Abstract
The construction process is complex and involves high levels of planning, detailed specifications, payment process and documentation procedures. This book’s purpose is to address all these issues and to fill the gap in the general literature available by providing a comprehensive textbook that addresses most of the topics a contract manager or a professional in construction needs to be familiar with. A good example is Chap. 7 (A to Z in Contract Management), which basically addresses in alphabetical order the major topics and clauses that any professional in the construction industry needs to know about contract management. This book is a complete reference work for professionals in construction, and for students embarking on higher degrees in contract and project management, who wish to familiarise themselves with construction and contract law, with the types of construction contracts and procedures (such as lump sum, cost plus and BOT contracts), and with the essential skills required in drafting and implementing a contract. The book also reviews generally the standard forms of contract in use worldwide, and the main recurrent conditions and risk provisions a contract manager must understand.
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Notes
- 1.
Even if the contract manager is not expected to play a primary role in negotiating the terms of the contract, he/she should make every effort to encourage managers to notify them as soon as possible that the transaction is contemplated.
- 2.
If the contract manager is not to be directly involved in negotiations he/she should, at a minimum, provide the designated party representatives with a list of questions that will need to be answered in order for the contracts to be completed so that the representatives can discuss them with their counterparts from the opposite party.
- 3.
The timing of the drafting and revision process is crucial since delays can push the relationship off track and jeopardise realisation of the business opportunities anticipated by both parties.
- 4.
Also called ‘particular conditions’.
- 5.
Decisions have to be made from time to time about such essential matters as the making of variation orders, the expenditure of provisional and prime cost sums, and extension of time for the carrying out of the work under the contract.
- 6.
Modern Engineering (Bristol) Ltd v Gilbert-Ash Northern (1974) AC 689.
- 7.
Parties are assumed to understand that risk allocation and their pricing can be accurately compared.
References
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Case law
Modern Engineering (Bristol) Ltd v. Gilbert-Ash Northern (1974) AC 689
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Haidar, A.D. (2021). Introduction to Contract Management. In: Handbook of Contract Management in Construction. Springer, Cham. https://doi.org/10.1007/978-3-030-72265-4_1
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DOI: https://doi.org/10.1007/978-3-030-72265-4_1
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