Indian Quantity Surveyors Association
Workshop on
T017 – Contract Practice
Kamal Paranawithana BSc(Hons), FInstLM, MRICS, ACIArb
Chairman, CPD Committee, RICS-UAE Board
Trained APC Chair / Assessor & SPR Assessor of RICS
Middle East Local Network Leader of College of Estate Management, UK
Review Committee Member of University of Vocational Technology, Sri Lanka
Market Sector Manager (QS) & Approved Contract Specialist of Halcrow International Partnership
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Workshop agenda
APC ???
T017 - Contract Practice Competency
Some Practical questions
FIDIC Rainbow family
Some tips to become a successful APC candidates
2
Workshop agenda
APC ???
T017 - Contract Practice Competency
Some practical questions
FIDIC Rainbow family
Some tips to become a successful APC candidates
3
APC ???
About the APC
Competencies
What is QS?
Work elements
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About APC
About the APC
Abstract from:
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Competencies
Competencies:
Mandatory-M : 6L1, 3L2, 1L1= 10
Core - T : 6L3 = 6
Optional – M/T : 2L2 = 2
Levels :
Level 1: Knowing - Knowledge & understanding
Level 2: Doing - Application of knowledge & understanding
Level 3: Advising - Reasoned advice & depth of technical
knowledge
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What is QS?
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Work Elements
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APC ???
About the APC
Competencies
What is QS?
Work elements
9
Workshop agenda
APC ???
T017 - Contract Practice Competency
Some Practical questions
FIDIC Rainbow family
Some tips to become a successful APC candidates
10
T017 - Contract Practice Competency
Overview on the “T017 - Contract Practice”
Work element V competency
Work element with T017 competency
Contract Selection
Contract Procedure - Establishing a contract
Contract Procedure - Contract mechanisms
Post contract cost control
Commercial management of contracts
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Overview on the “T017 - Contract Practice”
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Work element V competency
Element Contract Practice (T017)
Estimating X
Cost planning X
Procurement X
Tendering X
Contract selection √
Contract Procedures √
Post contract cost control √
Commercial management √
of contracts
Quantification of works X
Construction technology X
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Work element with T017 competency
Work Element
Contract selection
Contract Procedures
Post contract cost control
Commercial management of
contracts
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Contract Selection
Advice on the most appropriate form of
contract to be used:
JCT / NEC / GC Work / ICE / IChemE /FIDIC
Main contracts works in respect of:
Roles and responsibilities of the parties
Pricing options
Risk allocation – design
Client’s specific consideration on selection
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Contract Procedure - Establishing a contract
Basic Contract law
- LOI, LOA
Contract legislation
- current case-law
Standard forms of contract
Contract documentation
Third party rights
- legislation, collateral warrantees
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Contract Procedure - Contract mechanisms
Roles of the parties under the contract
-parties involved, assignment / novation
Conflict avoidance and dispute resolution
Contractor designed works
Sub-contracting – Named / Nominated
Payment provisions
Change procedures
Bonds/ Parent company guarantees
Insurance
Retention – including retention bonds
Liquidated and ascertained damages
Claims – EOT, acceleration, loss and expanses
Early possession and phasing – sectional / partial
Termination of contract and insolvency
Contract completion
Final accounts
Defects / rectification
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Post contract cost control
Managing change control procedure
- variation / varied works,
Expenditure of provisional and prime cost sum
Carrying out interim valuations
- advance payments, materials, fluctuations, retention
Managing risk
- insurances,
Dealing with claims / loss & expenses
Authentication of actual costs
Final accounts
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Commercial management of contracts
Administration of sub-contract & supplier agreement
Managing contingency & risk
Preparation of information for internal / external audit
Forecasted final account projection
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Work element with T017 competency
Work Element
Contract selection
Contract Procedures
Post contract cost control
Commercial management of
contracts
20
Workshop agenda
APC ???
T017 - Contract Practice Competency
Some practical questions
FIDIC Rainbow family
Some tips to become a successful APC candidates
21
Some practical questions
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Some practical questions
1. LOI / LOA?
2. Warrantee / guarantee?
3. Material on / off site?
4. Invoice / invoiced price?
5. Variation / varied works?
6. Defined / undefined provisional sum?
7. Under / over recovery of OH?
8. Delay / disruption?
9. Mitigation / acceleration?
10.LAD / penalty / damage?
11.Claim / disputes?
12.Amicable settlement in FIDIC4?
13.ADR/Arbitration/litigation?
14.Adjudication / statutory adjudication?
15.Expert / factual witness?
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Workshop agenda
APC ???
T017 - Contract Practice Competency
Some practical questions
FIDIC Rainbow family
Some tips to become a successful APC candidates
24
FIDIC Rainbow family
Red Book : for Construction for Building and Engineering
Works Designed by the Employer
Silver Book : Conditions of Contract for EPC/Turnkey Projects
Yellow Book : Plant and Design-Build for Electrical and
Mechanical Plant and for Building and Engineering Works
Designed by the Contractor
Green Book : The Short Form of Contract
Gold Book : Design, Build and Operate Projects
White Book : Client/Consultant Model Services Agreement
Blue- Green Book : Dredgers Contract (2006)
New:
Construction Contract MDB Harmonised Ed Model
Representative Agreement
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FIDIC Contract Continuity
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Workshop agenda
APC ???
T017 - Contract Practice Competency
Some practical questions
FIDIC Rainbow family
Some tips to become a successful APC
candidates
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Some tips to become a successful
APC candidates
Understand competencies
Learn in breath & depth
Gain sufficient exposure
Get-on with the critical analysis – 30%
Practice presentation
Improve concentration and listening skills
Understand the question before answering
Market yourselves to the APC panel
Trust the panel capabilities & professionalism
Gain panel confidence
Retain self confidence
Capitalise easy questions
Focus-on-the next when you face difficulty
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Workshop agenda
APC ???
T017 - Contract Practice Competency
Some practical questions
FIDIC Rainbow family
Some tips to become a successful APC candidates
29
Q&A
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Wish you all the best for the APC !
Thank you
Kamal Paranawithana BSc(Hons), FInstLM, MRICS, ACIArb
Chairman, CPD Committee, RICS-UAE Board
Trained APC Chair / Assessor & Trained SPR Assessor of RICS
Middle East Local Network Leader of College of Estate Management, UK
Review Committee Member of University of Vocational Technology, Sri Lanka
Market Sector Manager (QS) & Approved Contract Specialist of Halcrow International Partnership
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