Conditions Of Contracts, Procurement, Standard Form Of Contract And Dispute Resolution

Conditions Of Contracts,
Procurement, Standard Form
Of Contract And Dispute
Resolution

Table of Contents
INTRODUCTION...........................................................................................................................1
QUESTION 1...................................................................................................................................1
Appropriate procurement methods .............................................................................................1
Types of contracts to be adopted in the project with adequate justification...............................2
QUESTION 2...................................................................................................................................2
Different types of tort (civil wrong) in the construction phase of the project. Evaluate the
types of remedies in tort and the defence....................................................................................2
QUESTION 3...................................................................................................................................4
Different provision formed by JCT SBC/Q 2016, NEC4 ECC and FIDIC Red Book (1999 or
2017) for managing the delay caused by employers and those that are the fault of the
contractor. Critically evaluate on the basis of relevant clauses...................................................4
QUESTION 4...................................................................................................................................5
Discuss one of the golden principles of FIDIC ‘the duties, rights, obligations, roles and
responsibilities of all the contract participants must be generally as implied in the general
conditions, and appropriate to the requirements of the project’..................................................5
Critically evaluate three factors for the selection of types of contract........................................6
QUESTION 5...................................................................................................................................7
Evaluate any ‘Multi-tiered Dispute Resolution Mechanisms’ stipulated in the JCT SBC/Q
2016.............................................................................................................................................7
Discuss the principles of NEC contracts.....................................................................................7
Discuss the contribution of Donoghue and Stevenson to the tort of negligence........................7
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Contract and procurement are explained as one of the most crucial topic which simply
explains about the method which is required at the time of completing the process of purchasing
any of the good and services. Here, contract law plays the crucial role that how any of the work
is needed to performed fort the purpose of completing the process of procurement. In any of the
procurement process, it is essential to understand that all of the guidelines must be completed for
the purpose of completing any of the project or planning. In context of the file , there are various
topics which will be discussed in detail which will allow to understand the concept of
procurement, contract law. Also, different procurement process with its effect. Law of tort will
also be discussed within the file which will allow to understand the concept in detail.
QUESTION 1
Appropriate procurement methods
Procurement is the process in property development which is a simple concept where planning
and thoughts are required before placing any of the contract to the builder. This is one of the
most important concept which plays the crucial role for the investor. There are number of
methods in procurement and those methods are explained below in detail.
 Best Value IFB: This is the procurement method which is necessary to be used only in
that respective situation where ideas and thoughts are clear and has been defined in
identical manner. Here, goods and services are available from more then one source. The
main advantage in it is that awards is always provided to the best bidder for the value
which is one of the simplest process (Levin, 2016). On the other side, it do not
encourages any of the innovation in it which is a negative side of it.
 RFQ (Request for Quotations): In this types of procurement method, selection is
always made on the basis of qualification carried by the professional where they should
be able to follow the codes. It will be necessary to understand that it emphasizes on the
competency of the contractor who has introduced the proposal. The negative part of RFQ
is that contractor are always selected before the price has been negotiated.
 RFP (Request for Proposals): The method of procurement where vendor are required to
deliver the innovative ideas is known as Request for Proposals. The best part of this
respective method is that it encourages the innovations which allows the customized
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