Construction Contract Administration by Charles S. Phillips

By Charles S. Phillips

A winning building venture is finished adequately, on time, and inside funds; meets designed functionality; and produces no claims. This publication used to be written to aid these operating with privately-awarded development initiatives meet those goals.

Students, contractors, foremen, superintendents and bosses, undertaking managers and engineers, web site and agreement directors and bosses, owner's representatives, and others linked to the will locate the publication to be present and priceless. it truly is designed to function a advisor and normal reference for the numerous matters that needs to be thought of within the creation and placement administration of a development contract.

The publication is split into 3 elements. half 1 bargains with the choice, creation, and meeting of the weather required for a development agreement. half 2 stories the fundamentals for a cheap, reasonable, useful, logical, and orderly agreement management method, utilizing the pattern bid package deal incorporated in appendix B to demonstrate a number of the parts and concerns. half three offers 4 case reviews from building tasks to aid those that deal with contracts realize strength areas of difficulty. a number of the most recent advances in info expertise for building agreement management are mentioned in bankruptcy 9.

The writer has represented proprietors and contractors for the previous 50 years in operations, upkeep, layout, building, estimating, engineering, administration, and claims answer in household and offshore mining, procedure, mineral, refinery, smelter, petrochemical, and environmental remediation facilities.

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When a full understanding and agreement have been established, the minutes are transcribed into a Letter of Understanding to be incorporated into the contract. Owner procedures may vary, but usually call for formal signing of the contract at this point. For that reason, a bidder representative, authorized to sign contracts, is required to be in attendance at the meeting. Occasionally, agreement is reached but for some reason the construction contract agreement is not signed at the bid resolution meeting.

Site management requires a unique blend of administrative, technical, and investigative skills with the ability to work and communicate with others in a mature, businesslike, and non-adversarial manner. Site Managers must understand what they read to recognize all the obligations that Owners and Contractors undertake on signing contracts. Other essential skills include a basic knowledge of construction law, a thorough understanding of the “fine print” or “legalese” in the contract documents, the intent and use of exculpatory clauses, and the ability to negotiate and resolve disputes and claims.

Implied obligations are not written, but are indicated by inference, association, or accepted practice. Site Managers and their inspectors must be thoroughly familiar with both so they can determine when both owner and contractor obligations have been met as scheduled. Contractual Obligations. Owner contractual obligations are to (1) furnish an unencumbered work site at the time and place agreed; (2) deliver Owner-furnished equipment, materials, supplies, and services when, where, and how specified; (3) provide an 53 Copyright © 1999 Society for Mining, Metallurgy, and Exploration Inc.

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