Session 1 Franco Mastrandrea Senior Vice President and Head of Expert Services, International Hill International, Inc. 8 October 2012
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Introduction
Specific areas of interest in the context of problem projects -
• The importance of record keeping • Understanding the Contractor’s accounting system • Understanding the nature of the Contractor’s costs • Difficulties with free issue resources and services e.g. WTGs and installation and commissioning personnel • Vessels: mobilisation/demobilisation costs, DPRs and their relevance to claims, Waiting on Weather (“WoW”) considerations • Logistical issues on shore and offshore: non-critical time considerations.
The Global Leader in Managing Construction Risk ™
The importance of record keeping • Compliance: e.g. Steps taken in response to a safety improvement notice (clause 4.8); compliance with QA requirements (clause 4.9); shortage, defect or default of free issue materials (clause 4.20); as-built drawings (clause 5.6); operation and maintenance manuals (clause 5.7); personnel and equipment (clause 6.10); tests (clause 7.4); programme (clause 8.3); notice for tests on completion (clause 9.1); taking over notice (clause 10.1); records in connection with claims (clause 20.1). • Reporting: e.g. Progress reporting (clause 4.21: less 10% from any future payments) • Relative weight: documents versus recall • Setting up a system: design, develop, explain, implement, check, adjust • Internal and external: Notification, Verification (e.g. Daily records of dayworks resources - clause 13.6) • Independent substantiation: emails, text messages, diaries, photographs
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Accounting system
• What is the system?
• Description • How do the project accounts fit in to the contractor’s overall accounts e.g. overheads? • Exceptions • The records that feed the system • Random testing of the system
The Global Leader in Managing Construction Risk ™
The Contractor’s costs
• Direct and indirect, or fixed and variable? e.g. overheads
• One-off costs • Volume or task-related • Time-related e.g. is fuel for vessels a task-related or time-related cost?
Vessels • Often the single most costly items • Even so, they may or not be on the critical path of the project: typically MPs are less complex than TPs so the MP installation vessel may not be on the critical path, although it is likely to be one of the more expensive if not the most expensive vessel • Typically the charter is on a time (e.g. BIMCO) or the owner is prepared to undertake work on a lump sum basis. • Waiting on Weather (“WoW”) considerations. The vessel owner will typically seek to exclude weather downtime risk usually on the basis that alternative work could otherwise be done in more southerly seas • Mobilisation/demobilisation costs. Because of the specialist nature of the installation works these are typically expensive and represent substantial components of the overall costs. What is the nature of these costs: are they time related? How is responsibility for their cost to be allocated as between the parties? • DPRs and their relevance to claims: records for controversial issue purposes
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Logistical issues
• Port facilities: e.g. congestion.
• Preparation of lay down areas or work areas. • Inspection facilities: e.g. specialist rollers or turning equipment • Attendances: e.g. craneage: how will the loading in and loading out of goods be done? Availability of and downtime for crawler cranes. • Permits: e.g. sandblasting and spray painting. • Specialist scaffolding and enclosures • Diving: keeping them busy • UXOs