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Contract Management

Contract Management. What is a Contract?. Agreement between two parties (both sides think they will benefit) Legally enforceable. Contract defines important parameters of the agreement. Scope of what is being exchanged Schedule Price Risk sharing. Why enter into a contract?.

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Contract Management

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  1. Contract Management

  2. What is a Contract? • Agreement between two parties (both sides think they will benefit) • Legally enforceable

  3. Contract defines important parameters of the agreement • Scope of what is being exchanged • Schedule • Price • Risk sharing

  4. Why enter into a contract? • To use the resources or expertise of others • To complete a project or achieve a result • To acquire rights or property

  5. Contractor Pipeline Contractor Contractor Contractor Owner

  6. Contract Blunders • Selecting the wrong contract partner • Not defining contract parameters (or not matching them to the situation) • Unenforceable provisions (illegal, unreasonable or erroneous) • Not following the contract

  7. Pipeline Engineer Contractor Sub-Consultant Owner

  8. Contract management recommendations • Quality based selection • Appropriate risk sharing • Partnering agreements • Standard contract documents

  9. Standard Contract Forms • AGC • AIA • EJCDC • Agency standard form • Consultants standard form

  10. Template/Standard • Is familiar to parties involved • Has legal precedent • Uses established terminology • Lowers risk and costs

  11. Modifying the Contract • Adapt to project needs (supplemental or special conditions) • Deal with the unexpected • Mutual agreement

  12. Construction Contract Documents • Bidding documents • Agreement • Standard conditions • Supplemental conditions • Technical specifications • Addenda • Change orders

  13. Management Tools • Progress meetings • Progress reports • Payment applications • Progress incentives / delay damages • Retain a construction manager

  14. Jared Oldroyd, P.E. • Bowen Collins and Associates • JOldroyd@bowencollins.com • UtCivilEng (twitter)

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