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CO-OPERATION IN CONSTRUCTION SECTOR CONSTRUCTION CONTRACTS Dr. Judit Gyulay – Dr. Zoltán András Vattai BUTE Department of Construction Technology & Management
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CONSTRUCTION AFFAIRS Construction Sector Construction Industry
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- erecting new buildings - reconstructing existing buildings - remodeling existing buildings - extending existing buildings - demolishing existing buildings TYPICAL DELIVERIES OF CONSTRUCTION INDUSTRY
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- immovability of product - performance exposed to weather - transport of great volumes - environmental charges/effects - high exposition FEATURES OF CONSTRUCTION PERFORMANCES
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- Client (Investor) - Manager (Engineer) - Designer(Acrhitect) - Contractor(Craftsmen) - Bank - Authorities(Community) STAKEHOLDERS OF CONSTRUCTION PROJECTS
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Traditional PROCUREMENT POLICIES CONTRACTUAL RELATIONS (PROCUREMENT SYSTEM) Client Designer Contractor Sub.
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Turn-key PROCUREMENT POLICIES CONTRACTUAL RELATIONS (PROCUREMENT SYSTEM) Client Designer Contractor Sub.
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Construction Management Client Designer Contractor Sub. Engineer (Manager) PROCUREMENT POLICIES CONTRACTUAL RELATIONS (PROCUREMENT SYSTEM)
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Management Contract Client Designer Contractor Sub. Engineer (Manager) PROCUREMENT POLICIES CONTRACTUAL RELATIONS (PROCUREMENT SYSTEM)
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- Contract of works - Agency Contract - … TYPE OF CONTRACT
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- Design - Management - Accomplishment - Supply - Service - … SUBJECT OF CONTRACT
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- Main contracting - General contracting - Co (-general-) contracting - (Sub-) Contracting - Service / Supply - Representation (agency) RANGE OF CONTRACT
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- Contractor - Client - Subject - Deadlines - Offset ESSENTIAL DATA OF CONTRACTS - - Who - Whom for - What - What time - What price
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– Free-hand (based on trust) – Tendering (competition) = Public = Restricted (invited) = Direct negotiation FINDING CONTRACTUAL PARTNERS PROCUREMENT
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SPECIFYING DELIVERY (DETAILS) Preparation Design Procurement (contracting) Procurement (contracting) Accomplishment TRADITIONAL Clear details: known technical, technological, time and budget specifications at contracting
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Preparation Design Procurement (contracting) Accomplishment MANAGEMENT Change- and risk management have essential role SPECIFYING DELIVERY (DETAILS)
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- Lump-sum (fixed price) - Unit price - Cost + fee OFFSET OF CONTRACTUAL DELIVERIES Timing of offset of deliveries is also a price-forming factor (cost of financing)
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- Referred standard contractual schemes, sets of regulations (FIDIC, VOB, …) - Technical documentation (plans, specifications, budgeting, …) - Referred technical standards (quality- and performance expectations) APPENDICES OF CONTRACTS
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- Written contract (e.g. by FIDIC, VOB, …) - Oral agreement (with precedents) - Implied contract (?!) ENGENDERING A CONTRACT
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- Controlled mainly is the Client - Purchase on public funds - Strictly controlled procedures - Specific risks elements - Price raising effects (!!!) PUBLIC PROCUREMENT
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- ~20 % of building deliveries - Periodicly changing conditions - Balanced contracts - Precise (in-time) offset - Highly exposed investments PUBLIC PROCUREMENT
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