Early Contractor Involvement in Building Procurement

Can contractors and specialists add value to a project by their
early involvement in design, pricing, risk management and
programming? How can this be structured and what role do
contracts have to play? What is the impact on procurement and
project management?

Commentators from Banwell to Egan have recommended earlier
contractor appointments, and this has also been linked to
successful project partnering. How are the two related?
Early Contractor Involvement in Building Procurement
considers the case for a two stage procurement approach based on a
system of agreed project processes during the preconstruction
phase. It examines the ways in which a contract can describe
and support this model throughout its procurement, partnering and
project management, and is illustrated with case studies taken from
projects and programmes across the construction and engineering
industry.

The roles of the various parties involved, the obstacles they
encounter and the benefits they can achieve are examined in
detail. There is practical guidance on how to improve speed,
economy, sustainability, change control, dispute avoidance, and
client satisfaction. This book bridges the gap between
contract law, partnering and project management and will be
essential reading for middle and senior management at construction
contractors, consultants and clients in both the public and private
sectors.

Auteur

David Mosey is head of the Projects and Construction Group
at Trowers & Hamlins, and is a specialist in UK/international
construction and engineering law with over 30 years'
experience. He advises project teams engaged on a wide range
of building and infrastructure projects.

David has been described as a 'partnering guru' and
has guided his clients through more than 200 partnered projects and
programmes with values ranging from to 0m.
He is the author of PPC2000, the first Standard Form of
Project Partnering Contract, and co-author of both the
SPC2000 Specialist Partnering Contract and the
TPC2005 Term Partnering Contract.

Résumé
Can contractors and specialists add value to a project by their early involvement in design, pricing, risk management and programming? How can this be structured and what role do contracts have to play? What is the impact on procurement and project management? Commentators from Banwell to Egan have recommended earlier contractor appointments, and this has also been linked to successful project partnering. How are the two related? Early Contractor Involvement in Building Procurement considers the case for a two stage procurement approach based on a system of agreed project processes during the preconstruction phase. It examines the ways in which a contract can describe and support this model throughout its procurement, partnering and project management, and is illustrated with case studies taken from projects and programmes across the construction and engineering industry.

The roles of the various parties involved, the obstacles they encounter and the benefits they can achieve are examined in detail. There is practical guidance on how to improve speed, economy, sustainability, change control, dispute avoidance, and client satisfaction. This book bridges the gap between contract law, partnering and project management and will be essential reading for middle and senior management at construction contractors, consultants and clients in both the public and private sectors.

Contenu
Introduction Who Remembers Mott the Hoople? Chapter 1 Early Contractor Involvement An Overview.

1.1 Early contractor involvement why bother?

1.2 Early contractor involvement and project pricing.

1.3 Early contractor involvement and risk transfer.

1.4 Early contractor involvement and payment.

1.5 The role of building contracts.

1.6 The limits of construction phase building contracts.

1.7 Contractor contributions to design, pricing and risk management.

1.8 The client, communications and project programmes.

1.9 But do you need an early building contract?

1.10 Preconstruction commitments under framework agreements.

1.11 The infl uence of project managers and project partnering.

1.12 So what is stopping us?

1.13 Government and industry support.

Chapter 2 Conditional Contracts and Early Project Processes.

2.1 The conditional preconstruction phase agreement.

2.2 Recognised categories of contract.

2.3 Effect of the number of parties.

2.4 The planning function of contracts.

2.5 Choices and contractual conditionality.

2.6 Limited effi ciency caused by unknown items.

2.7 Risk and fear of opportunism.

2.8 Conditional relationships without full consideration.

2.9 Need for long-term relations.

2.10 Alignment of different interests.

2.11 Preconstruction phase agreements as project management tools.

2.12 Contracts and new procurement systems.

Chapter 3 Problems and Disputes Under Construction Phase Building Contracts.

3.1 Introduction.

3.2 The role of standard form building contracts.

3.3 Standard forms and the assumption of complete information.

3.4 Origins of standard forms and lack of trust.

3.5 Criticisms of effectiveness of standard forms.

3.6 Causes of claims.

3.7 Links between claims and preconstruction phase activities.

3.8 Links between claims and building contracts.

3.9 New procurement procedures or gambling on incomplete information.

Chapter 4 Early Contractor Involvement in Design, Pricing and Risk Management.

4.1 Introduction.

4.2 Preconstruction design processes.

4.3 Preconstruction pricing processes.

4.4 Preconstruction risk management processes.

4.5 Preconstruction subcontractor appointments.

4.6 Perceived benefi ts of early contractor appointments.

4.7 Early contractor appointments and sustainability.

Chapter 5 Client Leadership, Communication Systems and Binding Programmes 95

5.1 Introduction.

5.2 The role of the client.

5.3 The role of communication systems.

5.4 The role of binding programmes.

Chapter 6 Contractual and Non-contractual Preconstruction Options.

6.1 Introduction.

6.2 Building contract options.

6.3 Letters of intent.

6.4 Non-binding arrangements.

6.5 Benefi ts of contractual clarity.

Chapter 7 Preconstruction Commitments Under Framework Agreements.

7.1 Commercial attraction of frameworks.

7.2 The relationship between frameworks and partnering.

7.3 Frameworks and preconstruction phase processes.

7.4 Published forms of framework agreement.

7.5 Frameworks and the Private Finance Initiative.

7.6 The impact of frameworks on changing behaviour.

Chapter 8 Project Management and Project Partnering.

8.1 Introduction.

8.2 Preconstruction phase agreements and project management.

8.3 Preconstruction phase agreements and partnering.

Chapter 9 Obstacles to Early Contractor Appointments.

9.1 Introduction.

9.2 Project-specifi c obstacles.

9.3 Procedural obstacles.

9.4 Personal obstacles.

9.5 Education and training. 9.6 The role of the partnering adviser.</p&...