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    2021 TOPIC 2 Contract Administration Functions

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    MUSLIHAH AQILAH MUSAFFENDY
    The document discusses the key functions and responsibilities of a contract administrator. A contract administrator plans contracts, puts them in place, manages them, enforces provisions, manages parties, implements sanctions, and acts as a first line for dispute resolution. They also link project management to construction management. Key responsibilities include managing the legal arrangement between parties, acting impartially, and ensuring terms are clear to prevent disputes between parties.

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    2021 TOPIC 2 Contract Administration Functions

    Uploaded by

    MUSLIHAH AQILAH MUSAFFENDY
    25 views18 pages
    The document discusses the key functions and responsibilities of a contract administrator. A contract administrator plans contracts, puts them in place, manages them, enforces provisions, manages parties, implements sanctions, and acts as a first line for dispute resolution. They also link project management to construction management. Key responsibilities include managing the legal arrangement between parties, acting impartially, and ensuring terms are clear to prevent disputes between parties.

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    Contract Administration

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    The document discusses the key functions and responsibilities of a contract administrator. A contract administrator plans contracts, puts them in place, manages them, enforces provisions, manages parties, implements sanctions, and acts as a first line for dispute resolution. They also link project management to construction management. Key responsibilities include managing the legal arrangement between parties, acting impartially, and ensuring terms are clear to prevent disputes between parties.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    25 views18 pages

    2021 TOPIC 2 Contract Administration Functions

    Uploaded by

    MUSLIHAH AQILAH MUSAFFENDY
    The document discusses the key functions and responsibilities of a contract administrator. A contract administrator plans contracts, puts them in place, manages them, enforces provisions, manages parties, implements sanctions, and acts as a first line for dispute resolution. They also link project management to construction management. Key responsibilities include managing the legal arrangement between parties, acting impartially, and ensuring terms are clear to prevent disputes between parties.

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    of 18

    Contract Administration Functions

    Lecturer : DR. MAZLINA ZAIRA BINTI MOHAMMAD

    Group member :

    1) Muhammad Alif Haiqal Bin Sahidin 2018288022


    2) Muhammad Danial Hafiz Bin Mohd Radzi 2018639368
    3) Muhamad Firdaus bin Hisam 2018467378
    4) Muhammad Faiz Bin Aminorashid
    2018224386
    Contract Administration Functions

    ü Planning for contract

    ü Putting Contract in Place

    ü Managing Contract

    ü Enforcing Provisions/Procedure of Contract

    ü Managing Parties to the Contract

    ü Implementing Sanctions to Ensure Performance

    ü First line Dispute Resolution

    ü Linkage between Project and Construction Management


    “
    Involves the control and
    administering of the legal

    Definition
    arrangement entered into
    between the parties to a contract

    ”
    Contract Administrator Responsibilities

    Who is a Contract
    Administrator ?

    Architect Surveyors Engineers

    What is a Contract
    Administrator job?

    • Managing the legal arrangement between parties to a


    contract.
    • Act as an agent of the employer
    • To make an impartial decision between parties
    involve.
    DEFINE THE PARTIES INVOLVE
    PROJECT IN A PROJECT
    Project Definition

    1 2 3 4

    Define Scope Sort Out Working Plan


    Date Timeline
    and Delivery Finances
    • Pricing • Detail of Project
    • Expectation at • Start and end Structure of Work Plan
    the end of dates of Contract
    Project Project. • Assign Parties
    and Fund
    Owner and Developer
    Client
    of Project

    Parties Designing the


    Project

    Parties
    Involved In Contractor and
    Consultant
    Construction Subcontractor
    Contract

    Constructor of
    Project
    Parties who supply
    Supplier
    construction material
    • Define the Objective of Project
    Client • Choosing Parties Involved in Project

    • Designing the Construction Project


    Consultant • Provide cost estimates, draw budgets

    Contractor • Carry out the construction work on site


    • Hire Sub - Contractor for completing seperate part of
    work.

    • Provide Reasource or Service for Project


    Supplier • Can provide directly or indirectly ( Supply Chain)
    Putting Contract in Place

    Regulating the relationship between the parties as to their future performance.

    Necessary to have absolute clarity and certainty as to the terms agreed by


    having right contractual documents in place.

    To ensure :

    No dispute Agreement in
    Agreement in payment terms
    between scope of
    and duration of project
    parties works
    Managing The Contract
    The management of formal legal framework or agreement
    reached between the parties

    Example of job description to be manage

    - Objective of the contract

    - Parties involve
    Enforcing provision/procedures of contract
    • Enforcing provision, procedures and practices as agreed from parties involve as agreed in
    the contract.

    Effective Contract Support from Legal Alternative dispute


    Enforcement. Institution. settlement.

    • A mechanisms are required to • Presence of an independent • Allows each parties to resolve


    ensure each party stick to the and competent judiciary, the the problems without the legal
    terms of contract. : legal profession, enforcement system.
    1. Self enforcement services and the legislation
    2. Reputation process is a crucial influence
    3. Third-party-audit in the equality treatment
    4. Technology to monitor between each parties involve.
    work.
    Managing Project
    Parties

    Responsibility of Project Parties

    Its is required that


    parties carries out their
    obligation to best as
    possible and acquire
    skill to accomplish Express
    that.

    There two type term of


    contract:
    Implied
    Type of Contract Term

    Implied
    Express

    • They are expressly or specifically


    stated, either orally (at the initial
    • These are not expressly or explicitly
    interview, say) or in writing.
    stated. (obvious to both parties)
    • Express terms must be put in writing
    • Courts will imply a term in a contract of
    and handed to the employee in the
    employment .
    form of a written statement of
    particulars.

    Acts Protect
    Amount Pay Hour Holiday Equal pay Duty Care
    party
    How contract end ?

    For Convinience By Agreement


    • both parties agree to end contract before the work
    • the contract allows a party to terminate at any time by
    is completed
    providing notice to the other party

    Frustration of Contract
    • Legal termination of a contract due to
    Breach of Contract unforeseen circumstances
    • Parties to a contract fails to deliver that
    which they had agreed to deliver.
    • The contract impossible to be deliver.

    • Defective work delivery is not breached of Third Party Change in


    contract only if faulty solved within specific Involve Law
    time.
    Implementing Sanctions To Ensure
    Performance
    Taking legal action against any faults with any clients is very
    necessary to :
    • manage and control quality of the work
    • monitoring the time schedule

    Client/Employer
    has authority to
    apply these type Termination of Contract
    Include penalty : for delay beyond of sanctions. (with or without fault of
    deadline of contract (ex : LAD)
    contract)

    Compensation for damage. Withdraw the work from contractor.


    First Line Dispute Resolution

    Problems Resolution

    • Delays in work • Alternative dispute settlement allows


    each parties to resolve the problems
    • Errors in design without the legal system.
    • It is design to handle the dispute in a
    • Quality and workmanship timely and fair manner.
    • Example :
    • Variation Orders 1. Mediation.
    2. Conciliation hearings.
    Linkage between project and construction
    management.
    • To provide necessary linkage between project management and construction
    management elements of a project where such agreement are apparently absent.

    Project management Construction management

    Ø Deals with the project from the beginning to the Ø More focuses on the physical construction.
    end. Ø Budgeting of the physical construction.
    Ø Budgeting of the project expand to construction,
    marketing, clients meeting and etc. Ø Job description :
    Ø Job description : 1. Checking plans with consultant.
    1. Commencing the project. 2. Planning work schedules.
    2. Build, analyse and manage CPM 3. Monitoring progress and cost.
    schedule. 4. Reporting to clients.
    3. Interpret, analyse and negotiating details 5. Maintaining and promoting health and
    on the contract. safety.
    4. Monitor contractor performance.
    5. Oversee contract administration.
    Thanks!

    CREDITS: This presentation template was


    created by Slidesgo, including icons by
    Flaticon, and infographics & images by Freepik.

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