D31PZ Contracts and Procurement Assignment Sample
Abstract
This section provides a critical discussion of an academic journal and contract of building contraction. In addition, this topic discusses the procurement system in the construction industry in this country of the UK. Besides that, how those two contracts refused to discuss their provision and effective way of a successful outcome. Apart from this result of the whole topic, get a different way of discussion in which this section gets clear definitions and considers some numerous aspects of this context. The essay along with article review has provided in-depth understanding on procurement and contract processes.
Part A: Article Review
1. Introduction
In this context, here discuss and critically analyse an academic journal that focuses on procurement. The topic is focused on procurement systems in construction as a process to organize and coordinate related parties in a project, especially on defining their contractual relationship. IBS is a construction method by which building components can be manufactured in a factory and it can be transported and assembled with the help of minimal labour on the site. Therefore, this topic sheds light on procurement for an organization that builds more efficiency and improves its implementation on all sides in the construction industry.
2. Summary
Procurement Process term has been used in the article has been described in various sources of this new era. In addition, the author has found an important implementation of this IBS system in the construction industry for better procurement and results show an implementation of numerous quarters, which are aware of the use of this IBS system. In this assessment, it provides a hard and wide area of research that also includes the IBS system. Additionally, there are possibilities to arrive at a reasonable understanding of this study and describe the common meaning of procurement. It is most important to identify this context, which is used to analyze this IBS system and procurement process of this case study. In order to discuss procurement process which defined as strategies that must give a brief development process in this context? Besides that, here are some elements of construction procurement, which are considered in this assessment.
In order to, here set elements for better procurement of this IBS system in this construction industry. Elements such as the process in which pre-construction happened, the process of construction stages. These steps are used to improve the entire process of procurement and need best practices that must be delivered in future.
It has been found from this article, IBS system is defined as a construction technique that must be used in this construction industry for better procurement. This system is used for important processes of procurement, which are used in industrialized techniques, which help to build components and assembly both in this context. In addition, all components are manufactured in every factory or minimal side of work. Additionally, components that are used for the procurement process in the manufacturing business of this construction industry must try to involve and improve concrete components. As opined by Akmamet al. 2018 highlighted procurement process promotes usage of this IBS system as an alternative technological system in which it is made headway as anticipated? Apart from this, the organisations who are coming under private sector they can also implement this IBM process that help them to improve their construction process. This help the organisation to create their possibilities of completing their project it help them to improve the work flow of their particular organisations. This construction method helps them to improve their business infrastructure and provide competitive advantages.
This level of acceptance and their awareness is trying to divide into some parts which include awareness, understanding and readiness of this assessment.
3. Analysis
The author does not use effective and enough strategies, which can increase awareness of implementation in the business process of IBS. Besides that, here also must identify the context which is considered in this procurement context of the construction industry. According to Mohd Nasir et al. (2016), a literature review and preliminary study with consenting respondents were used in data collection. As argued by Fateh et al. (2017), the data collection process is considering a new procurement process in which discussion is continuing through unstructured interviews and some questions of context.
In Malaysia there are three types of procurement based on traditional methods thus it is important for an organisation that consider different latest methods for procurement. Data analysis process of Malaysia is performed through traditional methods instead of modern methods of analysis.
In this case, here provides a thorough review of this literature section which provides effective information on the procurement process in this business construction industry. In addition, all data sampling is used through primary data sampling which conducts comprehensive review including journals and books (Buntin, 2020). However, the author discusses the main findings in this short essay. The aim of this assessment is to understand the implementation of the IBS construction system and the impact on case of private sectors as well as Govt. use. This provides a clear view of the topic and the impact of this process in case of improving organisational structure. This context provides essential understanding, critical discussion, and issues that are presented in this context. Therefore, how contracts are suitable for this context and also discuss their sustainability, and method for this section can for further clarification. This section has proceeded with 11 respondents for sampling which can help to fulfil main characteristics for research aim. According to Peranoet al. (2021), in this context, the author can use a mix-method for system integration and can help to design philosophical assumptions.
This assessment and through article it is responded by 11 participants in this context and there are many components used to involve in construction projects. In addition, from this result of the procurement process and different authors used different procurement processes to support this study and further research. This section must be designed by a team that helps to use better procurement in the IBS system of the construction industry. Additionally, all components already discussed earlier in which the team has appointed an effective design of work and components will help to build quantities of tendering at this stage of IBS implementation and manufacture. Apart from this, another procurement used in this study is the traditional procurement system of IBS which is already discussed earlier through some effective information of authors (Rashidi and Ibrahim, 2017). Therefore, the main aim of this context is to build the procurement process of this IBS system of this construction industry and this assessment help the organisation to maintain the procurement procedure and understand the possible opportunities of implementing this. These help the organisation to have advantages to maintain the competitive advantages.
Other than this, the author has their own perspective about the two different analysis processes. This is why there are some issues have been found in case of understanding the topic and he did not explain about those 5 respondents in that article apart from this, the report has to mentioned the impact of IBS project in private sectors that is why there are issues in understanding the project.
Article is discussed in the table on IBM technology mentioned in the article. Nevertheless the table is discussed with insufficient information and not having too much information about construction for building and other manufacturing plants. Thus the author Liana is not discussed properly in table 1. That is too important for any other to discuss all required components of IBM technology for better performance of IBM technology. Future it is important for any author that discusses all relevant parts of a topic for better knowledge acquisition as well as understands the whole process of the topic and its impact on different factors.
4. Conclusion
In this aspect, through this important analysis, it is concluded that this construction industry needs more technologies to improve its business structure. In addition, also must move to a modern method of construction and must a sustainable construction approach for this industry. This paper provided an analysis of the procurement system and how it is used in the construction industry with the use of necessary technologies, which can help to get a successful business outcome. The main result of this analysis shows different procurement through discussion, research, which is used for different procurement, projects in this industry.
Part B: Essay
1. Introduction
In this study, the main objective of this essay is to analyze and evaluate claims, which come from various aspects, and its reimbursement is arising from the construction industry. The main comparison comes from guiding contract of these selected contracts. There are implementations of “FIDIC 17” and “NEC4” contacts in essay that help to understand the aspects of the topic and it help to get further data and information about the topic. There are several contracts that area presented in the “FIDIC 17” contract such as red book, yellow book, silver book etc. The NEC4 contract is used for the appointment of a supplier for professional services. However, in this context how this edition serves as a form of comparison between two contracts this context is discussed.
2. Comparison of conditions guiding payment
Comparison between NEC4 & FIDIC 2017
In this aspect, comparing “NEC4 & FIDIC 2017”, these two contracts define conditions of guiding payment in this context and cost payment is very important for contractors in this construction industry. In FIDIC 2017 (Fédération Internationale Des Ingénieurs-Conseils), a contractor must provide an essential paper of statement and electronic copy of the engineer every month to collect conditions of payment. Engineers also have a time limit of 28 days to issue issues to IPC personnel and 56 days to state all amounts. Furthermore, those 56 days are calculated from the moment engineers receive their payment application (Frame and McEwen, 2018). However, if their payment application is not received and not made then the contractor is given three types of scenarios for increment, which must be used, in this section.
In terms of the NEC4, there are 9 core clauses, which include General clause, reflecting on defined terms, ambiguities and communication (Hughes and Waterhouse, 2018). The clause 2 under NEC4 includes major responsibilities of contractors. It reflects that any subcontractors will not be appointed until the client accepts them.
Quality management on the other hand, is reflected in clause 4, wherein includes the obligation for contractor to develop quality management system, with the acceptance of PM and aligned to scope. Clause 5 focuses on payment, which reflects that the Payments from the contractors end need an application and is mandatory.
Clause 8 reflects on insurance and liabilities. This clause has been made in order to make the contractor’s liabilities to be clearer. On the other hand, in terms of FIDIC, there are about 21 clauses. Clause 1 of FIDIC reflects on different definitions, which reflect the aim of FIDIC towards certainty and clarity. Clause 2 includes the provisions win concern to the financial arrangements of Employer. The financial arrangements must be described in contract data by the employers. Clause 3 focuses on the provisions that apply in practise. Engineers are appointed as an entity, rather than as individuals, under this phrase. Clause 4 is concerned with performance security (FIDIC, 2017).
In NEC4 (New Engineering Contract), here the project manager must be responsible for assisting all payments and all contractors should be aware of the obligation of submitting an assessment date of application before an exact date. In NEC4, payment date is linked to assessment date and if those payments are delayed then a contractor has two scenarios of incremental. Advanced payment method is much beneficial for both parties as it assures the pre booking of the products the supplier are able to have proper money back up to supply their desired products.
3. Comparison of conditions guiding project programming
In FIDIC, here contractors must submit a process in which it is inconsistent with programming and is required by engineers. In addition, in this procurement process, it takes 14 days to raise an issue that is revised in this context. In FIDIC 2017, the programme requires a limited and non-limited economic format. In addition, this format includes a link that should include all activities which link present and early activities in this context. It also enables important pathways and supporting papers of this context in activities. While NEC is used for thorough programming, it is employed for 28 days and its impacts are evaluated in some compensatory events in this context (Hughes, 2019). If there is no allowed time for a time extension programme, it is entirely based on the manager’s judgement of balancing their duties in this situation. In this connection, the comparisons between guide programming conditions in those specified contracts and their project programming, which is crucially dependent on some evaluations, and how they balance their work in this context are primarily discussed.
4. Comparison of dispute resolution methods
In this context, here main emphasis is on dispute avoidance in FIDIC 2017, which raised two main clauses. Firstly, an engineer of work and which is to achieve any concurrence on any allegation consults the mentioned two parts. An engineer has 42 days to set a record and in case if an engineer fails to maintain those processes it can duress them highly. Secondly, FIDIC 2017 are provided and more attended to precaution of dispute avoidance. In this aspect, the third option is a broad avoidance in NEC4, which is similar to FIDIC along with many aspects (Bell, 2018). Additionally, critically discussing main disputes are raising avoidance resolution which is providing only suggestions in which it is not conclusive. In NEC4, parties here need to use that dispute avoidance in a broad process before expanding those official processes. In comparison, employees of FIDIC are responsible for search methods and must agree to all requests (Jenkins, 2021). It suggests resolving disputes which resolve all conflicts of this context.
5. Conclusion
In this aspect, this essay here discusses potential and legal problems of those contracts and methods, which used in this context to support and evaluate this topic. However, problems of this topic provide a clear understanding and clear definitions of this context. In addition, this study investigated the extent to which identified problem categories were seen in this context. Furthermore, the study discussed legal principles and issues, which are the main aim to identify in this topic and their important evaluation.
Reference
PART A
Journals
Akmam Syed Zakaria, S., Gajendran, T., Skitmore, M. and Brewer, G., 2018. Key factors influencing the decision to adopt industrialised building systems technology in the Malaysian construction industry: an inter-project perspective. Architectural Engineering and Design Management, 14(1-2), pp.27-45. Availabl at:https://edisciplinas.usp.br/pluginfile.php/5014534/mod_resource/content/1/art_1Tomada_decis%C3%A3o_Key%20factors%20influencing%20the%20decision%20to%20adopt%20industrialised%20building%20systems%20technology%20in%20the%20Malaysian%20construction%20industry%20an%20inter%20project.pdf
Mohd Nasir, N., MohdNawi, M.N., Abdul Rahim, M.K.I., Bahaudin, A.Y. and Tapa, A., 2016. A review of delay factors in Malaysian Industrialized Building System (IBS) construction project. ARPN Journal of Engineering and Applied Sciences, 11(16), pp.9868-9873. Available at:http://repo.uum.edu.my/19555/1/ARPN%20jeas%202016%20%209868-9873.pdf
Fateh, M.A.M., Mohammad, M.F. and Abd Shukor, A.S., 2017. Review in formulating the standard form of contract for Industrialized Building System (IBS) construction approach in Malaysia. In MATEC Web of Conferences (Vol. 87, p. 01001). EDP Sciences. Available at:https://www.matec conferences.org/articles/matecconf/pdf/2017/01/matecconf_encon2017_01001.pdf
Buntin, G.D., 2020. Developing a primary sampling program. In Handbook of sampling methods for arthropods in agriculture (pp. 99-115). CRC Press. Available at:https://www.taylorfrancis.com/chapters/edit/10.1201/9781003067900-8/developing-primary-sampling-program-david-buntin
Perano, M., Casali, G.L., Liu, Y. and Abbate, T., 2021. Professional reviews as service: A mix method approach to assess the value of recommender systems in the entertainment industry. Technological Forecasting and Social Change, 169, p.120800. Available at:https://www.researchgate.net/profile/Perano-Mirko/publication/351118667_Professional_reviews_as_service_A_mix_method_approach_to_assess_the_value_of_recommender_systems_in_the_entertainment_industry/links/6088bd7d2fb9097c0c1322b4/Professional-reviews-as-service-A-mix-method-approach-to-assess-the-value-of-recommender-systems-in-the-entertainment-industry.pdf
Rashidi, A. and Ibrahim, R., 2017. Industrialized construction chronology: The disputes and success factors for a resilient construction industry in Malaysia. The Open Construction and Building Technology Journal, 11(1). Available at:DOI: 10.2174/1874836801711010286
PART B
Books
Hughes, K. and Waterhouse, P., 2018. Understanding NEC4: Term service contract. Routledge.
Hughes, K., 2019. NEC4: 100 Questions and Answers. Routledge.
Jenkins, J., 2021. International construction arbitration law. Kluwer Law International BV.
Journals
Amin, M.M., Abas, N.H., Shahidan, S., Rahmat, M.H., Suhaini, N.A., Nagapan, S. and Rahim, R.A., 2017, November. A review on the current issues and barriers of Industrialised Building System (IBS) adoption in Malaysia’s construction industry. In IOP conference series: materials science and engineering (Vol. 271, No. 1, p. 012031). IOP Publishing. Available at:https://iopscience.iop.org/article/10.1088/1757-899X/271/1/012031/pdf
Bell, A., 2018. NEC4: NEW DISPUTE RESOLUTION AND DISPUTE AVOIDANCE PROVISIONS. CONSTRUCTION LAW INTERNATIONAL, 13(1), p.11. Available at:https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/cnstrcnl13§ion=8
Frame, S. and McEwen, L., 2018. Delay analysis: a comparison of the UK and US approaches. CONSTRUCTION LAW INTERNATIONAL, 13(3), p.53. Availabe at:https://cpmiteam.com/wp-content/uploads/2019/04/Delay-Analysis-UK-US-Approaches-CLInt-Nov-2018.pdf
Websites
FIDIC. (2017). FIDIC RAINBOW SUITE ed.2017. Available at: https://fidic.org/sites/default/files/press%20release_rainbow%20suite_2018_03_1.pdf [Accessed 1 December 2021].
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