreed to resolve the dispute through negotiation” (Ray,
Price and trust are one of key that taking part in the construction procurement. The parties that usually involved in determining a price for whole or certain jobs in the construction project is clients, subcontractors, and the main contractor. Neither price nor trust can be underestimated as procurement mechanism. Usually the subcontractor is the one of the important organizational parts to drive a project towards its completion. Selecting appropriate subcontractors and managing the relationships are important to the project performance. In reality, the main contractors will give the priority to the others that have a lower price from the bids. Not h...
According to the FIDIC standard form of contract the Engineers shall act as a Contract Administrator and the employer pay to the Engineer in accordance to
Nonprofit Risk Management Center. (August 23, 2004). Fact Sheet. Construction and Building Repair (No date), Retrieved May 28, 2014, from https://www.nonprofitrisk.org/tools/workplace-safety/nonprofit/c6/construct.htm
The Standard Forms of Contracts can be improved to better the dispute resolution process. Despite the Standard Forms of Contracts such as ABIC MW 2008, AS400-1997, AS2124-1992 and FIDIC addressing the dispute resolution clauses to alleviate solving disputes, there are still issues that these contracts may need to be reviewed in detail to deal with the rapid changing construction technologies.
The plaintiff bought a built as such to the plans approved by the defendants. But the independent consulting engineers who had carelessly failed to note an error in the calculations which rendered inadequate the concrete raft foundation necessited by the sl...
Risks are inherent in almost every work done by human so as in construction projects. Lives, property and money are lost due to these risks. These losses can happen due to human carelessness or extreme environmental conditions and these losses can be mitigated by proper risk management plan. Construction projects are vast and complex. The risks vary by varying construction projects types. This paper addresses the most common construction risks in all types of construction projects and their mitigation strategies.
Scott Jardine, 2007, “Managing risk in construction projects – how to achieve a successful outcome – an article”, PricewaterhouseCoopers.
When trying to design for automated construction systems, all parameters of a construction process must be integrated accurately and constantly to satisfy relevant parties, and finally, the quality of construction materials and products in terms of geometry, physical and design aspects will be changed. In order to reach automated construction goals, all the following aspects have to be fulfilled:
Building structure and bridge structure, though built with well-considered design, may still have structural problem or even collapse with time. In this regard, the designer of the structure, which is the civil engineer, may have to bear of responsibility of professional negligence. Nonetheless, most of the engineers should be professional and have followed good control of structure quality, code of practice and good on-site supervision, despite the structure built may fail after the construction. To defense themselves, engineers involved should focus on their legal responsibility on the structure and other factors that lead to the failure of the structure.
However, there are some disadvantages in the processes. First, it is very consume time in the pre contract process due to the strategy is sequential and construction cannot be started before the completion of design. Also, the contractor is not appointed in the design stage, so the contractor and supply chain are no input into the design or planning of the project. Mo...
In conclusion, civil engineers have a responsibility to deal with current issues in a professional and ethical manner for the benefit of society. The topics discusses included: high energy consumption of buildings, the need for efficient water resources, transportation planning, poor infrastructures doomed to failure, the need to have higher standards to become a licensed professional engineer, how globalization has affected all engineers, and the need to have more professional use advance engineering informatics. All these subjects were pondered about how these challenges can be overcome are there effective methods that engineers can apply today. Unfortunately, not all problems are easy to handle.