MARC 5400: PROFESSIONAL PRACTICE 2024

ASSESSMENT 2

Document Folio 2: Contractor Selection & Contract Administration

This assignment has 4 parts: parts 1-3 (all individual) will require and email to your client and/or contract
paperwork for issue to the builder, part 4 will be an in-class (group) worksheet worth 5%. Full details of each part
will be handed out in advance of the relevant tutorial. All parts are all due on 10 May @ 11.59pm (week 11).
Weighting: 50%

PART 1
Here’s the Project scenario:
Ruby has asked you to organise the tender for another residential project currently in the office. For this project,
Ruby has advised the clients to invite three tenders and use an ABIC Simple Works Contract with the practice
acting as the Contract Administrator.
While Ruby provided two recommendations of builders that the practice has worked with previously - and is
confident of the quality of their work - the client recently met a young builder at a party whose work they are
impressed by and who they would also like to invite to tender. Their company is called Capital B Builders (note:
while this is a made-up name, the contract itself is based on real one that Rebecca encountered in practice in
exactly this scenario).
Ruby has had preliminary discussions with each of the three contractors to understand if they are interested in
providing a tender for the project. Two contractors confirmed that they have availability to do so, while Capital B
Builders advised that they are keen to tender but only if they can use their own contract form instead of the
ABIC Simple Works contract. They have provided a copy of this contract for you to review.

Here’s what you’re being asked to do:

Review the contract provided by Capital B Builders and write a letter to your client advising them of the key
differences between this and the ABIC contract. In the letter, you’ll need to make your client aware of the
implications of those differences for how a construction contract would run, the role of the architect within it, and
what this might mean for the quality of their house once completed.

Part 1 DELIVERABLE:

15% (individual) • A letter to your client advising them of key differences in the two contracts, and their
implications; and provide recommendation for whether they should proceed with
allowing Capital B Builders to tender using their preferred contract form. This should
state that you require a confirmation from them regarding how they would like to
proceed based on your advice; and what format they should communicate that in.

Here’s the fine print regarding that deliverable:

The letter does not need to be an exhaustive list, instead, we’re asking you to explain, using tangible examples
that a lay person could understand, what the implications of the key contract differences are and to make a
recommendation about whether they should procced with obtaining a tender from Capital B Builders or not.

Here are some PREPARATION TIPS FOR THE WEEK 7 TUTORIAL where we’ll discuss this task in detail:
Remember that contracts contain biases depending on whose interests they are written in respect of. Think
about any useful conditions (or protections) in the ABIC Simple Works contract that might be missing from the
contract proposed by Capital B Builders. Remember also that the ABIC Simple Works contract allows for an
architect to be the Contract Administrator and sets out processes, timeframes, and expectations for those
administrative tasks – think about whether the contract proposed by Capital B Builders allows for this or not?
Read through both contracts; highlight or make notes about any differences you can identify or anything you
need your tutor to explain. Bring these notes to the Week 7 tutorial.
MARKING SCHEDULE

Unsatis- Satis- Well

Assessment task & criteria factory factory Done Mark

CLIENT LETTER (15%, individual work)

Understanding, Quality of Reasoning & Professionalism

Within the letter, we are looking for evidence that:
• you understand how different contract types do (and do not) provide
protections for clients and assure quality within the built outcome;
• you understand the role of the architect as contract administrator;
• you can communicate in a clear, concise, and professional manner that is
respectful to all parties; and
• you understand the need to request client confirmation for how they would
like to proceed. / 15
CONTRACT ADMINISTRATION PAPERWORK (30%, individual work)

Understanding, Quality of Reasoning & Clarity of Communication

Across the 4 documents related to contract administration, we are looking
for evidence that:
• you understand various documentation processes around the approval
of substitutions, identifying and rectifying defects – and can select the
appropriate form of paperwork to communicate with the builder;
• you understand the broader implications of approving substitutions to
the project, including compliance with the contract terms, regulatory
controls, building standards, codes, and conditions of construction and
planning approvals;
• you can communicate in a clear, concise, and professional manner. / 30
PRACTICAL COMPLETION ASSESSMENT TASK (5%, group work)

Tutor to add score for in-class worksheet on practical completion /5

Relationship to Professional Accreditation Criteria

The following Professional Accreditation Criteria are primarily assessed in this task:
[7] Understand appropriate processes for clear and consistent communication with clients and relevant stakeholders throughout a
project, including obtaining approvals from clients and stakeholders.
[9] Understand contemporary and emerging building procurement methods. This involves identifying the most appropriate form of
delivery for a project, including associated risks, mitigation and adaptation strategies, and understanding appropriate
construction and consultant contracts and agreements.
[13] Have knowledge of documentation processes that facilitate project delivery appropriate to selected procurement processes.
[46] Understand the processes for producing project documentation that meets the requirements of the contract and procurement
procedure and complies with regulatory controls, building standards, codes, and conditions of construction and planning
approvals.
[48] Understand available procurement methods and their application to project delivery, considering relevant factors including
project type, scale, and coordination of contractors.
[51] Understand the process of selecting qualified contractors in accordance with an agreed procurement method and construction
contract.
[54] Understand the purpose of periodic site visits of construction works for quality assurance.
[55] Understand methodologies for record keeping, document control and revision status during the construction phase.
[56] Understand the purpose of identification of defects, rectifications, and approval substitutions.
[57] Understand the principles of contract administration, including certification, variations, instructions, requests for information
and practical completion.
[58] Understand the contract components – including all documents – and the process of executing a contract, as defined within
the construction contract and in accordance with relevant building and planning codes.