Construction Contracts

Preface Chapter 1: Client Policy and Practice 1.1 Introduction 1.2 The Fundamental Contract Document 1.3 Invitations to Bid 1.4 Lump Sum Contracting Preferred 1.5 Lump Sum Plus Unit Rates 1.6 Unit Rate Only 1.7 Reimbursable Cost Contracts Where Necessary 1.8 Cost Plus a Percentage Fee 1.9 Start Cost Reimbursable with Later Conversion to Lump Sum 1.10 Provisional Contract Price Agreement 1.11 Target Cost (Shared Overrun or Underrun) 1.12 Partnering 1.13 Prime Contracts 1.14 Professional Services Contracts 1.15 Short Form Contracts 1.16 Incentive Plans 1.17 Policy on Claims 1.18 Quality and "Intent of Contracts 1.19 Field Administration of Contracts 1.20 Planning Policies 1.21 Integration 1.22 Governmental Policies and Influences-The "Third Party Chapter 2: The Bid Package 2.1 Preparation by the Client's Team 2.2 Errors and Omissions 2.3 What Type of Contract? 2.4 Job Explanation Meeting 2.5 Site Visit 2.6 Bid Package Worksheets Chapter 3: Bid Preparation 3.1 Bidders' Responses to the Invitation to Tender 3.2 Articles of Agreement or General Terms and Conditions 3.3 Scope of Work 3.4 Has It Been Done Before? 3.5 Changes to the Scope of Work 3.6 Schedule 3.7 Compensation 3.8 Materials 3.9 Specifications and Drawings 3.10 As Built Documentation 3.11 Bid Preparation in General: Alternative Proposals 3.12 Subcontractors Chapter 4: Evaluation 4.1 Reception and Examination of the Bids 4.2 The Bid Clarification Meeting 4.3 Low Bidding 4.4 Bids Above the Company Estimate 4.5 Unit Rates for Work Variations 4.6 General Observations Chapter 5: Procedures 5.1 Client's Procedures 5.2 Project Coordination Procedures (A Typical Client Issue) 5.3 Contractor's Procedures: The Work Procedure Chapter 6: Contracts Management 6.1 The Contract Manager 6.2 The Contract Engineer 6.3 The Client's Team 6.4 Distribution of the Contract 6.5 Execution 6.6 Mobilization 6.7 The Kick-off Meeting 6.8 Indemnity and Insurance 6.9 Liquidated Damages 6.10 Progress Reporting 6.11 Contractor Scheduling Requirements 6.12 The Change Order 6.13 The Negative Change Order 6.14 The Change Order Closeout Form 6.15 The Work Order 6.16 The Amendment 6.17 The Short Form Contract 6.18 Completion and Acceptance 6.19 Mechanical Completion 6.20 Substantial Completion 6.21 Standardization 6.22 Contract Management Policy 6.23 The Contract 6.24 Contract Documents 6.25 Conclusion on Model Contracts and Procedure Standardization 6.26 Conflict of Interest 6.27 The Diplomatic Brush-off Chapter 7: Claims 7.1 Construction Claims 7.2 A Claim by Any Other Name 7.3 The Breeding Ground-Source of Claims before Contract Award 7.4 After Contract Award 7.5 Types of Construction Claims 7.6 Claim Review 7.7 Contractor Tenacity in Claims Promotion 7.8 Change Order and Claims Meetings 7.9 Contractor's Claims Preparation and Presentation 7.10 Claim Preparation-The Claims Consultant 7.11 Arbitration 7.12 Negotiation Meetings 7.13 Computer-Aided Quantification of Delay and Disruption Costs Chapter 8: Payments and Contract Closeout 8.1 Invoicing and Verification 8.2 Work Breakdown Structure 8.3 Measurement of Progress 8.4 Retention 8.5 Warranty Period 8.6 Contract Closeout 8.7 Contract Closeout Checklist 8.8 Contract Closeout Report Chapter 9: Workshop Exercises 9.1 Vagaries in Contract Language-Claim 1 Installation of Pipelines in a Tunnel 9.2 Contract Intent-Claim 2 9.3 Direct and Consequential Costs-Claim 3 9.4 Extra Work Dispute-Claim 4 9.5 The Great Asphalt Robbery-Claim 5 9.6 The Reimbursable Cost Offshore Bonanza-Claim 6 9.7 The "Life of the Contract-Claim 7 Caused by: Disagreement over Hourly Labor Rates 9.8 Unproven Technology-Claim 8 Caused by: Lump Sum Format Without Preengineering Chapter 10: Manuals and Models 10.1 The Quality Manual 10.2 The Project Proposal 10.3 The Project Record Book 10.4 The Construction Control Plan 10.5 Appendix 1 Model Contract Document 10.6 Appendix 2 Contract Amendments 10.