3.0 Contract Administrator act as Referee.
There are various standard forms of contract being used in the construction work, namely JCT (Joint Contract Tribunals), NEC (New engineering Contract), FIDIC (International Federation of Consulting Engineers). In which, Contract Administrator plays a key role as a referee between the Employer and Contractor.
3.1 Payment to Contract Administrator
In all standard forms of contract, the contract administrator is being appointed by the employer and they act as employer representative, as the payment for contract administrator is made by the Employer.
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
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For each delay events, the Contractor should serve the notice with 28 days of the each event in accordance to sub clause 20.1 “Contractor Claims” the contractor should keep the contemporary record and Engineer will review and comments the records prior to the claim submission. In every Project, the Engineer is not acting as a referee and reviewing and investigating the subcontractor contemporary records appropriately. They simply reject subcontractor claims by considering subcontractor delays which may not be sole cause for the total delay of project. Even if the Extension of time is approved, however, the appropriate actual prolongation cost for the approved Extension of time is not being approved.
• Evaluation.
According to FIDIC 1999 Red book Clause 12.3 “Evaluation” in Bill of Quantities, any item whenever the quantity is gets increase more than 10% which will be multiplied relevant rate agreed in the Bill of Quantities and such increase in value by 0.01% of the contract value in such scenario the new prices to be agreed to the relevant item in discussion with Engineer and such should be adjusted to the contract sum. But most of particular conditions of contract, the Engineer deletes this clause to favor the Employer.
• Value
The Contract Administrator provides analytical and specialized administrative support on a daily basis to the assigned team(s). The incumbent’s primary responsibilities include
In this scenario, Al Anood was the accepter (offeree) of the contract and she agreed to enter into contract with Khalfan & Sons Co. within the set terms. The terms of the contract stipulated that she will perform the duties of a secretary. There was nowhere it was indicated in his terms of employment contract that he was to perform the duties of the company driver. Thirdly, there is consideration which is the benefits the parties to the contract will receive. In this scenario, Al Anood was to receive RO 200 for 40 hours per week for the services he was to offer with Khalfan & Sons Co. while the company was to receive the services of a company secretary from Al
The sales director proposed that if the firm were to reduce the price of Item 345 to FF15.00/m, they would be able to increase sales to 175,000 units (or 25% of industry volume). But if they were to keep the price at the current value of FF20.00/m, they would be able to sell not less than 75,000 units (or 11% of industry volume).
take longer complete in the stipulated timeframe but I failed to negotiate effectively regarding my
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.
Disputes are almost unavoidable between people when there are disagreements or misunderstandings. In the construction industry, contractual relationships could lead to dispute. To resolve disputes, construction disputes are most likely encouraged to use Alternative Dispute Resolutions such as arbitration, mediation, and mini-trials to resolve their disputes faster and keep the dispute confidential and at lower cost (Ray, 2000). The construction case presented in this paper first resorted to negotiation; however, it could not give the parties a resolution which led to a mini-trial.
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Signode Industries Inc. - Providing Packaging Solutions Executive Summary SIGNODE INDUSTRY: DILEMMA AT HAND: Mr. Gary Reed, President of Signode Industries packaging division, is in a dilemma as what he should be his course of action to meet the 6.8% increase in price of cold rolled steel- the raw material used in manufacture of Signode’s primary product, steel strapping. There are few options given in the case: Increase Signode’s strapping prices to offset the increased price of cold – rolled steel. Maintain Signode’s current book prices as increasing prices would affect sales force morale. Introduce price-flex model as proposed by Jack Davis i.e. a kind of selective discounting or premium charging for customized services. Recommendations Reason: (All data in accordance to 1983) In accordance to Exhibit 1: Sales of Packaging Division of the company = $285,950 In accordance to Table A: Sales of Apex = 33.3% of $285,950 Sales of BBM = 26.8% of $285,950 Sales of HDM = 33.4% of $285,950 Sales of Customized Products = 6.5% of $285,950 In accordance to Exhibit 4: Similarly, For Apex: As it has a capacity utilization of 71% now, Suppose a sale is $100. Then contribution is $39.15 Therefore variable cost is $60.85. Now if we increase the capacity utilization to 100%, Sales becomes $ 141 since production increases by [(100-71)/71] * 100 = 41% Variable Cost = 141% of 60.85 = $85.8 Fixed Cost = 69.38% * 12.3 = $8.53 Total Cost = 85.8+8.53 = $94.33 EBIT = Sales – Variable cost – Fixed Cost = $46.67 % of EBIT = [(46.67/141) * 100] = 33.09% Suppose the company sales 100x units, the total cost was 69.38. Thus per unit cost was .6938. Now the company sells 141x units, the total cost...
Sorted out: You urge individuals to act as a group and work to each other's qualities. You bolster them to create forms for dialogues and central leadership which are comprehended by everybody there. Accordingly, they all see how the choices will be made about which contractual workers to utilise, what the outline will resemble, what the financial backing is and why. They have aggregate duty regarding the
The indicator used to identify the nature of fixed-term contract of employment would fall back to the organisational identification, which is concerned with the perspective of administrative science. George et al, submitted that fixed-term contract of employment is one which the employees would have limited and temporal administrative contact with the employer. Firstly, as the starting point, primary legal definition for the fixed-term contract of employment is an employment landscape that would be ended by effluxion of time specified as the essence of the contract. In addition to that, the contract may be concluded based on the performance of certain task or event.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
In an attempt to provide quick and cheap resolution of payment the NSW Act for instance provides that upon submission of a Payment Claim the respondent has to provide for the Payment Schedule within 10 business days. Similar position is seen in the Victorian Act under s9 with the same amount of time stipulated. However the Cole Royal Commission found that the payments of sub-contractors were delayed or avoided deliberately. Such a practice is carried out by contractors up in the hierarchy of chain of contracts for a number of reasons including: to pay off tail of other jobs; paying off debts or bank over drafts; purchasing property and investing in collateral development etc. Payments have further been held off from the sub-contractors to reduce claims o...
In general, there are different types of procurement type for various situations, due to no one method can be suitable under the all different construction project. In this case, there are four procurement paths, which are traditional, design and build, management and design and manage, which will be advised to use. However, each method has different advantages and disadvantages. 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. There are several advantages of this traditional route in the construction industry.
Ethical rules governing the relationship, “the engineer - the employer” and “engineer – client” require diligent performance of business obligations: provide engineering services to a client or employer that promised to produce, finish work at the scheduled time and within budget, and if not possible to achieve, inform a client or employer as soon as possible to prevent delays, so that the corrective action can be taken, and not to disclose information relating to the state of affairs or technical processes of his former or current client or employer without their consent (NSPE 2003, 01). As recorded in the Code of Ethics of the National Society of Professional Engineers – NSPE, “Engineers shall not reveal facts, data, or information without the prior consent of the client or employer except as authorized or required by law or this...
Since the procurement manager is responsible for executing contracts for most companies, the Agent should support the project manager in making sure the technical aspects, schedule, scope, and risk are captured completely in the SOW. In closing, this paper examines the legal aspects of procurement management, along with how procurement management can be an effective tool for managing projects. This paper focused on the basics of common contract laws, the basics of agency law, the Uniform Commercial Code (UCC), and some aspects that pertain to the Federal Acquisition Regulations (FAR). The company’s position on deciding not to procure all of the material in a contract was examined, along with how that position can be strengthened by understanding the legal aspects of procurement management. Finally, the paper analyzed how the project manager is supported by the contract management function.