Business Procurement and Contractual Practice Assignment Sample

Introduction

The study is based on the procurement and construction practice of a project along with it includes the activities taken by management. The assessment of various types of remedies is being discussed to handle the delays which generally occur in the construction works and by the workforce. It has also been discussed about understanding the legislation related to secondary and primary. The understanding of the provision is fully found on the types of forms of contract used and the implication of how the contract can be used for extension of the money and duration.

Background and Context

The study is based on Jim Kais Kahn who is eager to handle the development of a land in the London of South East, looking to construct four units of three bedroom house with terrace. Jim Kais Khan is looking to take risks and get himself involved in the project. Jim Kais Khan is an environmentalist and does not intend to take responsibility for interior design lightly. Jim Kais Khan has secured a loan from the bank for the house that he wants to rent. It is set for handling the unusual adverse conditions of understanding the forms of the contract and the weather. It should also include the provision of discussing the contract or the client in case of unusual events related to weather. The reference for the causes is relevant with the forms of contract which are standardized and the laws when needed.

Discussion

Question 1

As a Senior Commercial Manager, the contract and the method of procurement need to be considered should be able to be used in the design and the method of building which will be effective in managing the various practice which are to be designed and build in the industry of construction with procedure to be followed and the develop contract with various forms. A team of Engineer, Architect and Contractor involved in providing the owner with various build up plans and giving access to contact for authentic design (Loosemore et al. 2019). A deal of “all in” contract is established to develop the responsibility of designing the necessary and delivery of the project. The details of the project are included along with the development of the trial project and the approval of authorities and setting up the budget for the project proposed (Flynn. 2018). Proposing a turnkey contract will assure the contractor about the responsibility for completing the need of the project. It includes delivery of the necessary tools as per commissioned and the accessories, tools and equipment needed to handover the finished project to the owner. Turnkey contracts help to make a summary of the project including financing, designing and construction with excellent   commissioning over the whole use for the project (Hoekman et al. 2018). Lump sum price construction includes huge time to prepare and is used to satisfy the requirements of the employer. In this case the time is required for contract handling and contracting the tender requirements. A lump sum contract is used for contracting without considering the quality (Handfield et al. 2019).  The trial for the client on the BOQ (Bill of Quantities) needs to be assigned to the contractor with the requirement of the quantity of the material when the contractor can declare the sum required temporarily due to the elements that are not specified accurately.

Question 2

For the project construction, it is necessary to manage the consequences with various trots depending upon the various cases, activities, legislation whether secondary or primary by assessing the cures for the trots. Four elements of the trots that are in the construction are the creation, duty, breaching of duty and injuries (Martin-Ortega. 2018). There are some trots which are of strict liability, negligence, nuisance in public, nuisance in private and intentions. There is a need for hearing on the respondent for the litigator which may have results primarily in case of injuries (Milios et al. 2019). The act is mainly with the intent to strike the individual with the case related to criminals and their hateful acts that interfere and injure the social interest. The trots which are intentional like for individuals or entities involved in engaging the way to conduct the damages or injuries to others. There are imprisonment which are untrue, and distress infliction which are intentional. The second trot is the carelessness in the construction which is generally related to fall and slip malpractice in medical and trust. The third trot relate to liability is applicable to the case where it is necessary to take responsibility for injuries and it can be blamed on the wrong person (Randall et al. 2018).  The fourth trot is the annoyance and trespassing which fall under the civil action right.  It is used when authorizing the control of one’s property that will affect others.  Thus in construction there is always a chance of using defective products, activities which are dangerously abnormal, and the presence of animals. For this reason, the cure includes the declaration in trot with the liabilities surrounding more than one party that is responsible for handling the claimant. Thus it is necessary to contribute to several and joint several liabilities which otherwise have negligible contribution (Hernandez Lopez et al. 2019). It falls under the Act of Housing Grants and Construction and Regeneration development in nineteen ninety six. The act of Premises Defective provides about involving actions in designing and construction related to suppliers, consultants and subcontractors. The annoyance related to private property allows individuals to bring in claims to make the occupier to prove about the interference which are substantial so that the full extent of the land cannot be enjoyed. Application to the premises which are residential, the duty cannot be claimed with a limitation period of at least six years after the completion of the work (Rukavina et al. 2020). Examples of annoyance acts are smell, damage, noise and problems of dumping waste products and rubbish. For secondary legislation it includes the annoyance of statutory under section seventy nine with the Act of Environmental Protection nineteen ninety. It relates to the water pollution and the ambience in which the trial is being conducted (Rashid Issa. 2019). The sites in the construction will notice from the authority the requirement of imposing it fewer than sixty. The case related to strict liability tort in the case of Fletcher vs. Ryland in eighteen sixty eight highlights the motive of the person to come to the land to collect anything. There are misstatements and acts of negligence in relation to the ability to owe the recipient with the care for duty (Hartmann et al. 2019). In this case the advisor needs to focus on the disclaimer which is effective and the claimer does not have any to prove for the physical damages. The liability of the product and the fraud with the liability of the employer includes the duties which are non-delegable and duties are statutory (Miller et al. 2021). The indirect and the occupiers of the liability include the employer to work in handling the acts which are wrongful and authorized by the employers. The competence required for effective supervision needs to be provided for the material trials.  Thus individuals have the right to handle the breach in duty and establish negligence in contributing to it. The essence of the fraud is that the person has no trust in the trial irrespective of the dishonesty behind the motive and the intention behind it.

Question 3

JCT SBC/Q 2016 highlights the importance of including the additional which involve fluctuation, warranties which are collateral and portions of designing the contractor (Sönnichsen et al. 2020). The contract is updated with drafts of various examples to highlights on the dates of completion of the adjustments. It is related to the commitment to the supplying on time and the delay at the site due to possession. This caused the case of Chester Le vs. Whit tall Builders about the possession of handling the whole site. It comes with the commitment of performance till there is a contractual form. The other case is London Borough of New ham vs. West Faulkner Associates. The project work includes the possession of site obliged to proceed and deliver the work consistently and in a manner which is diligent (Worthington & Woldesenbet. 2019). The company is involved in taking care of the physical resources along with the progress of the work for completing the requirements as per the contractual needs. It is used when authorizing the control of one’s property that will affect others. Thus in construction there is always a chance of using defective products, activities which are dangerously abnormal, and the presence of animals. For this reason, the cure includes the declaration in trot with the liabilities surrounding more than one party that is responsible for handling the claimant (Jovanovic et al. 2020). Under clause section two sub section four for the completion of the work the contractor responsible for handling the execution of the work should be diligent and regular in keeping the work in progressive manner (Panuwatwanich. 2018). The failure to complete the work before or on the completion date will lead to direct liquidation of the damage that the employers have to deal with. The trial should be calculated during the contract.

For standard contracts the NEC is used for stimulation of the management which is good in relationships. It includes the commercial situation which is different with contract factors which is clear that includes schedule of the activity and the contract priced (Mazibuko. 2018). The NEC features cost, quality and time which highlights on providing help to the users to understand properly about the people to act on employees behalf with capabilities and scopes. The NEC helps in providing the processes earliest to warn the manager of the project and the contract that need to focus on matters which are different that affect cost, quality and time. The problems with reduction in risks are followed which allow the contractors and the manager of the project to focus on the way to reduce problems and avoid them. The main obligation on the supervisor and the contractor is about notifying the processes of defects and acceptance of defects of the contractor (Shleifer et al. 2022). The NEC provides a way to search for defects and deal with the responsibilities which bring limelight to the defects and the problems to bring in solutions. The case related to NEC is Secretary of State for Transport vs. Atkins.

FIDIC Red Book 2017, there are processes for the company and the contractor to claim which are mentioned under clause number twenty with parties subjected to the equal responsibility and procedures. Clause twenty contains responsibilities which help the party to claim losses for non-compliance. There are standards which are lost before any tights to generate any positive obligation for serving by notice which will come as an additional (Mazibuko. 2018). The responsibilities are based on notice which is initial to claim at first but with detailed statements of legal and basis of contractual claim within eighty four days. The case of Pipe SAK & International Tank vs. Kuwait Aviation fuelling Co. under the clause sixty seven with the validity of no arbitration for the notice and the government laws represented by the court.

Question 4(A)

JCT SBC/Q 2016 highlights the importance of including the additional which involve fluctuation, warranties which are collateral and portions of designing the contractor (Sönnichsen et al. 2020). The contract is updated with drafts of various examples to highlights on the dates of completion of the adjustments. It is related to the commitment to the supplying on time and the delay at the site due to possession. This caused the case of Chester Le vs. Whit tall Builders about the possession of handling the whole site. It comes with the commitment of performance till there is a contractual form. The other case is London Borough of New ham vs. West Faulkner Associates. The project work includes the possession of site obliged to proceed and deliver the work consistently and in a manner which is diligent (Worthington & Woldesenbet. 2019). The company is involved in taking care of the physical resources along with the progress of the work for completing the requirements as per the contractual needs. It is used when authorizing the control of one’s property that will affect others. Thus in construction there is always a chance of using defective products, activities which are dangerously abnormal, and the presence of animals. For this reason, the cure includes the declaration in trot with the liabilities surrounding more than one party that is responsible for handling the claimant (Jovanovic et al. 2020). Under clause section two sub section four for the completion of the work the contractor responsible for handling the execution of the work should be diligent and regular in keeping the work in progressive manner (Panuwatwanich. 2018). The failure to complete the work before or on the completion date will lead to direct liquidation of the damage that the employers have to deal with. The trial should be calculated during the contract.

Question 4(B)

NEC is used for documents which need to be drafted based on the civil engineering needs. The responsibilities include the duty of the contractors and employers (Woldesenbet & Worthington. 2019). The characteristic includes the forms which use the good management simulation between two parties for the contract. The wider variety of the situation is of commercial trials defined by the various types of location and works. The clauses are in conjunction with the options where the services related to professionals are defined at risks which are low. The NEC contracts include the forms of contract suite with options which are the framework of contract and tender. The conjunction of the clauses with others in which there are services which are in the service of professionals that are defined by risks which are lower.

Question 4(C)

Stevenson and Donohue’s contribution to tort negligence focuses on civil laws. It focuses on the actions which are legal and breach of contract on handling the case. The civil law is untested (Benítez-Ávila et al. 2019). The actions therefore are defined on the basis of no models that will claim the existing one. It includes factors such as duty of care, carelessness and neighboring principles. It is therefore needed to focus on understanding the services on the consumer duty to take care which is reasonable and proper. The neighboring principles therefore are the causes which produced the Atkins which extend the carelessness of the tort. It includes evolving with the forms which are new on the basis of protecting the consumers by laws from any goods which are faulty.

Evidence

The focus on the duties, right for the participants in contractual obligations in handling the project requirements is the main aim of contract agreements. The qualification is used to ensure the contract of FIDIC based on the varieties of project features. The example is based on the application which is proper where the employer is obliged for payments to make under the contract. The case highlights the payments involved in any contracts agreements. Irrespective of the financing arrangement for the employer and the help it brings in to provide the adequate arrangements shows the evidence (Rashid Issa. 2019). The principle of modification includes the red book and the approval required before the claim of the contractor to determine it. The contractor participants’ roles are fine with the responsibilities and the duties that the administration plans and works on for proper duties, responsibilities and roles. The roles, contractual obligation and duties are effective in delivering the objective by Yellow, Pink and Red books.  Hence if analyzing price is not proper then the estimates for cost offer are based on providing the negotiation terms of the contract. The work of handling the type of contract needs to be considered with the present and the experience of the past. This set of uncertainty is enforceable (Emmons et al. 2020). The case of Welford highlights the contractual in negotiating the purchase potentials and the negotiation terms on terminating. The good faith in Welford highlights the concern of the court with imposing the responsibilities for acting in faith of goodness.

Conclusion

The main focus of the study is on evaluating the forms that include the standards which vary and the case laws which are relevant. It highlights the non-binding and the legal binding standards which are to be specified under the JCT SBC/Q 2016. It includes the standard form of the contract with the principles of FIDIC. While the procurement of buying products and services are based on the process of procurement, much of the process occurred prior to entering the stage of buying. The practices of contrary demands on the appreciation of all aspects that are administered in the contracts are administered in the building contracts. In the report it is said that the various types of contracts and procurement practices are followed to verify the answers of the legal cases.

Reference List

Journals

Loosemore, M. and Reid, S., 2019. The social procurement practices of tier-one construction contractors in Australia. Construction management and economics, 37(4), pp.183-200.

Flynn, A., 2018. Investigating the implementation of SME-friendly policy in public procurement. Policy Studies, 39(4), pp.422-443.

Ghossein, T., Hoekman, B. and Shingal, A., 2018. Public procurement in the Belt and Road Initiative.

Handfield, R., Jeong, S. and Choi, T., 2019. Emerging procurement technology: data analytics and cognitive analytics. International Journal of Physical Distribution & Logistics Management.

Martin-Ortega, O., 2018. Public procurement as a tool for the protection and promotion of human rights: a study of collaboration, due diligence and leverage in the electronics industry. Business and Human Rights Journal, 3(1), pp.75-95.

Öhgren, M., Milios, L., Dalhammar, C. and Lindahl, M., 2019. Public procurement of reconditioned furniture and the potential transition to product service systems solutions. Procedia CIRP, 83, pp.151-156.

Hawkins, T., Gravier, M. and Randall, W.S., 2018. Socio-economic sourcing: benefits of small business set-asides in public procurement. Journal of Public Procurement.

Mendoza Jimenez, J., Hernandez Lopez, M. and Franco Escobar, S.E., 2019. Sustainable public procurement: From law to practice. Sustainability, 11(22), p.6388.

Koh, H.K., Bantham, A., Geller, A.C., Rukavina, M.A., Emmons, K.M., Yatsko, P. and Restuccia, R., 2020. Anchor institutions: best practices to address social needs and social determinants of health. American Journal of Public Health, 110(3), pp.309-316.

Rashid Issa, M., 2019. Contract management and performance characteristics: An empirical and managerial implication for Indonesia. Management Science Letters, 9(8), pp.1289-1298.

Benítez-Ávila, C., Hartmann, A. and Dewulf, G., 2019. Contractual and relational governance as positioned-practices in ongoing public–private partnership projects. Project management journal, 50(6), pp.716-733.

Khan, S.A.R., Razzaq, A., Yu, Z. and Miller, S., 2021. Industry 4.0 and circular economy practices: A new era business strategies for environmental sustainability. Business Strategy and the Environment, 30(8), pp.4001-4014.

Sönnichsen, S.D. and Clement, J., 2020. Review of green and sustainable public procurement: Towards circular public procurement. Journal of Cleaner Production, 245, p.118901.

Woldesenbet, K. and Worthington, I., 2019. Public procurement and small businesses: estranged or engaged?. Journal of Small Business Management, 57(4), pp.1661-1675.

Al-Yahya, M. and Panuwatwanich, K., 2018. Implementing e-tendering to improve the efficiency of public construction contract in Saudi Arabia. International Journal of Procurement Management, 11(3), pp.267-294.

Sjödin, D., Parida, V., Jovanovic, M. and Visnjic, I., 2020. Value creation and value capture alignment in business model innovation: A process view on outcome‐based business models. Journal of Product Innovation Management, 37(2), pp.158-183.

Mazibuko, G.P., 2018. Analysis of the administration of procurement practices in the South African public sector (Doctoral dissertation, University of Pretoria).

Bosio, E., Djankov, S., Glaeser, E. and Shleifer, A., 2022. Public procurement in law and practice. American Economic Review, 112(4), pp.1091-1117.