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The Principal has selected Design and Build as the procurement method for their development. He wishes to retain the same design consultant throughout all project stages, from inception till delivery of the project.
a. What approach would you recommend ensuring the continuity of the design consultant’s involvement? Please also explain how this approach works in the context of Design and Build.
(10 marks)
b. Discuss the benefits of this approach.
(5 marks)
Under the unamended AS4000 – 1997 General Conditions of Contract, explain the rationales for:
a. requiring the Contractor to provide Security (Clause 5.1)
(5 marks)
b. including a list of subcontract work requiring approval (Clause 9.2)
(5 marks)
Under the unamended AS4000 – 1997 General Conditions of Contract, outline the Contractor’s contractual rights in the event of delays caused by:
a. the Contractor's error in ordering required materials
(10 marks)
b. the Principal’s late issue of production information
(5 marks)
c.
(5 marks)
Discuss the Contractor’s contractual rights if the Principal fails to pay the certified amount in the progress certificate on or before the due date under Clause 37 of the unamended AS4000 - 1997 general conditions of contract?
(5 marks)
a. What is a ‘Rise and Fall’ provision in a construction contract?
(2 marks)
b. How can this provision be inserted into the unamended AS4000 – 1997 General Conditions of Contract, to contractually allocate and share the risk of fluctuating costs between the Principal and Contractor?
(8 marks)
Based on the unamended AS4000 – 1997 General Conditions of Contract, describe the conflicting role of the Superintendent in a construction contract.
(20 marks)
Based on the following project objectives given below,
a. advise an appropriate procurement system, and
(10 marks)
b. advise its contractual relationships (you may use a diagram) to your Principal.
(10 marks)
Project Objectives:Principal's Priority 5 Essential 4 3 Desirable2 1 Do WithoutTIME:
Is early completion
required?
5COST:
Is a firm price
needed before any commitment to construction is formed?
2FLEXIBILITY:
Are variations
necessary after work has begun on site?
4COMPLEXITY:
Is the building
highly specialised, technologically advanced or highly serviced?
5QUALITY:
Is high quality
important?
5CERTAINTY:
Is completion on time important?
Is completion within
budget important?
2DIVISION OF RESPONSIBILITY:
Is single-point responsibility wanted?
Is direct
professional responsibility wanted?
4BUILDABILITY:
Is the early
contractor’s input important?
4