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Nature of construction contracts
Nature of construction contract
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The owner, contractor, and subcontractor; what are they pursuing? What do the owner, contractor, and subcontractor have in common? What are they pursing all together? They are pursing the goal of coming together to build a project in a legal matter set in stone in legal binding to fulfill each other’s interests. How this process is executed has to be understood to avoid breaching of contract, parties being fully competent, and the work specified to be completed. The beginning process begins as the contract being awarded to the contractor presenting the “lowest and best offer”. The contractor that was awarded as the lowest and best offer must be a responsible bidder. The responsible bidder is held to standards such as having the financial, …show more content…
Must have the necessary experience, organization, and technical skills; 6. Must have the necessary production, equipment, or the resources to obtain them; 7. And last, be qualified for award under applicable laws and regulations. The determination from the method above used is determined to measure the contractor’s responsibility to perform specified work. Once the contractor is considered to be eligible for the bid, they are considered to be the responsive bidder that negotiated and considered the best value. Failure to comply with all the requirements for competitive bidding can result in the contractors being nonresponsive, basically loosing the contract. Once the bidding process is done and a contract is enforced, it’s very important to make sure all parties; the owner and contractor, in the contract are interpreting the contract correctly. It doesn’t have to use specify words but all parties in contract must be in a full agreement to know what the contract is asking for from each party, their duties and responsibilities to fulfill, and understand the consequences that will be taken into action if not fulfilled. (Kelleher, T.J, 2005, pg.89) 1. Every contract should be defined as: 2. A real agreement between
This case study examines various real estate contracts – the Real Estate Purchase Contract (REPC) and two addendums labeled Addendum No. 1 and Addendum No. 2 – pertaining to the sale of 1234 Cul-de-sac Lane in Orem, Utah. The buyers in this contract are 17 year old Jon D’Man and 21 year old Marsha Mello; the seller is Boren T. Deal. The first contract created was Jon and Marsha’s offer to purchase Boren’s house. This contract was created using the RESC form, which was likely provided by their real estate agent as it is the required form for real estate transactions according to Utah state law. The seller originally listed the house on a Multiple Listing Service (MLS); Jon and Marsha agreed that the asking price was too high for the neighborhood (although we are not given the actual listing price), and agreed to offer two-hundred and seven-thousand dollars ($207,000) and an Earnest Money Deposit of five-thousand dollars ($5,000). Additionally, the buyers requested that the seller pay 3% which includes the title insurance and property taxes. After the REPC form was drafted, the two addendums were created. Addendum No. 1 is from the seller back to the buyer, and Addendum No. 2 is the buyer’s counteroffer to the seller.
When discussing the concept of contract law, there exist two bodies of legal rules that may apply to the contract. These bodies are the common law of contracts and Article 2 of the Uniform Commercial Code or the UCC. The common law of contracts is court made and is constantly changing, but the UCC is required in every state within the U.S.A. It is important to know which one to use and when, as well as what the differences between them are.
Based on the textbook and my understanding, whenever there are negotiations between a procurer and a supplier regarding a competitive bidding, the first thing that might be favored is the scope of the project, meaning both will sit down and discuss the entire project prior the work begins. Meanwhile, during the negotiations, evaluation criteria should be clear, and stated and defined. As the evaluation is based on the criteria stated and the procurer can request or ask the supplier’s opinions on certain specifications and where things can be improved.
As the United States economy struggles through a sluggish time with the stock market dropping and unemployment rising, being competitive in the job market has become extremely important among professionals. Engineers are no exception. For most engineering firms, being competitive and successful requires obtaining design projects offered by companies in other fields. These projects can range from designing heating and ventilation systems for office buildings to water systems for cities to computer networks for businesses—the list of possibilities and disciplines is extensive. To get these jobs, engineers must make a bid proposal for the project. Bidding involves estimating the entire cost of the project, including the designing and building processes, as well as the materials and labor. Usually, the company with the lowest bid and the best plan gets the job. The ethical issue in this process is determining the cheapest building materials and construction procedures possible without compromising public safety.
Joint Venture is “a partnership, individual, or corporation that pools labor and capital for a limited period of time” (Kubasek, Brennan, Browne, 2015, p. 431). This method can increase liability and limit outside opportunities where the business can not expand their product line and have to utilize the products provided by the company they have a joint in a agreement. The mission of the coffeehouse is to be unique and special. This type of model would not allow originality and for that reason, its not recommend that Shania get involved with a joint venture.
Imagine this, you are looking to buy a used car. You go to a car dealership that is very popular. They show you a car that you really like and you tell them that you are very interested, you just want to evaluate the alternatives first. You decide to go to an another car dealership, but this time it is a dealership that just started business. This dealership shows you a car very similar to the car you liked at the other dealership, and on top of that, it is almost $10,000 cheaper. Immediately, you know that the dealership is giving you a good deal and without hesitation you buy the car. A few months later you begin to notice that the transmission is going out in your recently purchased car. You go to the dealership and complain, but they say that’s too bad, you bought the car as is. You are beyond frustrated. You tell your friends to never buy a car from that dealership. If the company continually screws over their customers, the business will be unethical and once others find out about the poor business, it will spread like a wild fire.
There are two primary rules, used by all properly managed companies, from one-appraiser firms to Fortune 500 companies:
The case presented is that of Sam Stevens who resides in an apartment. He has been working on an alarm system that makes barking sounds to scare off intruders, and has made a verbal agreement with a chain store to ship them 1,000 units. He had verbally told his landlord, Quinn, about his new invention and Quinn wished him luck. However, he recently received an eviction notice for the violation of his lease due to the fact that his new invention was too loud and interrupting the covenant of quiet of enjoyment of the neighbors and for conducting business from his apartment unit.
personnel that would be engaged in this task. Once they have been decided , the necessary
Buyer will get legal advice, review contract, arrange pre-purchase property inspections, and start getting load before signing.
..., 2013). As these contractors are risk-averse, they will drop out in the first phase leaving only the most efficient contractors to compete against each other. Furthermore the inclusion of a premium, offers less incentive for collusion as contractors are more inclined to deviate from a cartel to receive a higher payoff. Although theoretically feasible in a controlled environment, in real life there are laws and regulations that protect firms against collusive practices. In the case where the client may suspect collusion is a real possibility, AMSA offers the most effective collusion deterrence. However administratively it may be difficult to implement phase 1, where the price sequentially drops as the tender process takes several months with contractors rarely interacting with each other compared to an auction where the bidders are together and bid in one sitting.
The vendors will outline how the work will be accomplished, who will perform the work, and vendors experience in providing the service. Additionally, the vendors will be required to submit work breakdown structures (WBSs) as the hierarchy structure below and work schedules to show their understanding of the work to be performed and their ability to meet the project schedule. There are constraints to be included in the RFP and communicated to all vendors in order to determine their ability to operate within these constraints. The project schedule is not flexible and the contractor must complete the service within the established project schedule of 1 year. The contractor must support the approved project scope statement.
First, traditional path is the tender documents have been prepared and then invite the tender and the employer appoints the contractor to construct the project.
Fleming (2003) posited that there is a clear and important distinction that should be made that delineates the work of the project from the inside work of the company. This work is delineated by the “make work” and the “buy work” of the project. With this delineation comes different way in which legal aspects will be applicable to the project. With “make work” the amount of details required in the statement of work (SOW) is significantly less than that of the “buy work” (Fleming, 2003). Fleming (2003) stated that the tolerance for error is significantly and self-correcting when dealing with “make work” that is kept in house. Conversely, when dealing with “buy work” the SOW should list the entire scope of work in detail. Fleming (2003) posited that when dealing with “buy work” a company should know the full scope of work; furthermore, a company should be able to describe any requirements in detail to the seller. When writing a SOW for “buy work” the buyer should write the...
Step 5, acquisition and analysis of proposals: after having all the information from the relevant suppliers, the organization should analyse the information according to their criteria and standard.