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Judit Gyulay

Vergabeformen

Building Procurement –

Contract strategy

Procurement Systems – an initial overview

Proper choice of delivery system can help to reduce conflicts on construction projects

05. 06. 2007

Building Procurement – Contract strategy

Right Building

Right Time

Right Place

Successful Investment

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Contents

Participants of a construction project have different interests

Claims and litigations

How to reduce conflicts/risk of construction projects

One area, generate conflicts: Procurement system (project delivery system)

Possibilities

Consequences

Of choice the procurement system

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Idea

Investment Process

Area

Money

Initiation Hand-over and use

Civil Engineer/Architect is involved the process

 in different phases

 in different „roles”

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Common goal of participants to perform a building

Meeting the client’s requirements, ensuring completion

 On time

 Within cost

 To required quality standards

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Cost

Cheapest

Economical

Quality

Best

Adequate

Reasonable

Fastest

Time

In addition: participant’s individual interest

(The incompatibility of cost, quality and time)

(Kharbanda et al. 1980.)

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Participants of a construction project

Directly involved

External client, designer, contractor

Indirectly involved advisor, project manager, supervisor bank, authority

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Participants – common goal

But

Conflicts, claims and litigation seems to be inevitable part of construction projects

Areas generate conflicts

One-sided contract (Client drafted contract)

Procurement system (project delivery system)

Site conditions

Site services, etc.

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Analysis

Not clear understanding peculiarities of that specific procurement and contracting system

Responsible parties

Does not recognise or

Does not want to accept responsibility

Lack of identification of own interest leads to one-sided contract

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

The Client

Shares: activities responsibilities risks with the partners

Will choose procurement system and contract form

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Idea  Hand-over and use

Procurement:

Total management process used when obtaining a building

System of contracting among client, designer, and contractor

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

To produce /create/perform a building a bridge a road

P r o j e c t

Has to be managed

Planning

Organising

Leading

Commanding

Controlling

Who will manage?

In which system ?

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Client

Project manager

Quantity surveyor

Engineer Architect Contractor(s)

Typical management structure with project manager

Client

Project co-ordinator

Quantity surveyor Engineer

Architect Contractor(s)

Typical management structure with project coordinator

(Roger Waterhouse)

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Client’s main decisions:

(Help: principal adviser)

Organisation for the Management of the Project

In-house project manager

In-house and external project management team

External project management

Organisation for Design and Construction

Traditional Design and build

Turnkey Package deal

Management

Construction Management

Management Contracting

Others

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy More complex projects

Lack of time

Need of change in procurement methods

Traditional Project Management

Client Client

Designer

Contractor

Project

Management

Preparation Design

Tender/bidding

Construction

Designer

Contractor

Preparation Design

Tender/bidding

Construction

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Procurement/project delivery system

„Improper choice or misunderstanding generate conflicts”

Traditional procurement system

Design and build, turnkey or others

Management type

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Traditional procurement system characteristics

Long construction period

Consecutive organisation

Clear contracting relations

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Innovative Project delivery systems

Construction management

Management contracting

Project or management service contract and other variations

General characteristics

An organisation is employed to manage the project the construction

To coordinate the design with construction

Overlapping between design and construction

Series of tenders: work packages

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Client needs representation/protection by neutral expert

Traditional delivery system

Client

Designer

Contractor

Inspector

Supervisor

Q.S.

Design and build

Turnkey, Package deal

Client

Inspector

Supervisor

Contractor

Designer

Subcontractors

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Design and build turnkey/package deal

Preparation Design

Tender Contract

Construction

Characteristics

Cost

Single point responsibility

Can be overlapped

Integrated design and construction

Client can be sure of maximum cost before final commitment

– Improves buildability

– Fits to constructor’s expertise, working condition, organisation

Thus costs should be lower shorter time on site

(Savings are not passed to the client in lower prices)

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Construction Management

CM

Client

Inspector

Supervisor

Management Contracting

Client

MC

Inspector

Supervisor

Designer Construction

Manager

Management

Contractor

Contractors Designer

Contractors

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Management contracts (CM, MC…)

Characteristics

Management team is involved at early stage

Design can be influenced (buildability)

Claims can be solved, delays reduced

Save time – series of tenders, work packages

Flexibility in design to suit the client to suit the budget

More risk in design – higher requirement in design

No assured final cost at the start of construction

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Comparison of procurement systems, source of risks and conflicts

Responsibility for decision

Preparation Design

Traditional system

Tender

Cost

Construction is being started knowing the construction costs

Construction

Start

Preparation Design

Cost

Modern managerial typed system

Tender

Construction

Constriction is started without knowing the construction costs

Start

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Consequences

Use of non-traditional delivery system can create greater risk of misunderstanding Scope of work / compensation are changing continuously

Innovative project delivery systems can blur the traditional roles and responsibilities of participants

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

One step towards a successful project

To choose appropriate procurement system and appoint the manager as early possible for maximum benefit

Characteristics of the delivery system have to be understood by the participants

Contract has to contain reasonable allocation of activities, responsibilities and risk

All the participants have to recognise responsibilities, act in partnership

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

Building Procurement – Contract strategy

Proper choice and fully understanding of delivery system

Procurement

Can help to reduce conflicts on construction projects

Budapest University of Technology and Economics Judit Gyulay

Department of Construction Technology and Management 05.06.2007

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