Gonet Academy

Congo Town, Montserrado County

Republic of Liberia

Procurement and Contract Management

Course

6-7:30 P.M.
Section

An outline of phases/activities involved in contract management

Assignment -1

Raymond Saa
Submitted by

August 17, 2023

Date
Contract management is the process of dealing or managing contracts, their,
deliverables, contract terms and conditions, and deadlines. We will discuss with
you the pre-contract and post contract phases with a focus on a construction
project.
Pre-contract phase in contract management is critical phase in procurement that
sets the basis for a successful contract administration. At this phase/stage of
contract management, key decisions are taken to effectuate the entire procurement
process of the project. Below are outlined activities involved in contract
management/administration:

1. Survey phase: at this stage, project team collect basic survey information
for the project; this information may include contribution from consultants
and other options regarding the feasibility of the project. Here, design
brief/final stage of information regarding the project and it is provided
around the client’s idea.
2. Outline phase: project team creates concept based on the design brief/final
stage of the project requirements, and provide an outline of inputs/resources
from relevant parties and authorities.
3. Scheme/ shape design: here, the project team provides the entire agreed
upon project shape and design into a workable preposition including
approval from the applicable authority.
4. Detail design: at this phase, the detail design for the project including
specialist design work for structures, electrical, plumbing, installation, etc,
and other required services that provided by subcontractors are fully design
by the project team.
5. Construction information: the project team prepares detail working
drawings and specifications that define all aspect of the project.
6. Measurement: the project team will provide bill of quantities including
measurement of materials and estimates including estimate labour cost for
the project and
7. Tendering: this is when tender documents are prepared, tenders are sought
from selected contractor and contract negotiation is undertaken.

Post Contract: Post contract period involves ensuring that all aspects relating to
the contract are finalized and that the contractors have met all of their obligations.
Once the contract has been awarded, the post contract continues until the final
account has been settled. The post contract stage encompasses activities that take
place after the contract has been awarded and signed. These stages include:
1. Mobilization: it involves preparations of construction site and setting of
facilities (site officer, workers accommodations, and storage arears). It
includes the procuring equipment, materials, and labour required for the
project.
2. Construction execution: at this stage, construction activities take place, and
these include site preparation, excavation, foundation, structural erection,
instillation of building system (plumbing, electrical, HVAC). The
construction execution phase is divided into several phases based on the
scope and complexity of the project.
3. Quality control and inspection: as the project goes on, quality measures
are executed to make sure that the project work is in line with the proposed
standards and specifications. Also, regular inspections are conducted to
validate compliance with the building codes, safety regulations, and contract
requirements. These inspections are implemented by client’s representative,
and regulatory agencies.
4. Progress monitoring: regular monitoring is done to determine the status of
the project, schedule compliance, and to address issue that may arise and
reports are made to informed stakeholders of the project status, delays, and
potential risks or dangers.
5. Variations and Change Orders: as the construction goes on, some changes
to the original contract may be needed due to design modifications,
unforeseen site conditions, or client-requested changes. Variations and
change orders are initiated, documented, and approved following the agreed-
upon procedures to accommodate these changes.
6. Payments and Claims: The post-contract stage involves the administration
of payments to the contractor based on the progress achieved and as
specified in the contract. The client reviews payment applications, verifies
the work completed, and processes payments accordingly. Should disputes
arise during construction they shall be addressed through negotiation,
mediation, or legal procedures, if necessary.
7. Completion and Handover: Once the construction work is finished, a
comprehensive inspection is conducted to ensure that all aspects of the
project meet the required standards and specifications. Any outstanding
faults/flaws or deficiencies are identified, the contractor is required to rectify
them before the project can be considered complete. Upon successful
completion, the project is handed over to the client, and relevant
documentation, such as as-built drawings, operation and maintenance
manuals, and warranties, are provided.
8. Final Account Settlement: The final account settlement involves reviewing
and reconciling all financial aspects of the project, including any variations,
claims, and outstanding payments. Final payments are made to the
contractor, and the financial records are closed.
 Gonet Academy
Congo Town, Montserrado County
Republic of Liberia

Procurement and Contract Management

Course

6-7:30 P.M.
Section

Discuss explicitness of a contract as either Express, Implied, or Quasi

Assignment -1

Raymond Saa
Submitted by

August 17, 2023

Date
A contract is either a verbal or written agreement between parties that is
enforceable by law. It is an agreement between parties, creating mutual obligations
that are enforceable by law. It the formation of a contract, a contract is either
Express, Implied, or Quasi Contract:

Express Contract
An express contract is an agreement where parties explicitly spell out the contract
terms, either orally or in writing. In this type of contract, parties are fully aware of
their agreed-upon terms. They also know the terms are binding and that any party
can take legal steps to enforce them.

An implied contract is the opposite of an express contract and is a contract where

parties have not expressed the terms of their agreement either verbally or in
writing.
However, the actions or surrounding circumstance show an understanding that
there is an agreement between the parties.

Elements of an express contract

For an express contract to be valid, it must contain the following essential
elements:

Contract offer: This is a promise to do something in exchange for the other party
performing an action. An offer is essentially an invitation to enter into a contract.
Acceptance: When a party has presented an offer, the other party can reject or
accept it. Acceptance happens when a party that receives an offer agrees to the
terms.

Consideration: Parties enter into a contract because of the value they will get out
of it. Consideration is the value the parties will exchange to perform the contract.
And it doesn’t have to be momentary; it can also be providing goods or services.

Awareness: For a valid contract to exist, both parties must understand that signing
the contract document means they are contracting. They must also sign the contract
willingly without coercion, misrepresentation, or deception.

Contractual capacity: This boils down to whether the parties are legally qualified
to enter the contract in the first place. Parties now have obligations towards each
other, and any party who fails to fulfill their responsibility is in breach of contract.
Implied Contract
According to Will Kenton, 2023, an implied contract is a legally-binding
obligation that derives from the actions, conduct, or circumstances of one or more
parties in an agreement. It has the same legal force as an express contract, which is
a contract that is voluntarily entered into and agreed on verbally or in writing by
two or more parties. The implied contract, on the other hand, is assumed to exist,
but no written or verbal confirmation is necessary.

The principles underlying an implied contract are that no person should receive
unjust benefits at the expense of another person, and a written or verbal agreement
is not needed to get fair play. For example, the implied warranty is a type of
implied contract. When a product is purchased, it must be capable of fulfilling its
function. A new refrigerator must keep food cool, or either the manufacturer or the
seller has failed to meet the terms of an implied contract (Will Kenton, 2023).

Quasi Contract
A quasi-contract is a vital agreement developed between two parties who weren’t
involved in any sort of contractual commitment earlier. A quasi-contract is usually
developed under law to maintain fairness between two parties or to remedy a
situation where one party acquires something in a manner that is disadvantageous
to the other. This contract is essential to prevent the possibility of
any financial gains for any party at the cost of the other (Law.Cornell.Edu).