Contract Management

This book is an introduction to construction contract administration and management, covering the delivery and execution stage of a construction project and the various issues which the contract administrator needs to proactively manage. It can therefore be used as a contract administrator’s resource book covering what needs to be done (and why) to keep a construction project on track from a commercial and contractual perspective. It is particularly appropriate for students and new practitioners from varied construction professions and whilst it covers domestic (UK) projects, it will be particularly useful for those studying and working on international projects where terminology, procedures and legal systems may differ from the UK. The content is split into four parts and is subdivided into easy-to-read chapters replicating the timeline of a project during the construction stage: Part A covers initiating the construction stage, project delivery mechanisms, contract administration and health and safety management; Part B covers managing the construction stage, contractor performance and relationship management; Part C covers finalising the construction stage, project completion and close-out; Part D covers claims and disputes. Introduction to Construction Contract Management will be particularly useful for students enrolled on global construction programmes together with international distance learning students and non-cognate graduates starting out on an international career in construction contract administration and quantity surveying.

This book addresses the process and principles of contract management in construction from an international perspective. It presents a well-structured, in-depth analysis of construction law doctrines necessary to understand the fundamentals of contract management. The book begins with an introduction to contract management and contract law and formation. It then discusses the various parties to a contract and their relevant obligations, whether they are engineers, contractors or subcontractors. It also addresses standard practices when drafting and revising contracts, as well as what can be expected in standard contracts general clauses. Two chapters are dedicated to contract clauses, with one focused on contract administration such as schedules, payment certificates and defects liability, and the other focused on contract management, such as terminations, dispute resolutions and claims. This book provides a useful reference to engineers, project managers and students within the field of engineering and construction management.

Globalization, increased economic and geopolitical uncertainty, technological advancements, and a rise in the number of regulations and legislations have led to a significant rise in the importance, volume, and complexity of modern contractual agreements. Yet, in spite of these profound changes, many organizations still manage the contracting process in a fragmented, manual, and ad-hoc manner, resulting in poor contract visibility, ineffective monitoring and management of contract compliance, and inadequate analysis of contract performance. The net effect of this has been a heightened interest in re-engineering and automation of Enterprise Contract Management (ECM) processes across industry sectors and geographies. Enterprise Contract Management: A Practical Guide to Successfully Implementing an ECM Solution addresses all the questions surrounding ECM, ECM solutions, and the project management, change management, and risk management considerations to ensure its successful implementation. This concise text will help your organization manage the challenges of the contract life cycle and the key success factors and pitfalls in a typical ECM solution. It is a must read for corporate executives, buyers, procurement and strategic sourcing specialists, contract administrators and procurement managers. There is currently no other book available on ECM solutions. All existing books on contract management focus on the legal aspects of contracts, but none describe the functions, features, capabilities of technology solutions that support ECM, nor do they explain the key considerations for ensuring a successful ECM solution implementation.

This book presents the latest findings relating to behavioral economics and the digital tools applied to contract management. There has been a decisive change in the role of contracts in the past decade, with contracts being transformed from purely legal necessities designed to protect against worst-case scenarios into tools for optimizing ongoing and mutually profitable business relationships with customers. There is an increasing emphasis on tight contracts, where time-risk and additional costs are passed on to the prime contractor, who may suffer heavy penalties in the event of non-performance. Contracts shape the behavior of the parties involved and as such have a major impact on project success. The contract manager’s goals are to protect the interests of the company and its shareholders by minimizing the company’s financial and contractual liabilities and to maximize its profitability while ensuring end-user satisfaction. The contract is usually written before the design is fully developed, and there is often a mismatch between contractual specifications and what the customer actually wants. Good contract management entails preserving the rights of the contractor by ensuring all parties respect their contractual obligations; providing advice to the project managers and engineering team; preparing profitable amendments to contracts or change requests; maintaining good record-keeping in the event that claims arise; filing notices when necessary; and guiding the project to a profitable conclusion. Like the ancient Chinese game of Go, moves made early in the game (notification of events) can shape the nature of a potential conflict one hundred moves later (arbitration threat). Contract management can also smooth the relationship between partners, allowing well-balanced “don’t-trade-a-dollar-for-a-penny” contracts to be managed through an established process rather than as sporadic events (we cannot claim to be in control of our business if we are not in control of the contracts on which it depends). Managing a contract with a mix of incomplete manuals, fragmented information, and poor planning can drive companies to “reinvent the wheel.” Contract management promotes a three-phase sequence to streamline information flows across the contract lifecycle, from the bid phase to performance, project closeout, and final payments.

The Expanded, Enhanced, and Updated (810 Pages, 2 Volumes) Second Edition of the Must Have Information and Reference Book Designed to Guide Contract and Project Management Professionals to More-Effectively Plan, Prepare, Manage, and Administer RFPs and Contracts and Manage Contractors. - This Book provides discussions of the Legal Basics of Contracts and Contracting and the Theories, Principles, and Strategies of Contracting and Contract Management and Administration and introduces, describes, and discusses the author's unique and breakthrough concept of the Ten Stages of the Contracting Process which is a practical breakdown of the Contracting Process into Ten Interdependent Stages from planning and structuring the Request for Proposal (RFP) to Contract Close Out, Post Contract Requirements, Evaluating the Contract Documents, and Evaluating the Performance of Each Party. The Ten Stages of the Contracting Process provides Contract and Project Management personnel with a structured process to more efficiently and effectively plan, prepare, negotiate, manage, control, and evaluate RFPs and Contracts and manage and administer contracts and manage contractors resulting in well-prepared and well-managed RFPs, Contracts, and Contractors resulting in Successful Contracts and Projects. - This Book Includes - 1) Comprehensive Discussions of Contract Types/Forms, Applications, and Risks; 2) Examples of Check Lists, Forms, Formats, and Agendas used to Plan, Prepare, Manage, Administer, and Evaluate RFPs, Contracts, and Owner and Contractor Performance; 3) Examples of Practical Applications, Best Practices, Analytical Evaluations, and Lessons Learned; 4) Examples of Terms and Conditions and Definitions used in Contracts; - This Book Discusses - 1) The Integration of the Ten Stages of Contract Management with the Six Phases of Project Management and the Seven Phases of Engineering; 2) Contract Cost and Schedule Estimate Risks Based on Scope and Engineering Development; 3) Structuring the Correct Contract Type/Form Based on Scope and Engineering Development; 4) Structuring Contracts for Engineering Services with Example Formats, Agendas, and Terms; 5) Benefits and Pitfalls of Target Cost Contracts and Cost Reimbursable Contracts; 6) Pitfalls of Negotiating a Contract with a Sole or Single Source or Preferred Contractor; 7) Pitfalls of Proceeding with the Contract Work with Insufficient Engineering Documents; 8) Candid Discussions and Examples of How to Structure Effective Contract Incentives and Damages; 9) Warranties and Remedies Applicable to Contracts, Contract Work, and Completed Projects and Items; 10) Claims and the Claims Avoidance, Prevention, Management, Mitigation, and Analyses Processes; 11) Risk Management and Organizational and Human Performance Evaluation and Improvement Programs; 12) Examples of Successful and Not So Successful Contracting Situations; 13) The History of Westinghouse Electric Corporation and Westinghouse Electric Company, LLC, with Significant Contracting Lessons Learned Which Caused the Demise of Westinghouse Electric Corporation and the Bankruptcy of Westinghouse Electric Company, LLC; 14) The History of U.S. Nuclear Technology Development; the Development of Commercial Nuclear Power Plants; and Applicable Contracts and Projects Problems and Lessons Learned with Emphasis on Organizational and Human Performance Improvement Programs. The focus of this book is to improve the Contract Management skills of Project and Contract Managers, Contract Administrators, Project Engineers, Project Controls Managers, and other personnel involved in planning and executing projects requiring large, complex contracts for services, materials, and the design and fabrication of specially engineered components. The concepts, principles, strategies, and formats covered in this book are applicable to developing and managing all types of major contracts and both private and public contracts.

This book, about international contracting and contract management, is written from the angle of the contractor and discussed from an international perspective. It comments on real-life cases, taken from various kinds of projects: infrastructural works (roads, bridges, tunnels, rail roads), wind- and sunfarms, oil and gas installations, such as platforms, pipe lines, power generating works, and large buildings.The book is structured around the contracting cycle. Chapters include dealing with the role of the contractor in international contracting, the tender process, landing and negotiating the contract, types of contract, problems that may occur during project execution, project delivery, and handling guarantee claims.Written primarily for business practitioners operating in the international contracting industry, the title assumes that the reader will have a basic understanding and knowledge of theories related to project management, construction engineering, business law and economics.Though not an academic book, due to its unique blend of practitioners'' insight and academic theory, it can be taught in courses at institutes at the master level. As most engineers are going to deal with contracts, this book is specifically recommended for engineering programs both at the graduate and postgraduate level. Lawyers will find the book useful to understand the business context in which their customers and/or colleagues work.

In recent years, the design of contracts in supply chains has received significant attention from researchers and practitioners. Companies try to improve their profits by designing efficient contracts that ensure a high availability of the product at a low cost. In this book the author presents a quantitative approach for designing optimal supply chain contracts. Firstly, service level contracts, which are frequently used between a supplier and a manufacturer, are analyzed. For this contract type, optimal contract parameter combinations are identified that lead to a coordinated supply chain. Secondly, an optimal contract selection strategy is developed for a supply chain where a manufacturer can choose among multiple potential buyers. Potential readership includes scholars of supply chain management and management science, graduate students interested in these areas as well as interested practitioners involved in negotiating contracts.