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Construction Managment: Procument, Contract Delivery System and Construction Contract
Construction Managment: Procument, Contract Delivery System and Construction Contract
Contract or Project Delivery System is the way Project Owners together with Project
Regulators and Financiers determine the assignment of responsibilities to Project
Stakeholders along the Construction Process.
It is often determined during the Basic Planning phase of the Construction Project.
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Types of Project Delivery Systems
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Force Account
When the project owners engage themselves to undertake the project, it is called a force
account delivery system.
Such a system is often promoted if the Project Owners believe that there is a
comparative advantage in cost, time & quality.
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Outsourcing
In this case owners/clients reach out to related professionals in the process.
Most of the project delivery methods/systems are found under this category
Design-Bid-Build (D-B-B);
Design-Build (D-B);
Construction Management (CM At Free & At Risk);
Design -Build- Operate (D-B-O);
Build-Operate- Transfer (B-O-T);
Build -Own -Operate -Transfer (B-O-O-T);
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Design-Bid-Build (D-B-B)
Some times called as the traditional method; after project owners did prepare the
Basic Planning that identifies construction project programs, they call upon the
participation of Design and/or Supervision Consultants.
This Consultant will carry out the design together with the necessary tender
documents which will be the basis for tendering to select Contractors.
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In this arrangement both the design &construction liability rests with the Contractor.
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The employer approaches a contractor with a set of requirements defining what the
employer wants.
The contractor responds with proposals, which will include production as well as design
work.
The scale of design work included depends on the extent to which the employer has
already commissioned such (design) work from others.
The contractor's design input varies from one contract to another, ranging from the
mere detailing of a fairly comprehensive design to a full design process
including proposals, sketch schemes & production information.
The Design-Build contractor, in any way be responsible for both the design &
construction.
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Limiting competition;
High tendering costs;
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Construction Management
The owner procures the management services of the Construction Manager (in most
cases a general contracting construction firm) early in the design phase.
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This is a form of CM under which the Construction Manager acts as an agent of and
advisor to, the Owner.
The Owner enters in to multiple trade contracts with the trade contractors & suppliers.
The Construction Manager is retained on a fee for services basis & acts on the Owner's
behalf in managing & coordinating the trade contracts in the best interests of the Owner.
The Owner retains all of the contracting risks inherent in each of the trade contracts.
It essentially involves the Owner acting as its own general contractor, with the assistance of
a Construction Manager.
This form of CM is sometimes also referred to as the “CM as Advisor” or “owner contacted
form of CM”.
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CM At Risk
CM At Free
CM At Risk
1. Cost-Plus Contract
• Under a cost-plus contract, contractors are paid for all of their construction-related expenses. That’s the cost part
of the name. The costs can include direct costs such as labor, materials, supplies, etc.
• They also include overhead costs such as insurance, mileage, a portion of your office rent. Additionally, they also
receive an agreed-upon amount for the profit. That’s the “plus.”
• This type of contract is ideal when the project scope is uncertain in the early stages of the project.
Advantages
• There’s seemingly no risk of losing money on materials. Plus, you know you’ll incur a profit.
• useful when you don’t have enough information to provide a thorough estimate of work or the scope is not well
defined.
• prioritize quality.
Disadvantages
• They can require additional resources and labor costs on your side.
• limited on how much you can spend.
• Some cost-plus contracts include clauses with “not to exceed” amounts for costs.
Different Types of Cost Plus Contracts
1.1 Cost plus fixed percentage
• Payment covers both the associated project costs and the builder’s profit and overhead. The amount paid for
the builder’s profit and overhead is dependent on a fixed percentage of the project cost.
1.2 Cost plus fixed fee
• Payment includes coverage of the associated project’s costs as well as a fixed fee that covers the builder’s
profit and overhead.
1.3 Cost plus with guaranteed maximum price (GMP) contract
• Payment includes the coverage of the associated project costs and a fixed fee that is paid up to a maximum
cost. If the GMP is not reached, the difference between the total cost and GMP will not be paid out, which
results in savings for the owner.
• The builder and owner may also agree to split the savings, providing the builder an incentive to keep costs
under the GMP.
2. Design-Build Contract
• As the name suggests, a design-build contract addresses design and construction costs simultaneously. Under
this type of contract, the construction process actually begins before the final design is completed.
• This process saves the owner time and money by combining the design and construction project delivery into
one contract. It also helps to streamline communications and create repeatable processes.
Advantages
• The design-build contract helps to speed up the process and avoid disputes between the designer and builder.
• It’s popular with organizations that want to accelerate project delivery, lean into the benefits of collaboration,
and streamline processes.
• Designers also have more input in the construction drawing process, reducing the need for changes.
Disadvantages
• Because there’s no competitive bidding phase, the final costs may be higher for the owner.
• It’s also more difficult to estimate costs due to the necessary collaboration between designer and builder.
3. Guaranteed Maximum Price Contract
• Under the guaranteed maximum price (GMP) contract, the maximum amount the owner will have to pay the
contractor is capped.
• The GMP contract limits the amount the owner will have to pay, and any additional expenses incurred are
covered by the contractor.
• These agreements limit the cost-risk for the customer. They clearly define the most the owner will have to
pay, which makes budgeting much easier.
Advantages
• The GMP includes costs for labor, materials, overhead, and a percentage of those costs to generate a profit.
• If the final costs come in under the GMP, the customer may receive all of the cost savings or share them with
the contractor.
• For contractors, it can also help to expedite the lending process.
Disadvantages
• time-consuming on large, multi-phase projects.
• places the majority of the risks on the contractor.
• If the original estimate ends up being below the final costs, the contractor can lose money on the project.
4. Incentive Construction Contracts
• Incentive contracts provide the contractor with an agreed-upon payment if the project is delivered by a certain
date and at a specific point.
• If the project is delivered at a lower cost and/or by the target deadline, the contractor receives extra payment.
• The amount they receive is specified in the contract and may be based on a sliding scale. In other words, the
contractor is incentivized for controlling costs and staying on schedule.
Advantages
• beneficial for controlling costs and timelines.
• create a more collaborative process where the contractor has more ownership.
• Because of the incentive phased approach, the contractor and owner often communicate more and look for
innovative ways to get the job done.
Disadvantages
• Incentive contracts do require more negotiation to determine the incentives. It’s important for contractors to
ensure that the costs and deadlines are achievable.
• If the terms and conditions are not clear, it can leave room for disputes. Contractors need to clearly define
what meeting the incentive looks like so there are no miscommunications when the project is delivered.
5. Integrated Project Delivery Contract
• “Integrated Project Delivery (IPD) is a delivery model for delivering construction projects using a single
contract for design and construction with a shared risk/reward model, guaranteed costs, waivers of liability
between team members, an operating system based on lean principles, and a collaborative culture.”
• This type of construction contract spreads the risk and rewards of the project across the designer, builder, and
owner, dependent on the project’s financial results.
Advantages
• IPD contracts are popular with teams that want to prioritize innovation and collaboration.
• They promote a sense of ownership and teamwork as all parties must work together to achieve the desired
rewards.
• They also spread the risk and reward fairly across parties and foster greater accountability for the results of the
project.
Disadvantages
• Each party needs to remain committed to the IPD model or risk reverting to traditional project delivery
methods.
• IPD is still relatively new in the industry, so some design firms and subcontractors may not want to participate.
• Some contractors find it difficult to secure financing for these projects as well.
6. Lump-Sum Contract
• With a lump-sum contract, the contractor delivers the project at a preset price. The contractor will deliver a
total price for the project rather than bidding on the deliverables. The agreement is relatively simple and
works well for projects with a well-defined scope.
• They’re popular with straightforward work that doesn’t require detailed estimates.
• These types of construction contracts also make administration and cash flow estimates easy.
Advantages
• The lump-sum contract presents a digestible, easy-to-plan-for figure to the owner.
• These agreements streamline business analysis and the selection process as well.
• They give the contractor the flexibility to focus on quality, materials, and output.
• Unlike time and materials contracts, lump-sum contracts don’t dictate as much owner supervision and
approval.
Disadvantages
• They don’t factor in changes in material costs, site conditions, or requests from the owner. For the lump-sum
contract to pay off, you’ll need to be able to estimate the project’s schedule, materials, labor costs, overhead
costs, and profit margins easily.
7. Time and Materials Contract
• Under a time and materials (T&M) contract, the owner pays an agreed-upon price based on the time spent on
the project, required materials, and the included profit rate. Like the lump-sum contract, this agreement is
simple and straightforward. However, T&M contracts allow for more flexibility in the costs of the materials
and account for labor rates. They may also include a mark-up for the materials if they are purchased at
wholesale rates.
Advantages
• T&M contracts help the owner to budget for the overall costs while reducing the risk on the contractor’s part
in the case of fluctuating material and labor costs. They also help to prevent cost-cutting methods as the
contractor knows they’ll receive a profit.
Disadvantages
• There are some potential downsides to this type of agreement. There’s less transparency about the final cost
for owners, which can lead to disputes along the way if prices rise. Inaccurate estimates can also potentially
eat into the contractor’s profit margins.
8. Unit Price Contract
• The unit price contract details prices per unit, which may include materials, labor, overhead, supplies, and
profit. The owner pays the contractor based on the units at agreed-upon rates. The contract may or may not
include the number of units needed to complete the project but will likely include at least an estimate.
Advantages
• These contracts work well with projects that can be easily divided into units. If your project is largely
dependent on the price of the units and involves repetitive tasks, a unit price contract may be a good choice.
Contractors who use unit price contracts find the simple invoicing and shared risk beneficial.
Disadvantages
• They’re not always a good fit for complex projects that require complicated tasks and many different types of
materials. They don’t incentivize contractors and can lead to profit loss if the initial estimates are off-target.
9. Schedule Rate Contract
• In its most simple form a schedule of rates can be a list in a contract setting out the staff, labour and plant
hire rates the contractor will use for pricing cost reimbursable instructed daywork.
• However, on a much larger scale, a 'schedule of rates term contract', 'term contract' or 'measured term contract' may be used
when the nature of work required is known but it cannot be quantified, or if continuity of programme cannot be determined.
In the absence of an estimate, tenderers quote unit rates against a document that is intended to cover all likely activities that
might form part of the works.
Advantages
• Variations are easier to estimate and normally cheaper than on fixed price traditional contracts.
• The client can stop and start work at a pace that might be determined by cash flow or funding.
• A larger pool of contractors can be asked to tender as the process is inexpensive and quick.
• It is flexible in relation to scope and contractual commitment.
• As a fully-detailed design is not required the client can obtain tenders at the early stages of a project and
begin construction before completion of the design. So to this extent it is 'fast track'.
Disadvantages
• Additional resources are required to measure work and certify payments.
• The client does not have a final price when committing to starting work.
• It is difficult for contractors to plan long-term resources and so might mean changes to personnel with loss of continuity.
• Contractors may be tempted to front-load costs in case later work does not materialise.
• There is no real incentive for contractors to treat such work with any sense of urgency and its best staff will be placed on
the projects where the contractor is carrying more risk.
Comparison Between Different Types of Construction Contracts
Point of
Lump-Sum Contract Unit Price Contract Cost Plus Contract Target Cost Contract
Differentiation
Disadvantages
No incentives for No incentives for
with respect to High risk Share risk with the owner
early finish early finish
the contractor
High risk
Contractor desire
Disadvantages Total cost is
to decrease costs Share risk with the
with respect to uncertain at the Total cost is
may be to the contractor
the owner early stages uncertain at the
detriment of quality
early stages
2. Eyerusalem Okbay
3.Hikma Mohammed
4.Rahel Teklay
5.Wengelawit Meshesha
6. Yohannes Fantahun
7. Yordanos Abrha