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Write an e-mail to Tom “putting him wise” as to the architect’s powers during the visit and how he should respond to any instructions he is given by the Architect/Clerk of Works.

Activity 1:

The Scenario: 

You are a site agent of a medium sized building contractor employed on site on a project being run under JCT2011 SBC/Q/Scot.

This afternoon you must attend an urgent meeting to be held at Head Office. Unfortunately the Architect is also going to visit the site this afternoon. Your experienced General Foreman is off work through illness so you have no alternative but to ask young Tom your foreman Joiner to accompany the Architect on this visit.

Tom is bright but inexperienced in contract matters and is at this moment collecting material from a Builder’s Merchant. He can’t be contacted by mobile phone and the Merchant is unable to pass on a message. You will have left site by the time he returns.

The Task:

Write an e-mail to Tom “putting him wise” as to the architect’s powers during the visit and how he should respond to any instructions he is given by the Architect/Clerk of Works.

Activity 2: Research

Standard Forms of Contract are presently under criticism by some for being too inflexible to meet modern requirements. Compare and contrast the respective positions of the SBCC 2011 Standard Building Contract with Quantities for use in Scotland and the NEC3 Engineering and Construction Contract with regard to ‘Flexibility’.

Present your findings in a Discussion Paper.

Activity 3: Standard Clauses

The relationship of Clause 2.26 and 4.23 of SBC/Q/Scot commonly causes misunderstanding between the parties to the contract. Discuss the relationship of the Adjustment of Completion Date and the recovery of Loss and Expense, including the procedural matters affecting both.               

Activity 4:

One of the main reasons for the introduction of the ‘Private Finance Initiative’ (PFI) as a procurement route for publicly procured works was to improve value for the taxpayer by allowing the construction of projects without the need for an initial capital budget by the public sector client.

Outline how the PFI procurement route works and describe how the PFI procurement route differs from more traditional procurement methods.  Explain why this approach has fallen out of favour with a number of organisations who used this procurement route to provide their services to the public and describe the main features of ‘PF2’ and the problems that initiative seeks to address.    

Activity 5:

The Scenario 

The spiralling costs and delays in constructing the new Tram system in Edinburgh has resulted in controversy.

Since the putting in place of an appropriate set of Contractual Arrangements is key to the success of any construction project you are asked to consider the process of procuring the tram system.

The Task:

a) You are asked to research, via the www and media reports, the issues surrounding the Edinburgh tram project. Conduct an examination of the factors which have affected progress and which have contributed to the over-spend and prepare a critical appraisal of what you have identified as having been the cause of the delay and overspend. All sources cited to be fully referenced in the Harvard style.

(10 Marks)

Provide a commentary on where the blame lies as to the failure to deliver the tram project ‘on time and within budget’ and make recommendations on how to prevent such an occurrence in future.                                                                                                                                                                                                   

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