Contract administration and dispute resolution
1a. As per policies and procedures set out by NEC4, compensation event, is not a fault that is created by the contract or anybody who has been subcontracted to work. However, in cases where the contractor or the subcontractor comes across a compensation event, he or she should make it known within eight weeks. The set duration of communication will help the management of the construction team to receive the information early for prior arrangements in case of any new plans. The administration has the rights and obligations to act on the compensation event in situations where it has been made known, within the set time limit. Hughes (2018), argues that the NEC of contact, suggests that if there is any fault that has been encountered, it should be solved through a mutual understanding and cooperation of the concerned parties. This will help the whole team to understand the suggestions that have been put in place and later own, apply the appropriate level of construction skills from the contractor. The contractor’s responsibility is to ensure that the project is completed, as shown in the program given out by the management. However, the contractor has to apply the professional judgment that is skills, knowledge, and competence in case of any doubt on the project. This is because he or she awes the finals users or the owner’s duty of care against any form of loss.
Compensation event procedure
If the compensation event had occurred from work that was performed by the project manager or the supervisor, notifications are to be made to the contractor. The notification certificate will be issued to the contractor that will assist in making any form of alteration to the final project on the decision that was made earlier. During the interaction time, the project manager has to communicate with the contractor to help in the clarification of any significant event that might be of help to the whole project. This is because the full interpretation will benefit the entire project team since there will be some levels of improved efficiency and effectiveness in terms of skills and knowledge. However, if the co compensation event has to occur due to the fault of the project manager, he or she has to write to the contractor. In his letter, he will be requesting the new quotation since the old one was meant for the flawed event. If the compensation event is the fault of the two, that is the contractor or the project manager, and it means that the duration of the time of completion will have to remain as indicated in the project. However, if the project manager is not notified with eight weeks, it means that there is no fault, and the project will have to proceed as indicated in the entire project.
b.
It is up to the discretion of the project manager to respond to the notification given within one week or duration agreed by the contractor of the project.
If the project manager is of the idea that the contractor had not communicated within the stipulated period, it is up to the manager to state it clearly in the instructions list. The communication is mostly given out by the experienced contractor.
The assessment of the compensation event will be based on the assumption depending on whether the problem was discovered by the project manager or the contractor himself. After the discovery, the project manager will have enough time for him or her to communicate within the set duration. This will facilitate the correction of any significant mistake in the project.
The construction will later submit the quotation within three weeks. However, this will depend on the agreement with the project manager.
The project manager will send the acknowledgment note to the contractor as proof of receiving the quotation.
In cases where changes have been made on the reference and have been affected, the project manager will have to authorize and request the submission of a revised quotation from the contractor. The new quote is to be sent to the project manager within three weeks.
After the reference has been issued, the project manager will have to assess the entire project.
The compensation event will then be implemented in cases where the project manager gives the notification over the acceptance of the received quotation that is done through the assessment, which is conducted by the project manager.
The compensation event will later be implemented, citing the total cost, completion date, and any critical period when the possible changes might take place.
2a. Completion is the term that is used to represent the project that is free from any form of defect, after the lapse of the tenure period. The project manager will issue the report after the assessment of the entire project. The project manager must ensure that the plan has been followed. In case of any deviation from the norm, the necessary action as per the quality regulatory policy has been applied correctly. The quality of the completed project will be open to discussion to any concerned parties since they are the people who understand the quality of the project expected from the contractor. An expert in the field of construction like the engineering expert will have to come in hand to be of help in assessing the quality of the final project. He or she also wills asses the completion of the project if it is as per the said project instructions. It is up to the management to ensure that they have the criteria through which the project can be measured after completion.
b.
It is the responsibility of the project manager and contractor to ensure the entire project has been worked on as per the said instruction. The management plan will help in resolving any time frame issues that revolve around the project. After the analysis, any form of defect that will be noted will have to be resolved in liaison to enhance the quality of the entire project. The care of the management is the crucial cat that will have to be taken to help in accomplishing the said project criterion as per the project manager and the contract’s written agreement. Since the contractor might require some explanations of specific terms, it is good for the project manager to ensure that they have a clear plan that illustrates how every event should be carried out. Payments to the contractor are to be decided during the agreement between the concerned parties. If there is any form of revaluation, it will open the avenues through which, there should be further determination procedures. The quality management, will help in meeting some quality standards that pertains the project under considerations. The plans that is issues by the project manager to the contactor must be understood, if need be, explanations of specific terms will have to be given out. This will be of great help since, it is meant to strengthen the quality of the final project. Insurance is a key aspect as per the construction engineering terms. This is because it will help in reinstating or compensating the project that might have been done wrongly. It will also pay bills for the constructor in cases where he or she is injured and the project manager is not ready to9 cater for the medical expenses.
3a. the content requirement of the program under NEC4 ECC option B
The program is an important aspect that should be brought to book, during the appointment of the contractor. It is part of the engineering policies and procedures that are given out by the project manager. The program helps in evaluation of the terms and design and any form of responsibility among the concerned parties.
Under option B, the bill of quantities is a traditional form of proposals that are meant for the amount to be incurred until the end of the entire project. This document is prepared by the quality consultant, and for this category of construction platforms, the surveyor has the mandate to prepare the program. The report should have specific measured quantities of the identified items in the work, for the entire drawing and tender work. It is up to the surveyor to determine cost of the entire project. This is because he has the expertise in terms of approximating relevant measurements. In the employer’s specified quantities, the constructor will have to quote the correct rates for the project has a whole. It is therefore, up to the constructor to bear any form of risk that may arise in terms of costing procedures that were applied during the signing of the agreement.
According to the program, the constructor is entitled to interim form of payment that will be evaluated upon the level of the project. The project manager will evaluate the level of the project against the said date before authorizing the payment of the said amount. The cost of the work that is completed up to the date when the project is completed, it is termed as the BoQ items since it is related to multiplied against the set rates. However, depending in the agreement, at some point, it is termed as the proportion of the lump-sum amount of the entire project. This means, calculation against the said rates will not be evident to the whole project. The price of the entire project is very crucial since it act as an avenue through which the contractor will be satisfied, during work delivery. In cases the work is not yet complete, hat is the work in progress, the work will have to be calculated after the evaluation on the percentage of completion on the materials and the conversion costs. It is therefore, through the agreements that were made earlier that will determine the amount to be paid for the project as a whole, under the rates given in option B.
- clauses in the contract mentioning the contactor’s program
This is the clause, which is meant to mention all the matters that are to be raised against the contactor’s revised schedule. First, the clause will indicate the progress of the project that is achieved after every application work done by the contractor. However, the program will focus on the future of the entire project. This will help in regulating any form of payment that will be made towards the project. For instance, if part of the compensation event will affect the entire project in the future. It is up to the program to help in any form of alteration within the specified duration. The submission made has been highlighted in clause 62.2 of the construction program. The revised schedule is meant to highlight and indicate the program that pertains to the future of the entire project. It will help in dealing with any form of delays that might be encountered during project management. The defects form the projects are rectified as the project is in progress since there is a manual to be followed to help in following the said instructions. If the contractor fails to submit a revised program, that will be termed as an advantage to the contractor and the whole concerned parties. The compensation event might be a problem for the concerned parties of the project since the evaluation of the completed project will be affected due to a lack of sufficient funding. The project managers will, however, asses the whole plan depending on his judgment. This calls for professional knowledge and skills in the assessment of the performance and application of possible rates (Gerrard and Kings, 2018). This means it is the responsibility of the contractor to ensure that he has kept the up to date program and keep on maintaining it from time to time as long as the accepted program still exists. This is as per clause 64.2, which highlights how important it is for the contractor to keep any form of information that will be vital in the project analysis about the cost and the completion dates. It is up to the project manager and contractor to agree on terms and conditions to be applied as per the program clauses. This will help in evaluating the efficiency and effectiveness of the entire project.