ASCE 9780784406533 2003
$52.54
Ten Commandments of Better Contracting
| Published By | Publication Date | Number of Pages |
| ASCE | 2003 | 477 |
Francis Hartman provides a fresh look at management of supply chains with a particular focus on contracting for construction and related goods and services.
PDF Catalog
| PDF Pages | PDF Title |
|---|---|
| 6 | Contents |
| 12 | Figures Tables |
| 14 | Acknowledgements |
| 16 | Introduction |
| 18 | Terms You Should Know |
| 22 | Icons |
| 24 | Chapter 1 Thou Shalt Contract Within the Law and the Working Environment of the Contracting Parties: Typical Contract Problems and their Causes: Common Law and Tort Issues, Changes in the Contracting Environment |
| 26 | 1.1 Contracting Basics 1.1.1 Contract Law as Part of Common Law |
| 27 | 1.1.2 Contract Formation |
| 30 | 1.1.3 Breach of Contract |
| 31 | 1.1.4 Terms and Conditions |
| 32 | 1.1.5 Typical Content of a Contract |
| 34 | 1.1.6 Obligations Outside the Terms of a Contract |
| 36 | 1.1.7 “Legal” Versus “Ethical” or “Fair and Reasonable” |
| 39 | 1.1.8 Contract Failure and Termination |
| 41 | 1.1.9 Recourse in Law |
| 42 | 1.2 Changes that Influence Contracts |
| 43 | 1.2.1 Change over the Past 30 Years |
| 44 | 1.2.2 Effect of These Changes on How We Do Business |
| 45 | 1.2.3 Effect of Changes on Contracting Options |
| 51 | 1.2.4 What Has Been Found by the Construction Industry Institute and the Cost Reduction Initiative for the New Era |
| 54 | 1.3 What has Changed |
| 60 | Chapter 2 Thou Shalt Not Mix Up the Wrong Work Packages: Packaging Work: Combining the work and materials supply for optimal performance 2.1 Contract Types |
| 61 | 2.1.1 Stipulated Price |
| 65 | 2.1.2 Unit Rate |
| 68 | 2.1.3 Cost Plus |
| 73 | 2.2 Tendering Options |
| 75 | 2.2.1 Bidding |
| 79 | 2.2.2 Request for Proposal |
| 82 | 2.2.3 Negotiation |
| 84 | 2.3 Scope of Work 2.3.1 Supply Only |
| 86 | 2.3.2 Services Only |
| 87 | 2.3.3 Engineering, Procurement, and Construction (EPC) |
| 92 | 2.3.4 Engineering, Procurement, and Construction Management (EPCM) |
| 94 | 2.3.5 Design/Build |
| 96 | 2.3.6 Build, Own and Transfer (BOT) and Build, Own, Operate and Transfer (BOOT) Contracts |
| 98 | 2.3.7 Turnkey |
| 99 | 2.3.8 Other Flavors |
| 100 | 2.4 Vertical Integration |
| 101 | 2.4.1 Financing |
| 103 | 2.4.2 Subcontracting |
| 104 | 2.4.3 Equipment and Material Supply |
| 105 | 2.4.4 Operating 2.5 Horizontal Integration 2.5.1 The Effects of Mixing Some or All of the Steps in Delivery of a Project |
| 108 | 2.5.2 Fast-Tracking |
| 111 | 2.5.3 Concurrent Engineering |
| 113 | 2.6 Multicontract Projects |
| 115 | 2.6.1 Coordination |
| 116 | 2.6.2 Management of Contracts and Contractors |
| 117 | 2.7 Multiproject Contracting |
| 118 | 2.7.1 Evergreen Contracts |
| 119 | 2.7.2 Alliances |
| 121 | 2.7.3 Term Contracts |
| 122 | Chapter 3 Thou Shalt Listen to, and Understand, the Real Wishes and Needs of the Customer: Contract strategies: intent and client objectives, contractor and supplier responses 3.1 Relevant Company Policies |
| 123 | 3.1.1 Procurement Policy |
| 127 | 3.1.2 Value for Money |
| 128 | 3.1.3 Auditability |
| 129 | 3.2 Project Requirements |
| 130 | 3.2.1 Balancing Performance, Cost, and Time 3.2.2 Vendor Learning Curves |
| 133 | 3.2.3 Reputation and Relationships |
| 134 | 3.2.4 Clarity of Requirements and Specifications |
| 135 | 3.2.5 Business Drivers for the Project |
| 137 | 3.3 On-Staff Expertise and Availability of Key Skills and People |
| 138 | 3.3.1 Technical and Other Complexities |
| 140 | 3.3.2 Project Priority in Sponsor Organization 3.3.3 Impact of Funding for the Project |
| 142 | 3.3.4 Politics and Compliance Issues |
| 143 | 3.4 Risks Associated with the Client 3.4.1 Can the Client Pay? |
| 147 | 3.4.2 Expertise and Experience of the Client |
| 148 | 3.4.3 Client’s Attitude to Contractors and Suppliers |
| 150 | 3.4.4 Fairness in Contract Administration |
| 156 | Chapter 4 Thou Shalt Not Blindly Pick the Contractor Who was Cheapest Because It may Have Made the Biggest Mistake: Contractor or supplier selection: picking partners for success 4.1 Picking a Contractor: Selection Strategy |
| 174 | 4.2 The Bid Document |
| 181 | 4.3 Bid Comparisons |
| 183 | 4.4 Bid Process |
| 193 | 4.5 Games People Play |
| 197 | 4.6 Negotiations |
| 199 | 4.7 Award: Do we Really have an Agreement? |
| 202 | Chapter 5 Thou Shalt Not Be Ambiguous and Vague: Clarity in wording: ambiguity, latent disputes and interpretation of contract clauses 5.1 Language and Technology Growth |
| 206 | 5.2 The Implicit Specification |
| 210 | 5.3 Latent Disputes |
| 212 | 5.4 Risk as a Tool to Identify Latent Disputes |
| 220 | 5.5 Clarification of Clauses: Before or After Bid? |
| 227 | 5.6 Managing Expectations: The Soft Side of Improving Contracting Effectiveness |
| 230 | Chapter 6 Thou Shalt Share Out Risks Equitably and with Intelligence: Risk assignment through contracts: risk assessment, cost and allocation 6.1 The Cost of Assigning Risk: The Study, Its Limitations and How it was Validated |
| 231 | 6.1.1 The Origins of the Study |
| 234 | 6.1.2 Common Beliefs |
| 236 | 6.1.3 The Investigation |
| 237 | 6.1.4 Limitations |
| 238 | 6.1.5 Validation |
| 240 | 6.2 The Cost of Assigning Risk: What We Found 6.2.1 Cost of Weasel Clauses |
| 241 | 6.2.2 Value of Clauses |
| 243 | 6.2.3 Things that Affect the Premiums Charged |
| 245 | 6.2.4 Ingrained Habits and Mistrust |
| 247 | 6.3 Eliminating Risk Premiums |
| 249 | 6.3.1 Awareness of these Costs |
| 250 | 6.3.2 Awareness of the Issues |
| 254 | 6.3.3 Trust and its Limitations |
| 256 | 6.3.4 Auditability 6.3.5 Value for Money |
| 258 | Chapter 7 Thou Shalt Trust thy Contracting Partner, but not Do So Unreasonably: The role of trust in contracting: types of trust and trust profiles 7.1 The Cost-Trust Relationship |
| 259 | 7.1.1 Cost Elements |
| 262 | 7.1.2 Trust Components |
| 264 | 7.1.3 The Relationship between Cost and Trust |
| 265 | 7.2 Trust Types and what they Affect in the Contract Relationship |
| 267 | 7.2.1 The Color Trust Model |
| 270 | 7.2.2 Myth and Reality: Post-rationalization and the Need for Auditability |
| 272 | 7.2.3 The Effect of Auditability on Contracts |
| 274 | 7.3 Contracts in a Context of Trust |
| 275 | 7.3.1 Competence Trust |
| 278 | 7.3.2 Integrity Trust |
| 280 | 7.3.3 Intuitive Trust |
| 282 | 7.3.4 Balancing Trust Types |
| 283 | 7.3.5 Adapting Contracts and Managing Them Based on Trust |
| 288 | Chapter 8 Thou Shalt Not Mess Unduly with the Contract After it is Agreed: Administration of contracts: payments, meetings, and documentation |
| 289 | 8.1 Payment and its Implications 8.1.1 Payment Processes |
| 291 | 8.1.2 Holdbacks and Lien Acts |
| 295 | 8.1.3 Lender and Investor Concerns |
| 298 | 8.1.4 Implicit Contract in Common Law |
| 299 | 8.2 Notices Under the Contract 8.2.1 Purpose of Notices |
| 300 | 8.2.2 Notices Often Defined by the Contract |
| 303 | 8.3 The Power of Progress Meeting Minutes 8.3.1 Using Progress Meeting Minutes to Serve Notice |
| 304 | 8.3.2 Using “Standard” Minutes |
| 309 | 8.4 Documents that Affect Contract Terms and Conditions 8.4.1 Memos to File |
| 310 | 8.4.2 Diaries |
| 311 | 8.4.3 Written Communication |
| 312 | 8.4.4 Confirmation of Important Items |
| 313 | 8.4.5 Other Forms of Communication |
| 315 | 8.5 Legal Recourse: Will the Real Contract Please Stand Up?! 8.5.1 Reading the Contract |
| 317 | 8.5.2 Knowing What the Contract Means |
| 319 | 8.5.3 Last Resort: Turning to the Law |
| 322 | Chapter 9 Thou Shalt Deal Rationally and Fairly with Inevitable Changes to a Contract: Changes and Markups: Types of changes, processes, costs and games played |
| 323 | 9.1 Change Orders |
| 325 | 9.1.1 Change Basics |
| 326 | 9.1.2 Processes Needed for Managing Changes |
| 328 | 9.2 Process for Managing Changes 9.2.1 Flowchart |
| 331 | 9.2.2 The Need for Process to Meet Buyer and Vendor Needs |
| 332 | 9.3 When is a Change a Change? 9.3.1 Recognizing a Real Change |
| 335 | 9.3.2 What Can Change? |
| 340 | 9.4 The Effect of Changes and how it Alters Over Time 9.4.1 Effects |
| 341 | 9.4.2 Time Effect on a Change |
| 342 | 9.4.3 Contracts |
| 343 | 9.4.4 Relationships |
| 344 | 9.4.5 Morale |
| 345 | 9.5 Pricing Change Orders |
| 346 | 9.5.1 What Is Affected? |
| 347 | 9.5.2 Opportunities and Risks |
| 348 | 9.6 Contract Provisions for Markups and what they may Mean |
| 350 | 9.7 Gamesmanship in Pricing, Negotiating and Managing Changes 9.7.1 Pricing Change Orders |
| 353 | 9.7.2 Negotiating Change Orders |
| 354 | 9.7.3 Managing Change Orders |
| 356 | Chapter 10 Thou Shalt Not Kill (Your Contracting Partner): Claims and Disputes: Resolution Options and Avoidance 10.1 Negotiating Changes and Disputes |
| 360 | 10.2 Mediation |
| 362 | 10.3 Arbitration |
| 365 | 10.4 Litigation (Classic Dispute Resolution) |
| 369 | 10.5 Mini-Trials |
| 370 | 10.6 Dispute Resolution Boards |
| 371 | 10.7 Other Options for Dispute Resolution |
| 374 | Chapter 11 Smart Contracting: An Interlude |
| 376 | Chapter 12 Smart Contracting: a Framework for Better Performance of Contracts and the People Involved: It pays to be SMART about how we manage our clients and our supply chain |
| 377 | 12.1 Thou Shalt Contract within the Law and the Working Environment of the Contracting Parties |
| 387 | 12.2 Thou Shalt not Mix up the Wrong Work Packages |
| 397 | 12.3 Thou Shalt Listen to, and Understand, the Real Wishes and Needs of the Client |
| 403 | 12.4 Thou Shalt not Blindly Pick the Contractor who was Cheapest Because it made the Biggest Mistake |
| 406 | 12.5 Thou Shalt not be Ambiguous and Vague |
| 412 | 12.6 Thou Shalt Share out Risks Equitably and with Intelligence |
| 416 | 12.7 Thou Shalt Trust thy Contracting Partner, but not do so Unreasonably |
| 419 | 12.8 Thou Shalt not Mess Unduly with the Contract after it is Agreed |
| 423 | 12.9 Thou Shalt Deal Rationally and Fairly with Inevitable Changes |
| 427 | 12.10 Thou Shalt Resolve Disputes in the Most Equitable and Efficient Way Possible |
| 430 | 12.11 Closure |
| 432 | References and Bibliography |
| 472 | Index A B C |
| 474 | D E F |
| 475 | G H I J L M |
| 476 | N O P Q R S |
| 477 | T U V W |
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