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Author: Charles W. Cook Publisher: Routledge ISBN: 1317658515 Category : Technology & Engineering Languages : en Pages : 467
Book Description
The success of every construction project begins with reading and understanding the contract. Contract Administrators and Project Managers for all parties in the construction process must realize the major impact their actions have on cost, schedule, and quality in relation to the contract terms and conditions. Written in a clear and accessible way from a Constructor’s perspective, Successful Contract Administration guides the student through the critical issues of understanding contract law and obligations for effective project execution. Through examples, exercises, and case studies, this textbook will: Improve knowledge and comprehension of key contract elements Help the student apply knowledge to real case scenarios Improve the student’s ability to analyze and create different scenarios for success Evaluate critical issues of responsibility and ethics in relation to contract administration. The text is supported by a companion website featuring additional resources for both students and instructors. Resources for the student include additional case studies, links to useful websites, video commentary and interviews for increased understanding of important chapter material, true/false sample quiz questions and a flashcard glossary to reinforce comprehension of key terms and concepts. Additional instructor material includes a testbank of questions, (including true/false, multiple choice, and sample essay questions), website links to contract documents and PowerPoint slides.
Author: Charles W. Cook Publisher: Routledge ISBN: 1317658515 Category : Technology & Engineering Languages : en Pages : 467
Book Description
The success of every construction project begins with reading and understanding the contract. Contract Administrators and Project Managers for all parties in the construction process must realize the major impact their actions have on cost, schedule, and quality in relation to the contract terms and conditions. Written in a clear and accessible way from a Constructor’s perspective, Successful Contract Administration guides the student through the critical issues of understanding contract law and obligations for effective project execution. Through examples, exercises, and case studies, this textbook will: Improve knowledge and comprehension of key contract elements Help the student apply knowledge to real case scenarios Improve the student’s ability to analyze and create different scenarios for success Evaluate critical issues of responsibility and ethics in relation to contract administration. The text is supported by a companion website featuring additional resources for both students and instructors. Resources for the student include additional case studies, links to useful websites, video commentary and interviews for increased understanding of important chapter material, true/false sample quiz questions and a flashcard glossary to reinforce comprehension of key terms and concepts. Additional instructor material includes a testbank of questions, (including true/false, multiple choice, and sample essay questions), website links to contract documents and PowerPoint slides.
Author: Andre Naude Publisher: Independently Published ISBN: 9781726839471 Category : Architecture Languages : en Pages : 92
Book Description
The purpose of this work is to create a simple guide to effective contract management for the contractor and sub-contractor who simply do not have the expertise on board to ensure that contracts are effectively managed. It may also be used as a check of all the items to be considered by contract managers who have the expertise when carrying out their tasks. Without "legal speak", it seeks to guide the contractor and subcontractor through the considerations and steps necessary to successfully deliver a project and in the process avoid potential conflict. Furthermore, it will guide the Contractor on the actions required to ensure that the correct processes are implemented to protect the Contractor should any dispute arise that may or may not be the fault of the Contractor.All contracts commence with the best of intentions, but unfortunately it is becoming increasingly common for contracts to go awry and the Contractor will need to ensure that all changes to the contract are properly addressed and that the correct processes as stipulated in the contract are implemented.Impeccable record keeping will ensure effective contracts management and is the best defence against any potential claims that may occur due to disputes which arise when the project is not delivered as originally envisaged. These records will enable a professional to successfully prepare the required claim and defence when and if the need arises. There is no intention in this guide to focus on any specific form of contract, legal opinion or clauses within contracts but rather to guide the contractor in the effective management of the contract. What is set out in the following chapters are the fundamentals of contract management in a simple format which is easy to follow for the successful delivery of a project. It will be of paramount importance that the required processes are implemented from the very beginning of the project and continuously updated and maintained until the Final Certificate of Completion has been obtained and that the full payment dues have been received. This guide will also ensure that the contractor acquires an understanding of contract obligations and the implementation of the processes necessary for a successful project delivery.
Author: Alain Brunet Publisher: Springer Nature ISBN: 3030680762 Category : Law Languages : en Pages : 292
Book Description
This book presents the latest findings relating to behavioral economics and the digital tools applied to contract management. There has been a decisive change in the role of contracts in the past decade, with contracts being transformed from purely legal necessities designed to protect against worst-case scenarios into tools for optimizing ongoing and mutually profitable business relationships with customers. There is an increasing emphasis on tight contracts, where time-risk and additional costs are passed on to the prime contractor, who may suffer heavy penalties in the event of non-performance. Contracts shape the behavior of the parties involved and as such have a major impact on project success. The contract manager’s goals are to protect the interests of the company and its shareholders by minimizing the company’s financial and contractual liabilities and to maximize its profitability while ensuring end-user satisfaction. The contract is usually written before the design is fully developed, and there is often a mismatch between contractual specifications and what the customer actually wants. Good contract management entails preserving the rights of the contractor by ensuring all parties respect their contractual obligations; providing advice to the project managers and engineering team; preparing profitable amendments to contracts or change requests; maintaining good record-keeping in the event that claims arise; filing notices when necessary; and guiding the project to a profitable conclusion. Like the ancient Chinese game of Go, moves made early in the game (notification of events) can shape the nature of a potential conflict one hundred moves later (arbitration threat). Contract management can also smooth the relationship between partners, allowing well-balanced “don’t-trade-a-dollar-for-a-penny” contracts to be managed through an established process rather than as sporadic events (we cannot claim to be in control of our business if we are not in control of the contracts on which it depends). Managing a contract with a mix of incomplete manuals, fragmented information, and poor planning can drive companies to “reinvent the wheel.” Contract management promotes a three-phase sequence to streamline information flows across the contract lifecycle, from the bid phase to performance, project closeout, and final payments.
Author: Joseph Corey Publisher: ISBN: Category : Languages : en Pages : 338
Book Description
The Expanded, Enhanced, and Updated (810 Pages, 2 Volumes) Second Edition of the Must Have Information and Reference Book Designed to Guide Contract and Project Management Professionals to More-Effectively Plan, Prepare, Manage, and Administer RFPs and Contracts and Manage Contractors. - This Book provides discussions of the Legal Basics of Contracts and Contracting and the Theories, Principles, and Strategies of Contracting and Contract Management and Administration and introduces, describes, and discusses the author's unique and breakthrough concept of the Ten Stages of the Contracting Process which is a practical breakdown of the Contracting Process into Ten Interdependent Stages from planning and structuring the Request for Proposal (RFP) to Contract Close Out, Post Contract Requirements, Evaluating the Contract Documents, and Evaluating the Performance of Each Party. The Ten Stages of the Contracting Process provides Contract and Project Management personnel with a structured process to more efficiently and effectively plan, prepare, negotiate, manage, control, and evaluate RFPs and Contracts and manage and administer contracts and manage contractors resulting in well-prepared and well-managed RFPs, Contracts, and Contractors resulting in Successful Contracts and Projects. - This Book Includes - 1) Comprehensive Discussions of Contract Types/Forms, Applications, and Risks; 2) Examples of Check Lists, Forms, Formats, and Agendas used to Plan, Prepare, Manage, Administer, and Evaluate RFPs, Contracts, and Owner and Contractor Performance; 3) Examples of Practical Applications, Best Practices, Analytical Evaluations, and Lessons Learned; 4) Examples of Terms and Conditions and Definitions used in Contracts; - This Book Discusses - 1) The Integration of the Ten Stages of Contract Management with the Six Phases of Project Management and the Seven Phases of Engineering; 2) Contract Cost and Schedule Estimate Risks Based on Scope and Engineering Development; 3) Structuring the Correct Contract Type/Form Based on Scope and Engineering Development; 4) Structuring Contracts for Engineering Services with Example Formats, Agendas, and Terms; 5) Benefits and Pitfalls of Target Cost Contracts and Cost Reimbursable Contracts; 6) Pitfalls of Negotiating a Contract with a Sole or Single Source or Preferred Contractor; 7) Pitfalls of Proceeding with the Contract Work with Insufficient Engineering Documents; 8) Candid Discussions and Examples of How to Structure Effective Contract Incentives and Damages; 9) Warranties and Remedies Applicable to Contracts, Contract Work, and Completed Projects and Items; 10) Claims and the Claims Avoidance, Prevention, Management, Mitigation, and Analyses Processes; 11) Risk Management and Organizational and Human Performance Evaluation and Improvement Programs; 12) Examples of Successful and Not So Successful Contracting Situations; 13) The History of Westinghouse Electric Corporation and Westinghouse Electric Company, LLC, with Significant Contracting Lessons Learned Which Caused the Demise of Westinghouse Electric Corporation and the Bankruptcy of Westinghouse Electric Company, LLC; 14) The History of U.S. Nuclear Technology Development; the Development of Commercial Nuclear Power Plants; and Applicable Contracts and Projects Problems and Lessons Learned with Emphasis on Organizational and Human Performance Improvement Programs. The focus of this book is to improve the Contract Management skills of Project and Contract Managers, Contract Administrators, Project Engineers, Project Controls Managers, and other personnel involved in planning and executing projects requiring large, complex contracts for services, materials, and the design and fabrication of specially engineered components. The concepts, principles, strategies, and formats covered in this book are applicable to developing and managing all types of major contracts and both private and public contracts.
Author: Ali D. Haidar Publisher: Springer Nature ISBN: 3030722651 Category : Technology & Engineering Languages : en Pages : 195
Book Description
This book addresses the process and principles of contract management in construction from an international perspective. It presents a well-structured, in-depth analysis of construction law doctrines necessary to understand the fundamentals of contract management. The book begins with an introduction to contract management and contract law and formation. It then discusses the various parties to a contract and their relevant obligations, whether they are engineers, contractors or subcontractors. It also addresses standard practices when drafting and revising contracts, as well as what can be expected in standard contracts general clauses. Two chapters are dedicated to contract clauses, with one focused on contract administration such as schedules, payment certificates and defects liability, and the other focused on contract management, such as terminations, dispute resolutions and claims. This book provides a useful reference to engineers, project managers and students within the field of engineering and construction management.
Author: X. Paul Humbert Publisher: ISBN: 9780615956718 Category : Business logistics Languages : en Pages : 312
Book Description
What Will This Book Do for You? This book provides a survival manual for anyone involved in the crafting, structuring, negotiating, supporting or managing contracts involving commercial transactions of goods, services or both. It blends the practical with general legal principles and highlights best practices for supply chain professionals and anyone else involved, directly or indirectly, with the generation or management of contracts from cradle-to-grave. Even commercially wise and sophisticated organizations can be untrained and unaware of certain gaps and traps in the management of their contracts. This book addresses those pitfalls and provides lessons learned and guidance that are not typically taught at the college or even graduate school level. Experience can be hard and expensive to come by and this book provides a concentrated dose of experience that immediately raises the reader's level of sophistication and awareness for gaps and traps while providing practical solutions to pitfalls that can haunt any organization. Left unchecked, these pitfalls can lead to dysfunction and confusion; both of which can be an expensive proposition in today's competitive and uncertain economic environment. Who Should Use this Book? Supply Chain Management Professionals, Risk Managers, Insurance Experts, Project Managers, Purchasing Agents, Contract Administrators, Executives and any business or technical professionals who are involved with developing, managing or implementing projects, purchases or any complex transaction or procurement where cost, schedule and scope certainty are important. What Does This Book Cover? This book covers how the relationship of the parties affects commercial transactions and addresses the importance of upholding the integrity of the process and the contract by understanding key supply chain best practices. The book focuses on contracting strategies and approaches including how to structure requests for proposals and instructions to bidders as well as key considerations in pricing and pricing adjustments, risk management tools and techniques, the importance of defining the deliverables and outcomes, negotiation strategies and techniques, negotiating warranties and remedies, applying leadership and influencing skills to the process, how to implement sound change management as well as capturing and applying past lessons learned. In addition, special attention is given to the importance of sound "kick off" and "close out", including termination for cause or convenience techniques and other best practices.
Author: Kumar, M. Vijaya Publisher: IGI Global ISBN: 1522554254 Category : Business & Economics Languages : en Pages : 345
Book Description
The application of sustainability practices at the system level begins with the supply chain. In the business realm, incorporating such practices allows organizations to redesign their operations more effectively. Emerging Applications in Supply Chains for Sustainable Business Development is a pivotal reference source that provides vital research on the models, strategies, and analyses that are essential for developing and managing a sustainable supply chain. While highlighting topics such as agile manufacturing and the world food crisis, this publication is ideally designed for business managers, academicians, business practitioners, researchers, academicians, and students seeking current research on sustainable supply chain management.
Author: Soojin Kim Publisher: ISBN: Category : Management contracts Languages : en Pages : 390
Book Description
Despite the large volume of literature on contracting out and the growth of publicly-funded yet externally-delivered goods and services at all levels of government, far less attention has been paid to financially effective contract management. In particular, the question as to under which conditions public funds can be spent in cost-effective and accountable ways given the current contracting out system is still open. Based on a mixed methods approach with data derived from two Web-based surveys and 23 semi-structured interviews with local public contract managers and private contractors in New Jersey, this dissertation attempts to fill this gap in the scholarship by empirically exploring factors that are related to perceived contracting financial performance in the context of cost-effectiveness and financial accountability. The findings of quantitative data analyses revealed that higher competition in bids, public-private competition, intensive and fair monitoring, use of rewards and sanctions, and government management capacity are significantly associated with higher levels of perceived contracting financial performance. Public and private contract managers commonly viewed that longer contracting relationships led to improved financial accountability but not to cost-effectiveness. Public contract managers, however, were more critical of their nonprofit counterparts with regard to satisfactory contracting financial performance, whereas private contract managers held more positive views of nonprofit contractors. Furthermore, based on the findings from qualitative data analyses, conditions that improve the financial outcomes of contracting out and reduce the incidence of corruption include fair and competitive bids without favoritism, contract specificity, a statewide contractor performance database, sufficient staffing with well-trained personnel, strong leadership, team-based organizational structures, two-way communication, and evaluations based on qualitative and quantitative values. While public contract managers tended to place greater value on visible organizational and managerial factors, private contract managers were more likely to value invisible and relational factors that may cost more in the long run. Overall, this dissertation contributes to the scholarship on local government contracting by casting new light on financially effective contract management, enriching the literature through a multi-organizational perspective, and providing more feasible guidance to current contract managers of financially and ethically low performing local government agencies to foster their success.
Author: Charles W. Cook
Author: Charles W. Cook
Author: National Contract Management Association
Author: Andre Naude
Author: Alain Brunet
Author: Joseph Corey
Author: Mike Dutfield
Author: Ali D. Haidar
Author: X. Paul Humbert
Author: Kumar, M. Vijaya
Author: Soojin Kim