Analysing the novated design and construct contract from the client's,design team's and contractor's perspectives

The novated design and construct (ND&C) contract is one of the increasingly preferred options among developers of large commercial and residential projects across Australia. As a consequence of novation, the design team's obligation to the client gets transferred to the contractor who becomes responsible for carrying out the detailed design work at a later stage of project life cycle. Subsequently, there are some inherent factors that can depict the effectiveness of how all parties in the process interact leading to a successful delivery of project through ND&C contracts. A common set of 31 influencing attributes have been identified through a systematic research approach and their relative significance and impacts have been determined based on a structured questionnaire survey in selected construction projects. By performing the factor analysis, a total of eight factors significant to ND&C contracts were extracted, namely (1) impact of initial design; (2) client's involvements in post novation design; (3) selection of design team; (4) contractor's obligation; (5) morale in post novation; (6) experience of design team; (7) relationship between contractor and design team; and (8) expertise of DT in ND&C projects. With a clear understanding of the roles of clients, design team and the contractors, these findings could potentially contribute to develop a company's procedures or enhance existing knowledge in relation to the ND&C procurement approach.     

基于关系合同的重大工程隧道行为治理模型

目前,我国重大工程建设管理过程中,仍然存在道德风险、资产专用或敲竹杠以及逆向选择等隧道行为,极易引发进度延迟、成本上升、质量下降等风险,甚至导致工程失败。在分析承包商隧道行为的基础上提出业主-承包商合同治理模式,构建委托代理模型,探讨显性合同与关系合同下的激励机制。研究发现,引入关系合同与激励机制能有效防范承包商隧道行为,且能有效促进业主与承包商长期合作;政府作为重大工程管理者,应该引导工程行业建立信息公开平台与承包商筛选机制,从而提升整体行业水平,规范行业企业行为。     

承包方信任度对投标报价的影响研究

从承包商的视角构建了以承包方信任为自变量、投标报价为因变量、承包商的公平感知为调节变量的理论模型。通过对 173 份承包商的有效问卷进行实证分析,得出结论:善意信任、能力信任与风险费报价和管理费报价均负相关,且承包商的公平感知可以加强善意信任、能力信任与风险费报价之间的负相关关系。不仅丰富了投标报价领域和招投标阶段有关信任方面的研究,而且可以指导承包商的投标工作,促进业主和承包商在以后的项目建设过程中更加注重己方的诚信建设。     

Risk analysis in fixed-price design–build construction projects

Construction projects are being tendered and implemented under different contract systems and payment methods. Design–build has been a popular contract system in recent years. It provides various advantages through entailing the contractor carrying out and being responsible for not only construction but also the design of the work. However, design–build turns out to be a risky system for both owners and contractors unless the risks are identified, analyzed and managed throughout the tender preparation and project execution stages. In this context, this study aims to present a literature survey on the issues of risk, risk management/analysis and the design–build contract system, to propose a schedule and cost risk analysis model, and to show the applicability of these models in scheduling and cost estimation of a fixed-price design–build construction project through a case study.     

Partnership in building energy performance contracting

Building energy performance contracting is a business strategy to assist building owners overcome the financial barriers for improving the energy performance of their buildings. In return for the investments made into the energy-saving measures, the energy service contractors would share with the building owners the energy cost saving. Although the contractual arrangement is meant to create a win–win situation, disappointments could arise due to mismatches between the expected and actual outcomes. From a micro-economics viewpoint, the key factors contributing to the failure of a building energy performance contract are reviewed. To solve the commonly encountered problems in building energy performance contracting, it is proposed the conventional performance contract is replaced with a partnership formed jointly by the building owner and the energy service contractor, with the latter assuming the role of the performance contractor. This would unite the goals of the two parties and cultivate genuine cooperation between them. The key features for this new contractual arrangement are described along with how this arrangement could resolve typical energy performance contracting problems.     

Partnership in building energy performance contracting

Building energy performance contracting is a business strategy to assist building owners overcome the financial barriers for improving the energy performance of their buildings. In return for the investments made into the energy-saving measures, the energy service contractors would share with the building owners the energy cost saving. Although the contractual arrangement is meant to create a win-win situation, disappointments could arise due to mismatches between the expected and actual outcomes. From a micro-economics viewpoint, the key factors contributing to the failure of a building energy performance contract are reviewed. To solve the commonly encountered problems in building energy performance contracting, it is proposed the conventional performance contract is replaced with a partnership formed jointly by the building owner and the energy service contractor, with the latter assuming the role of the performance contractor. This would unite the goals of the two parties and cultivate genuine cooperation between them. The key features for this new contractual arrangement are described along with how this arrangement could resolve typical energy performance contracting problems.     

房地产开发项目实施阶段应用PMC模式关键问题研究

目前在部分房地产开发项目实施阶段中出现了PMC这一新的项目管理模式。文章以部分项目为背景,分析了该种模式出现的原因及后续普及的可能性。重点针对工程建设过程中可能制约该种模式应用的关键问题,分析了房地产公司与PMC承包商之间合作关系及合同责任的确定、项目管理部的组织结构设计和项目中其他参建方合同关系设计3个方面。文章在PMC承包商的管理范围与责任、项目管理部的组织与人员配备、项目中各参建方合同与组织关系方面形成了结论,期望对采用此类方式运作的项目给予理论上的支持。     

Uncertainty,opportunistic behavior,and governance in construction projects: The efficacy of contracts

Uncertainty makes exchanges subject to substantial opportunistic behavior that is generally believed to be curbed by the contract. However, how the contract governs the relationship between uncertainty and opportunistic behavior has not been elaborated. This paper examines the effects of uncertainty on the supplier's opportunistic behavior and the moderating effects of contractual complexity. This research classifies uncertainty into environmental uncertainty and behavioral uncertainty and distinguishes contractual complexity from a functional perspective, with elements including control, coordination and adaptation. Using data from 220 owners and general contractors in the Chinese construction industry, this research reveals that a positive relationship exists between uncertainty and opportunistic behavior. Contractual control and adaptation have effects on weakening the relationship between environmental uncertainty and opportunistic behavior, while contractual coordination can mitigate the opportunistic behavior induced by behavioral uncertainty. These findings offer new insights into uncertainty management and a nuanced understanding of contractual governance in projects.     

Strategic issues in formulation and management of macroprojects in Australia

Strategic issues in formulating and managing macroprojects are immensely complex and little explored. Setting up the myriad of contracts or agreements in these projects is a mammoth task in itself. Moreover, in many cases, agreements are set up without the ensuing legal ramifications, and the attendant liabilities being fully appreciated. The relationship between owners is explored, including issues arising when setting up a joint venture (JV) or a company. In addition, the subsequent relationships between company/JV and lenders, contractors, designers, project managers and others typically involved in formulating and implementing revenue-generating macroprojects are considered. It is found that law is rather underdeveloped in many innovative approaches to management of these macroprojects.     

Contractors’ perception of risk factors affecting cost overrun in building projects in Palestine

This study aims at identifying the risk factors affecting cost overrun in building construction projects in the West Bank in Palestine from contractors’ viewpoint. To do so, 31 contractors working on building construction completed a structured questionnaire survey. Forty factors were identified through a literature review. These factors were grouped into five groups: cost estimating, construction items, construction parties, environmental, and financing. The results indicated that the top five affecting factors are fluctuation in currency exchange rate, project financing, contract management, level of competitors, and cost of materials. The findings can support the government in improving the regulations to meet the construction market needs, owners in planning and designing and evaluating policy, contractors and managers in planning and taking external and internal risks when costing and scheduling contracts, consultants in applying comprehensive contract information, and workers in conducting their day-to-day activities. The results will fill an important research and practice gap.     

The Øresund Tunnel — Making a success of design and build

This paper explores the benefits of design and build as procurement method for major infrastructure projects. The discussion is developed by considering the case of the Øresund Tunnel, part of the Øresund Link between Denmark and Sweden. Several examples are described of how design and build permitted innovations—in construction method and in permanent works design—which would not have arisen if design and construction had been procured separately. The paper demonstrates that in the right circumstances, design and build can lead to lower cost, faster construction, reduced risk and improved build quality.     

高铁建设管理中危岩落石治理管控博弈分析

我国高铁项目建设中的危岩落石治理管控问题越来越受到参建各方的重视。从建设方的角度对高铁项目建设中危岩 落石治理管控的主要任务进行了阐述,分析了高铁建设管理各阶段参建各方的行为对危岩落石治理管控的影响,建立并求解 了建设方、设计方与咨询方的三方博弈模型,得出不同参数关系下的纳什均衡解,说明在项目建设前期至施工图设计阶段, 建设方制定办法,加大惩罚力度,加强对关键性工程的检查,提高监督成效,会减少设计方、咨询方不履职尽责的概率,有 利于危岩落石问题的根本解决。通过分析,对建设方采取适宜的策略督促各参建单位在危岩落石治理方面尽职尽责提出了具 有管理学意义的建议。     

1999年版FIDIC施工合同条件下承包商风险探析

对合同风险进行识别是建设项目各相关方风险管理工作的重要内容。文章以FIDIC1999年第一版《施工合同条件》为研究对象,提出了该合同条件风险与责任相称、不可预见性风险分配的原则,以及业主处于主导地位、工程师作用显著、DAB解决争端和以合作机制对待风险的特征。采用合同分析的方法识别基于该合同条件的承包商风险问题,探讨承包商承诺的充分性风险、生产设备、材料或工艺缺陷风险、承包商未履行告知义务风险、延误风险、工程变更风险、环境保护风险、合同文件不同解释引起的风险、承包商可索赔事项的风险、承包商可投保的风险等等。为承包商在使用该合同条件的工程项目中更好地进行合同管理和风险管理提供借鉴。     

基于委托代理模型的建筑工程激励合同机制研究

在工程项目建设中,为解决由于业主与承包商之间信息的不对称而引发的道德风险问题,运用信息经济学中的委托代理理论,在考虑使用CPIF 合同的同时,通过建立业主与承包商之间的激励合同模型,从承包商的努力程度方面构建了成本函数和生产函数,求出了业主的最优激励标准以及相应承包商的最优努力程度,阐明了业主方在签订合同时的最优激励机制,为业主通过在合同中设置激励措施更好地管理承包商提供参考,并通过具体算例说明该机制的正确性以及与实际情况之间的吻合性。     

Indoor air quality and the law in Singapore

With the greater use of air-conditioned offices in Singapore, achieving good indoor air quality has become an important issue. The laws that impose duties upon designers and contractors with respect to the design and construction of air-conditioning and mechanical ventilation (ACMV) systems are set out in the Building Control Regulations and the Singapore Standard Code of Practice for Mechanical Ventilation and Air-conditioning in Buildings (hereinafter "SS CP 13:1980"). ACMV maintenance is governed by the Environmental Public Health Act, the Building and Common Property (Maintenance and Management) Act, and the Land Titles (Strata) Act, as well as by lease or tenancy agreements. Designers, contractors, developers, building owners and management corporations may also be liable to the workers, occupants and other premises users for indoor air quality (IAQ)-related injuries under the general principles of contract and tort. Recently, the Guidelines for Good Indoor Air Quality in Office Premises was issued by the Ministry of Environment to complement SS CP 13:1980 toward improving the indoor air quality of air-conditioned office premises. Although the Guidelines have no statutory effect, they may be adopted as contractual requirements in construction, lease and maintenance contracts. They may also be used to determine the relevant standard of duty of care required to discharge tortious liability. This paper looks at the existing laws and rules affecting the design, construction and maintenance of air-conditioned offices in light of Part III of the Ministry's Guidelines.     

工程总承包模式及其在煤炭建设项目中的应用分析

在分析国内外相关理论研究和实践成果的基础上,指出工程总承包的根本目的在于确立工程建设的单一责任,在实现途径上依赖于竞争性招标、业主方的施工管理、可建造性技术和快速路径技术,在具体实施中有多种组织结构和实施程序方面的变异类型。最后,结合煤炭建设的具体特点,指出了工程总承包模式在煤炭项目建设上有着其他项目承发包方式不可比拟的优势,探讨了煤炭建设项目使用工程总承包模式所面临的社会认知、法律法规、业主角色和承包商能力的阻碍,并针对这些阻碍提出了相应的解决对策。     

Delays in construction projects: The case of Jordan

The construction industry is a major player in the economy, generating both, employment and wealth. However many projects experience extensive delays and thereby exceed initial time and cost estimates. A host of causes of construction delays in residential projects were identified and classified according to Drewin’s Open Conversion System. The most common causes were evaluated by using both, the data collected in a survey conducted to residential projects consultant engineers, contractors, and owners, and interviews with senior professionals in the field. Most correspondents agreed that, financial difficulties faced by the contractor and too many change orders by the owner are the leading causes of construction delay. Severe weather conditions and changes in government regulations and laws ranked among the least important causes.     

委托—代理视角下业主与PMC承包商风险分摊模型

PMC承包商与业主之间的合同一般采用成本加激励酬金合同,合同金额由成本、酬金、与风险有关的奖励/惩罚等3部分组成,其中,酬金和奖惩费用与风险密切相关。从经济学的委托—代理角度出发,分析了业主与PMC承包商的风险选择和行为,研究了业主与PMC承包商在信息对称和不对称条件下的风险分摊率,构建了业主与PMC承包商风险分摊应用模型,从激励机制、监理、PMC承包商融资、市场监督机制等4个方面分析如何使业主降低风险分摊和获得更多的项目节余。基于风险分摊率确定合理的激励强度,为签订合同激励机制提供依据,也为双方作为利益共同体为完成项目各自承担相应的风险提出建议。     

Client versus contractor perspectives on project success criteria

There are case studies that suggest an obstacle to effective client–contractor working relationships is a failure to agree on measures of success and a failure by the client to consider the needs of stakeholders, though there has been little systematic research in this area. The aim of this paper is to report the findings of an empirical study that compares the measures of success emphasised as important by client and contractor organisations and the extent to which differences of emphasis is translated into project management practice. The results show that contractors put more emphasis on minimizing project cost and duration, whilst clients put more emphasis on satisfying the needs of other stakeholders. However, in their project management practice clients show no stronger focus on meeting stakeholder needs than contractor organisations. Implications of these results are discussed in the context of possible barriers to effective client–contractor working relationships.