Vergabeformen Building Procurement - Contract Strategy: Judit Gyulay

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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 Department of Construction Technology and Management

Judit Gyulay 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


Judit Gyulay 05.06.2007

Budapest University of Technology and Economics Department of Construction Technology and Management

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 Department of Construction Technology and Management

Judit Gyulay 05.06.2007

Building Procurement Contract strategy

Common goal of participants to perform a building

Meeting the clients requirements, ensuring completion On time Within cost To required quality standards

Budapest University of Technology and Economics Department of Construction Technology and Management

Judit Gyulay 05.06.2007

Building Procurement Contract strategy

Cost
Cheapest Economical Adequate

Quality
Best

Reasonable

Fastest

Time
(The incompatibility of cost, quality and time) (Kharbanda et al. 1980.)

In

addition: participants individual interest


Judit Gyulay 05.06.2007

Budapest University of Technology and Economics Department of Construction Technology and Management

Building Procurement Contract strategy

Participants of a construction project

Directly involved Indirectly involved

client, designer, contractor advisor, project manager, supervisor bank, authority


Judit Gyulay 05.06.2007

External

Budapest University of Technology and Economics Department of Construction Technology and Management

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 Department of Construction Technology and Management

Judit Gyulay 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 Department of Construction Technology and Management

Judit Gyulay 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 Department of Construction Technology and Management

Judit Gyulay 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 Department of Construction Technology and Management

Judit Gyulay 05.06.2007

Building Procurement Contract strategy

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

Project Has to be managed

Planning Organising Leading Commanding Controlling

Who will manage? In which system ?


Judit Gyulay 05.06.2007

Budapest University of Technology and Economics Department of Construction Technology and Management

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


Budapest University of Technology and Economics Department of Construction Technology and Management Judit Gyulay 05.06.2007

(Roger Waterhouse)

Building Procurement Contract strategy

Clients 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
Judit Gyulay 05.06.2007

Budapest University of Technology and Economics Department of Construction Technology and Management

Building Procurement Contract strategy More complex

Need of change in procurement methods


Traditional
Client Designer Client Project Management Designer

projects Lack of time

Project Management

Contractor

Contractor

Preparation Design Tender/bidding Construction

Preparation Design Tender/bidding Construction


Judit Gyulay 05.06.2007

Budapest University of Technology and Economics Department of Construction Technology and Management

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 Department of Construction Technology and Management

Judit Gyulay 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 Department of Construction Technology and Management

Judit Gyulay 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 Department of Construction Technology and Management

Judit Gyulay 05.06.2007

Building Procurement Contract strategy

Client needs representation/protection by neutral expert


Traditional delivery system
Client
Designer Contractor Designer Subcontractors Inspector Supervisor Q.S.

Design and build Turnkey, Package deal


Client

Inspector Supervisor

Contractor

Budapest University of Technology and Economics Department of Construction Technology and Management

Judit Gyulay 05.06.2007

Building Procurement Contract strategy

Design and build turnkey/package deal


Preparation Design

Tender

Contract
Construction

Cost Characteristics Single point responsibility Can be overlapped Client can be sure of maximum cost before final commitment

costs should be lower Thus shorter time on site (Savings are not passed to the client in lower prices)

Integrated design and construction Improves buildability Fits to constructors expertise, working condition, organisation

Budapest University of Technology and Economics Department of Construction Technology and Management

Judit Gyulay 05.06.2007

Building Procurement Contract strategy

Construction Management CM
Client Designer Inspector Supervisor Construction Manager Contractors

Management Contracting MC
Client
Inspector Supervisor

Management Contractor Designer

Contractors

Budapest University of Technology and Economics Department of Construction Technology and Management

Judit Gyulay 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 Department of Construction Technology and Management

Judit Gyulay 05.06.2007

Comparison of procurement systems, source of risks and conflicts

Building Procurement Contract strategy

Responsibility for decision


Preparation Design
Tender

Cost

Traditional system

Construction is being started knowing the construction costs

Construction
Start

Preparation

Design Tender

Cost

Modern managerial typed system

Construction
Start

Constriction is started without knowing the construction costs


Judit Gyulay 05.06.2007

Budapest University of Technology and Economics Department of Construction Technology and Management

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 Department of Construction Technology and Management

Judit Gyulay 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 Department of Construction Technology and Management

Judit Gyulay 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 Department of Construction Technology and Management

Judit Gyulay 05.06.2007

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