Construction Project Management: Contracts, Regulations, and Site Procedures
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Introduction: Construction Project Management: Contracts, Regulations, and Site Procedures
The project is about the explanation of four tasks that are required in order to complete the study. The first task is producing a comparison table; the second part is official letter writing, the third task is the preservation process of an oak tree and the final task is about the procedures taken after finding some antiquities underground.
Discussion
A. Comparison table of Common clauses of construction contracts against the principle of Contract Law
Common Clause
Meaning
Job Purpose
The responsibilities of each party and the work that must be done in accordance with the contract are outlined in this clause (Yin et al. 2019). This is in line with the idea of mutual assent, which says that both parties have to agree on the same thing. A construction contract is a legally binding agreement that outlines the terms and conditions of a construction project between two or more parties.
Terms of Payment and Price
The terms of the payment, such as the amount to be paid, the payment schedule, and any penalties for late payment, are outlined in this clause (Karantanellis et al. 2020). This is in line with the principle of consideration, which stipulates that each party must be compensated in some way for their promises. The agreement should be organised in a manner that is clear, succinct, and unambiguous, and ought to contain statements that are predictable with the standards of agreement regulation. These terms are guided by the regulations which are made for the smooth transfer of payment regarding the construction project. The terms of installment allude to the settled-upon timetable and strategy for paying for the development work. This explains how to pay, which could be through wire transfers, checks, or another method. This is the level of the absolute installment that is kept down until the task is finished.
Alter the Orders
This clause specifies the procedure for making changes, including how they will be documented and priced, in addition to allowing for modifications to the work scope. This is in line with the idea of mutual assent, which says that both parties must agree to any changes to the contract's terms (Hartmann et al. 2019). This describes the specific work that needs to be done, including the materials that will be used, and the work that will be done. The conditions in a development agreement ought to be predictable with the standards of agreement regulation, which incorporate common consent, thought, suggested guarantee, and break of agreement.
Warranties
This statement frames the guarantees that the project worker gives to the proprietor, including guarantees of workmanship and materials. This is in line with the implied warranty principle, which states that a contract's goods or services must be suitable for their intended use (Cho et al. 2020). A well-drafted construction contract should outline a simple procedure for resolving disagreements that may arise during the project and ensure that all parties are aware of their rights and responsibilities. There is duration exists in construction projects that is to be maintained to get the full potential of the construction work.
Termination
This statement frames the conditions under which the agreement can be ended and the privileges and commitments of the gatherings upon end (Cheng et al. 2019). This is in line with the idea of breach of contract, which states that one party can end a contract if the other party doesn't do its part. There are various conditions that exist which are need to be maintained during the construction otherwise the termination can happen.
B. Letter regarding identifying main contractual responsibilities (Under 2015 CDM Regulations) of the parties to a project
Mr. John Gates
General Manager
Engle mere Healthcare Trust
May 15, 2023,
Mr. Josh Dave
Client Manager
Paramount Construction Company
Subject: Description of main contractual responsibilities of the parties to a construction project
Dear Mr. Gates, on behalf of the Paramount construction Company, I want you to identify the main contractual responsibilities of the parties to a construction project.
In a construction project, the parties typically have specific contractual responsibilities that they are expected to fulfil. The owner or client, the contractor, and the architect or engineer are all parties in this. The following are some typical roles each party plays:
Client: The project's owner or client is in charge of determining the project's scope, establishing a budget and timeline, and funding the project. In order to avoid misunderstandings and disagreements, parties who have mutual trust are more likely to communicate openly and honestly.
In addition, they are accountable for paying the contractor for their work and obtaining the necessary permits and approvals.
Contractor: The construction work must be carried out in accordance with the contract's specifications by the contractor. They should provide the fundamental work, hardware, and materials, and should stick to the timetable and financial plan set by the proprietor. Additionally, the contractor must guarantee that the work is completed to the required quality and standards.
Engineer: The designer or specialist is liable for planning the undertaking and setting up the vital drawings and determinations. They should likewise give management oversight during development to guarantee that the work is done as per the plan.
Along with that, there are some factors of construction projects that can be improved by the involvement of project clients. The methods of improvement of the project by the parties' involvement are given below.
Communicating clearly: To ensure that the project meets the client's requirements, it is essential for the construction team and the client to communicate effectively. The client can give clear directions, which can lessen mistaken assumptions and assist with staying away from blunders that could prompt expensive revisions. Parties are more likely to be committed to the project's success when they feel valued and respected, which increases overall satisfaction with the project's outcome.
Making decisions promptly: By responding promptly to requests for information or changes, the client can help speed up the decision-making process, minimising delays and keeping the project on schedule.
Spending plan The executives: To ensure that the project is finished on time and within budget, clients can collaborate closely with the construction team. As parties are able to work together more seamlessly, share resources and information, and avoid duplication of effort, good relationships can also increase efficiency and productivity. Additionally, the client can assist the construction team in focusing on delivering those aspects of the project to a high standard by helping to prioritise which aspects of the project are most important to them.
Control of Quality: Throughout the construction process, customers can provide valuable feedback on the quality of the work. In order to ensure that the project meets their expectations, they can assist in identifying areas that require improvement.
Management of risk: On the project site, clients can assist in identifying potential risks and hazards, which can assist the construction team in taking appropriate precautions to reduce those risks.
In synopsis, client associations can further develop the development project by upgrading correspondence, working with convenient direction, dealing with the spending plan, controlling quality, and overseeing gambles. Clients can assist in ensuring that the project is completed to their satisfaction and meets their specific requirements by actively participating in the construction process.
The contractual responsibilities of the parties under 2025 CDM regulations
Under the 2015 Development (Plan and Executives) Guidelines (CDM), clients have a few legally binding liabilities, including
Designating the principal contractor and designer: According to CDM regulations, the client is responsible for ensuring that the principal designer and principal contractor have been appointed in writing and possess the necessary skills, knowledge, and experience to carry out their responsibilities.
Providing information prior to construction: Before construction begins, the client must provide the principal designer and principal contractor with all pertinent project information. Any risks and hazards associated with the project or site, as well as any existing health and safety information, ought to be included in this information.
Guaranteeing satisfactory government assistance offices: The client is responsible for making certain that the site's workers have access to sufficient restrooms, washing facilities, and rest areas for their well-being.
Providing notice to the Health and Safety Executive (HSE): If the project is expected to last more than 30 working days, have more than 20 workers working simultaneously at any given time, or require more than 500 person-days, the client must inform the HSE in writing.
Guaranteeing collaboration and coordination: The client should guarantee that all gatherings associated with the task collaborate and facilitate their work to guarantee the well-being and security of everybody on the site. This includes making certain that the health and safety of those who will be working on the construction will be taken into consideration in any design choices.
Ensuring that the project is completed without putting health or safety at risk: The client is responsible for ensuring that the project is carried out without putting anyone's health or safety at risk, including workers, visitors, and the general public. This includes making certain that the project is planned, managed, and supervised appropriately.
Legal action and fines may be imposed upon the client for not adhering to their contractual responsibilities under the CDM regulations. Moreover, these overall obligations, the agreement between the gatherings will commonly characterise explicit commitments and prerequisites for each party (Chen et al. 2020). Changes to the work scope, payment terms, warranties, and ways to settle disputes are all examples of these. To guarantee that the project goes off without a connection and that everyone involved is on the same page, it's critical that the contract's terms are carefully reviewed and comprehended by all parties.
Yours’s sincerely
Mr. Dave
Paramount Construction Company
C. Old Oak tree with a preservation order
The given scenario is that there is an oak tree with a preservation order at the construction site. The task is to determine ways to save the tree as well as complete the construction.
Hiring an expert arborist: An arborist can evaluate the tree's health and suggest ways to protect it during construction. Otherwise, the tree can be harmed during the construction works.
Fencing the tree off: Make a defensive hindrance around the tree to keep any harm from gear and development labourers (Ha and Yang, 2019). The distance between the fence and the tree's trunk should be at least equal to the drip line.
Figure 1: Protecting the existing tree
Reducing compacted soil: Compaction of the soil can harm the tree's roots and make it harder for the tree to take in water and nutrients. Avoid driving heavy equipment over the tree's root zone.
Avoiding harm to trees: During construction, be careful not to harm the bark or roots of the tree. The tree's ability to grow and thrive can be affected by even minor damage.
Watering and treating the tree: The tree can be put under a lot of stress during construction, so it's important to make sure it has enough water and nutrients (Stockdale and Coyne, 2020). The best ways to take care of the tree can be recommended by an expert arborist.
Tree trimming: Pruning can aid in the tree's stress reduction and healthy growth. When and how to prune the tree can be suggested by an expert arborist (Jiao et al., 2020). Trimming some excess branches of the tree can save the whole tree from various risks.
D. Flow chart Complies with Current Legislation
This section holds information about the procedures if any antiquities are found underground of the site, along with current scenarios. The procedures are given below.
Work off: To stop further damage to the site, construction work in the area where the antiquities are discovered should stop immediately (Singh et al. 2019). Stopping the work for some time while further procedures are implemented is the first step.
Report to the important power: The revelation of the ancient pieces ought to be accounted for by the nearby power or the Versatile Artefacts Plan as quickly as time permits. The authority is a voluntary programme that tracks archaeological finds made by metal detectorists.
Secure the site: In order to keep the antiquities safe from damage or unauthorised access, the area where they were found should be secured (Coutard et al. 2020). Covering the whole site is a vital process, as it can prevent unauthorised excess to the site.
Figure 2: Flow chart
Investigating archaeological sites: The neighbourhood authority will survey the site and conclude whether an archaeological examination is required. A licenced archaeologist should be hired to excavate and record the antiquities if an investigation is deemed necessary.
Notification of the finding: The local authority will inform the relevant national heritage organisation if the antiquities are deemed to be of historical significance (Ji et al. 2020). Informing the local authority about the findings is the next step of this procedure.
Preserving and archiving: The antiquities ought to be meticulously preserved and stored in an appropriate location until the relevant authorities determine their future.
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Conclusion
This section holds a brief discussion of the whole report. As the report consists of four tasks, all of the tasks are perfectly done. Several regulations are discussed regarding the finding of some antiquities. The important outcomes of this report are given in a section as a summary of the whole project.
Reference list
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