BWC Legal Case Study

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1- An advice on the appropriate delivery model Facts to be considered 1- BWC is fully aware of the scope of works to a high degree of certainty. This fact leads to the assumption that the client has a clear set of ideas of his needs and requirements. Aspects pertaining to the functionality and use of the proposed building may well be covered within a detailed Scope and Statement of the works required, which, BWC, should be in a position to do, given their full scope awareness and their previous expertise with similar building premises. 2- Cost Certainty is a major criterion on which BWC will evaluate the choice of delivery model. High levels of cost certainty are required. 3- BWC has a project due date by which all construction should be finished. 4- Assumption: The degree of complexity of the project is NOT high. 5- Assumption: Though BWC has had ready designs for its premises in Christchurch, further design works will be required to account for the difference in layouts, soil types, weather and wind conditions, seismic requirements…etc. The above analysis leads us to the fact that a conventional Design -Build (DB) delivery model may be the appropriate approach. This can be justified as follows: 1- DB will safeguard BWC from any risks including the risks of changes, claims and disputes as well as transferring the overall liability and accountability of the whole project and transferring it to the Designer-Builder, (Kelleher and Smith, 2005). 2- The DB delivery modules will create a single point design and construction responsibility as well as speeding the overall project execution time from design till end of construction by allowing fast-tracking of the design and construction stages, (Stewart, 2014). 3- The na... ... middle of paper ... ...mitted to retract its acceptance to QED’s offer at any time. • BWC has agreed to the offer submitted by QED. The acceptance has been made for that specific offer submitted by QED. It has to be an exact replica of the terms and conditions as submitted by QED. “An offer and an acceptance must fit together like two pieces of a jigsaw puzzle” (Stone, 2005, p 39). This acceptance has already taken place, therefore, BWC cannot alter the scope of works, except with a further agreement with QED. Any further changes to the scope of works after acceptance can be done but with other change orders or addendum, to be agreed upon by both sides. • Since BWC has accepted the offer submitted by QED, QED has lost the opportunity to revoke its submitted offer. It will only be fair and natural for BWC to be held accountable as well and to hold its acceptance as irrevocable as well.

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