Real Ccheatheat Sheet

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    Legal

    ngineering News Record (ENR) : Heavy & highway, nonresidential building

    building+ind.const.), multiunit housing. Res. Build. Cons. Single-family homes, multi-unit

    ownhouses, apartments, condo. Non-res. Build. Cons. Sch. U, hosp, warehouses,

    heaters. Ind. Cons. Petroleum refineries, steel mills, heavy manufacturing plants. Heavy

    ng. Cons. dams, tunnels, bridges, highways, pipelines. 10 Major Infra. Pro. In HK->Local

    ailway & Highway (South Island MTR Line, Sha Tin to Central Rail Link, Tuen Mun

    Western Bypass), Cross-Border Development (Guangzhou-Shenzhen-HK Express Rail Link,

    K-Zhuhai-Macau Bridge, Chek Lap Kok to Shenzhen Airport Rail Link, HK-Shenzhen Joint

    evelopment of Lok Ma Chau), Regional Development (West Kowloon Cultural District,

    ai Tak Development, New Te rritories Northwest Development).Manufacturing-

    automobile, TV,phones; same products are manufactured multiple times; designed &

    roduced without designated buyers; manufacturers make own decisions for design &

    roduction, prior to sale; advertising to attract buyers; at risk of failing to recover $ as

    roducts remain unsold (x market)/ sold at $ lower than cost;$=direct design/man.

    osts(labor, materials)+indirect cost(marketing)+Gen.& Administrative+profit; man. Risk:

    market demand & $, buyers risk: product operates as advertised? Sales networks: to

    di(mail, web), to wholesalers(bulk) & to retailers.; single item is made n times; mass

    roduction, batch production. Payment is made when unit is purchased. Construction-

    one of a kind nature with unique products; purchase process begins with a client who

    eeds a facility; client (buyer) is known be4 const. starts, designers defines scope of

    ork& details of pro., contractor builds product, start when agreement is reached among

    articipants; high risk of failure to complete pro. In functional/timely manner; large no. of

    akeholders & issues that must be dealt with prior to pro. Completion lead to complex

    vel of risk for participants; commitment to purchase facility starts after preliminary

    esign. Cons. Tech.->methods & tech. to place phy. Materials & elements of cons. at job

    te; evaluation & selection of methods & techn. Cons. management->Resources

    M1T:Manpower, machines, materials, money, time);technical: design of formwork,

    apacities of excavators;qualitative:motivation of workers, form of contracts, safety on

    b site, legal liability. CM optimally apply resources to realize a constructed facility of

    cceptable quality, on time & within budget. (quality, time, $); Key Roles: owner-client,

    esigner/design professional-consultant, constructor/builder-Contractor; subcontractors,

    material vendors, regulatory bodies, fabricators, special interest groups

    ro development cycle: need established>conceptual design> approval of conceptual

    esign>preliminary & final design>bid package complete>decision to release for bid>

    dvertise notice to bidders>bid period & receipts of proposals>select contractor>notice

    o proceed>construction period>inspection & acceptance of pro. Cons. Pro.

    evelopment(Owners view)->(Need for facility>initial feasibility & cost

    rojections>decision to proceed with conceptual design, scope of work, approximate

    stimate of cost>decision to proceed with final design doc. that define pro. for

    ons.>advertising pro.& request for proposals>>constructor selection & notice to

    onstructor to proceed with work, based on proposal (formation of a

    ontract)>construction>facility testing(as designed & planned)>operation & maintenance

    f facility over specified service life>facility is disposed/maintained for life). Private

    ommercial entities: Pro. Profitability $->economic basis based on market studies

    rojecting demand for facility; considerations: facility size, site location, availability of

    bor & supporting resources(energy, water, shipping connections) are investigated ineasibility study report & supporting cost analyses.; structure of feasibility study is

    ctated by requirements of financial institutions who lend $ for facility development;

    easibility info & supporting $ analyses are submitted to board of directors. Public &

    ommunity-service-related pro. (not involve profit )->highways, tunnels, dams,

    museums; public entities (government) are continuously reviewing societal needs; need

    easibility study & cost analyses. Pro. Feasibility study:Is it possible to build (Land,

    echnology, construction, finance, public/social/authoritys responses); worthwhile to

    uild? (pro. Justification); project useful? (benefits/reward/revenue) Issue add. in

    easibility study: layout/alignment; land; design approach; const. method; materials;

    orkmanship; maintenance requirements; consultation; programme;

    stimates(cost/cash flow) >>> carry out site investigation, design info, data collection,

    orking drawings, estimates, programs, consultation & contract doc. Conceptual pro.

    tage(be4 preliminary design): prepare graphical representation of pro & a layout

    agram, cost/benefit analysis, cost estimate based on conceptual-level info; present to

    otential funding sources (banks & investors). Cost/Benefit analysis: commercial/profit-

    ased>comparison of estimated cost against projected revenues to be generated; benefit

    or public/non-profit based>tangible (electricity generated) & intangible (flooding

    revention & lake for recreation), gov. authorities establish protocols for converting

    tangible aspects into eco. Benefits; Evaluate intangible is judgement call & sub. to

    eview & criticism. Impact Assessment Studies: by engineer, need detail study, (DIA, SIA,

    A, TIA, CTIA), identify potential impacts, give mitigation solutions & implementation &

    monitoring. Cost Estimates: based on conc. drawing & other design info(floor space, roof

    rea); approved pro may not be built for years>project cost to future const. date, cost

    dexes, use Building Works Tender Price Index ( BWTPI)to adjust building cost for

    stimating, x reflect level of tender prices for build services work. Preliminary design:

    0% completion, extension of concept docs; design team leader coordinates design

    rofessionals; architect-floor plan& general layout, build. cladding & interior/exterior

    nish; civil/structural engineer: structural frame, subsurface foundation support;

    mechanical engineer: heating, ventilating & air conditioning (HVAC), service water

    ystems (pumps). Detail design: completion in plans & specifications for bidding; produce

    ost estimate at 3% accuracy; owners cost estimate as benchmark to ensure design is

    ithin owners financial resources & evaluate bids submitted; owner may reject bids,

    ithdraw pro for redesign/consideration if bids>>estimate. Bid package: doc available to

    ontractor for him to make decision to bid with notice to bidders; general conditions,

    pecial conditions, Technical specs, plans & drawings, proposal form; basis for determine

    d $ & influence willingness of bidders to bid a contract. Proposal form: offer, x formal

    ontract, indicates contractors intent to enter into contract to complete specified work

    t specified $; contains project duration (may in SCC) & start date; award contract based

    n this, contractual r/ship forms; award of contract is sent by Notice to Proceed->legally

    nding contractual r/ship. Lump sum: the amount of money the client is willing to pay for

    ertain construction item; Unit price: the price of every unit of material/construction

    rice of a particular item. GCC: standard set of stipulations that applies to all contracts

    n how a contract is to be administered & r/ships between parties established. Rights,

    rivileges & responsibilities that accrue to primary contractual parties are defined;

    ections pertaining to owner, A/E, contractor, subcontractor; different provisions has

    wn legal implications; wording establishes a fair & equitable balance of protection of all

    arties concerned, shall not be changed without careful consideration. SCC: unique toven pro (pro duration, additional instructions of commencement of work, owner-

    rocured materials, mandatory wages of local area, project progress reporting format,

    mount of liquidated damages; modifications to basic articles of GC in form of +,

    eletions/substitutions; additional articles of a contractual-legal nature that

    esirable/necessary for a particular pro; paragraph titles may be similar to those in GC.

    ans & drawings: schedule & graph presentation of pro. Tech. Specifications: textual,

    ritten description of tech. requirements of pro. Legally precise pic of tech aspects of

    ork to be performed; pertain in l arge part to establishment of quality levels, standards

    f workmanship, material standards are defined; specific brand name/model numberis

    ted as desired for installation; quality referred to accepted practice/quality specification

    ACI, ASTM AWS); organization follows sequence of construction. Addenda: change in

    etail, +, correction & contract conditions before bids are opened that are intended to

    ecome part of bid package (incorporated into it). Change orders: future changes in

    cope/details of contract. Once contract is signed, future changes in scope/details of

    ontract may form basis for a new financial r/ship between contracting parties. Notice to

    idders (NTB): owner advertises pro to capable contractors to achieve lowest bid $; doc

    nnouncing to prospective bidders that design doc are available for consideration & that

    wner is ready to receive bids; contains project type & size, availability of plans & spec for

    eview, place date time of bid opening; methods to know: A/E firms have mailing list

    qualified bidders), a builders exchange may operate to serve contracting community &

    eep it appraised of status of design & bid activities by operating plans rooms &

    ublishing newsletters, nationwide(web-based) services; includes: general type, size,

    ans and specifications, time, place date of bid opening

    Decision to bid: major financial decision to contractor; needs contractors commitment of

    man-hours for development of estimate costs & resource requirements; predictions are

    made based on past exp & ability to sense potential trouble spots that affect field costs;

    quantity takeoff/surveying: process of determining required material quantities on a job;

    most failure-incorrect & unrealistic estimating & bidding practices; cost of time & effort

    to develop a total bid price & submit proposal is recover when receives contract;

    estimating $ is 0.25% of total bid price. Prequalification: interested contractors need

    submit doc that establish firms expertise & capability in accomplishing similar types of

    construction;win-win: contractor x prepare bid & x incur cost unless he can qualify;

    owner x find himself in position of being under pressure to accept a low bid from an

    incompetent firm. Subcontractor & Vendor Quotations/Contracts: solicits specialty areas

    (electrical work, interior finish, roofing) & material $ from subcontractors; Quotations via

    phone/email; integrate quotations into total bid $; electronically transmitted doc &

    signed quotations eliminate misunderstandings & prevent suppliers/subcont from change

    quoted $. Construction bonds: role in surety bonds(principal: who may default, obligee:

    who may be damaged/loss some advantage,surety: who offset damage/loss of

    advantage,beneficiary); guarantee-surety guarantees contractor (principal) will p erform

    obligation stated in bond. Bid bond: owner requires a bid security to offset damage due

    to contractors default (failure) to start pro as directed; damage = difference bet winners

    $ & next low bid; responsibility of surety is indemnified (covered) by principal; if principal

    unable to pay, surety cover it; as alternative, owner may accept a cashiers check in

    specified amount, if contractor fails to enter contract, he forfeits his check; penal sum

    (coverage, liability): gov construction contracts: 20% of bid $, private const agencies:5-

    10%. Performance bond: issued to contractor to guarantee owner that contract work wil

    be completed & comply with pro spec. Payment bond: protect owner against any

    liens/charges against pro that are unpaid due to contractors default. Surety may elect to

    negotiate short-term financing for contractor (current liquidity problems); Surety may

    grant loans/help contractor obtain additional loans; list of troubleshooters, negotiation

    with 2nd

    contractor to complete; issed for premium (0.5-3%), increases with penal sum of

    bond; The Miller Act, 1935: performance bond 100% of contract amount; payment bond:

    50% if contract is %1,000,00/less, 40% if $1,000,000 - $5,000,000;max of $2,500,000 if

    contract > $5,000,000; Surety keep informed of contractors performance & with its

    changing business & financial status, through contractors reports on costs, payments, &

    disputes. Net quick assets (cash on hand, demand deposits, accounts receivable):

    contractors assets available to surety in case of default. Bonding capacity: multiple of

    net quick assets; new: 5/6, old & reliable, 40/>

    Issuance of NTB opens bidding period; Bid opening marks formal end of bidding period;

    pro duration measured from notice to proceed; late submission is disqualified; prior to

    bid opening, contractors can withdraw bid without penalty. Acceptance period: No

    submitted bid may be withdrawn; owner must send written notice of award, if no,

    contractors can withdraw/adjust bids after period; bid security protects owner from

    failure by contractor to enter into formal construction agreement; contractor is protected

    by acceptance period, if not owner could hold bids for un specified period, affecting

    financing/approximation for pro; specified in NTB. NTP: completes contractual r/shipfrom legal viewpoint; site is free of encumbrances & contractor can enter site; reference

    date for pro start & damage calculation. Letter of Intent: indicate selection & acceptance

    of proposal, when encumbrances exist on site & owner x issue NTP to authorize

    contractor to enter site; establish owners intent to enter into contracts as soon as

    barriers have been removed. Contract Agreement: single doc that binds contractual

    parties, & by reference describes work to be performed in legal sense; includes drawings,

    general conditions, supplementary conditions, technical spec, addenda; standard forms

    of contract agreement are available from various professional organizations. Change

    orders: any alteration of contract doc constitutes alteration of contract; modifications to

    original doc; legal arrangement; unit price has flexibility; lump sum contract has no

    leeway for change/interpretation; procedures to implement are specified in GCC; ~mini

    contracts, implementation similar to bid cycle, just x competition; formal communication

    of change in scope & supporting technical doc should be sent to contractor; contractor

    respond with price quotation (offer), owner can accept offer/attempt to negotiate (make

    counteroffer); contractor is justified in increasing $ to recover costs; poorly scoped &

    prepared, project turn into change orders-> cause adverse r/ships, increase costs & const

    duration. Change conditions: engineering designs are based on site conditions as

    perceived by A/E; conditions of structural, mechanical & electrical items above ground

    are constant & easily determined; subsurface & topographical portions are difficult to

    predict; ability of below grade area to support weight is established by a gird of test piles;

    info from subsurface investigation is contractors basis to estimate excavation&

    foundation work, to claim a changed condition; some condition (underground river,

    depth of rock layer) may not be detected during design; failure to reflect conditions cause

    contractor to claim changed conditions for + costs; owner accept change order; decline,

    solve through litigation/arbitration. Rework:installed work x comply/meet required spec;

    major sources of unplanned cost growth on const pro; Const Ind Institute (CII), reduce

    field work, save 10% cost;not caused solely by cons site activities; preventimprove

    effectiveness of early project phases, helped by computer-based tools . Suspension,

    delay/interruption (SDI): GCC-Contracting officer may order Contractor in writing to SDI

    all/any part of work such period of time as he may determine to be appropriate for

    convenience of owner; costly to contractor: demobilization-remobilization, inflated labor

    & materials;compensation provision: an adjustment shall be made for any increase in

    cost of performance of this contract necessarily caused by such unreasonable SDI &

    contract modified in writing accordingly; amount of adjustment by owner is contested by

    contractor & lead to possible l engthy litigation. Time Extensions: pro duration can be

    specified in working/calendar days; procedures set in GCC; claims based on delays caused

    by owner, owners agents/acts of Gods design errors, design changes & worksite

    hindrance-owner-assignable delays, weather delays-act of God type delay; avg percent of

    time extension granted on typical gov pro. Liquidated damage: assessed when

    contractor exceeds pro duration(ori duration+time extensions); actual: from NTP to

    complete; Date of Substantial Completion of Work/designated portion thereof is Date

    certified by owners representative when const is sufficiently complete, in accordance

    with Contract Doc, so Owner can occupy/utilize Work/designed portion thereof for use

    for which it is intended; Completion date-beneficial occupancy date (BOD); complete on

    time? Tied to Utilization/occupancy date; unavailability-lost (rental) revenues, cost of

    administration & supervision of contract; amount charged is given is SCC, x arbitrary &

    reflector actual damage incurred; Unreasonably high charge, owner x justify, court mayrule charge is penalty charge for overrun->penalty-bonus clausesapply, owner must offer

    bonus in equal amount for every day brings pro early. Progress payment: contractor is

    reimbursed on periodic basis; at end of month, owners representative & contractor

    estimate work performed during month; amount by owner to cover contractors

    expenditures & fee for work. Retainage: retain portion of $, incentive to properly

    complete pro; if pro is close to completion, receive all bid price, x motivated to do

    closing-out tasks; provision: in making progress payments, there shall be retained 10% of

    estimated amount until final completion & acceptance of work; owner may decide to

    drop retainage requirement if work is progressing satisfactorily at 50% completion point.

    Progress reporting: contractors required to submit a schedule of activity & pe riodically

    update schedule reflecting actual progress stated in GCC;S-curves/bar charts: based on

    indi activities, $ completion og work categoris (concrete, structural, electrical &

    mechanical work); basis for progress payments, ensure satisfactory progress by

    contractor. Final acceptance: joint inspection on part of owners representative

    (pro/resident eng) & contractor, scheduled on mutually acceptable date; notes

    deficiencies-punch list-basis for accepting work as final, releasing final payment

    (+retainage) to contractor. Value management: cost-what an item is; value: what an item

    does; done during design phase & construction phase; functional analysis: producing low-

    cost products w/out reducing quality; contractor is more + than designers of field

    conditions &const. methods; prepare value engineering change proposal (VECP)-improve

    design, reduce cost, maintain/improve functionality; incentive clause allows contractor to

    share net savings. Stages of VM: information, analytical, creative, judgment,

    development phase; multi-criteria evaluation: cost, aesthetics, performance safety;

    weighted system for final analysis.

    Contract: agreement btw 2/> parties, a promise for breach of which law

    recognizes duty, legally enforceable.R/ships: owner-contractor/design

    professional; contractor-subcontractor/surety; (sub)contractor-

    workers/suppliers.Pro delivery method: comprehensive process of assigning

    contractual responsibilities for designing & constructing a pro; address 2 critical

    issue: responsibility to owner for pro design & construction tie to single/multiple

    entities? Criteria for award based on lowest cost/other?; type: DBB, DB, CM

    contract;competitively bid, negotiated contract.DB contract: turn-key

    contract, DB contractor-design builder/ EPC(engineer, procure, construct)

    contractor; advantageous from clients view point to have single contractor

    provide entire pro as a single contract package; design & construction can be

    done concurrently; coordination btw design & construction is enhanced: low life

    cycle cost, efficient construction process, constructability/maintainability; large

    & complex projects for firms with large design & construction capabilities.DB in

    Consortium Format: builders with x in0hse design capability can form

    consortium; each member at risk & motivated to work with other to minimize

    delays & disputes; give owner a final lump-sum $ at end of preliminary design

    phase(30-40% of design); reducing need for contingency as final $ is locked in;

    competition-major factor, non-selected consortia incur losses.CM Contract:

    owner contracts separately, but simultaneously, with A/E & with a firm whose

    primary expertise is construction (CM); CM is hired during design phase, work

    directly with A/E & avoid potential design issues before completion of

    construction doc.Agency CM(CMa): agent of, advisor to owner; owner has trade

    contracts with multiple trade contractors & suppliers, CM receives fee for

    service basis, manages, supervises & c oordinates trade contracts on behalf of

    owner in best interests of owner; construction coordinator & assists in obtaining

    bids & managing construction; links owner, contractor & A/E; provides single

    point of coordination to owners; contracts btw design & construction firms are

    signed by owner. CM At-Risk: coordinates pro, assumeresponsibility for

    construction phase (like construction contractor in DBB); sign all contracts

    related to construction phase of work, take direct responsibility for construction

    means & methods; design & other pre-construction contracts signed by/remain

    with owner; hired during design phase to act as pro coordinator & general

    contractor (CM/GC); Construction Management as Constructor (CMc) contract.

    Fast track construction: stages of design & construction overlap, shortening

    time need ed to complete pro; allowed in DB & CM contracts. Competitively Bid

    Contracts: NTB-advertise, invite quote for work, award to lowest $ & responsible

    bidder; contractor qualifications reviewed in $-ascending order: technical

    competence & experience, current financial position, bonding capacity, current

    amount of work under way, past history of calims litigation, defaults on previous

    contracts; advan: ensures lowest responsible $, essential for public work to

    ensure all bidders are treated equally; disadvan: change orders tend to offset

    competitive advan, purposely low bid(0/- profit), plans & spec 100% completed

    prior bid advertisement; long pro duration (x parallel).Lump-Sum Contracts:

    quotes one price for work & services; direct c osts: labor, materials, machines;

    indirect costs: field/front office supervision, equipment, maintenance costs;

    profit: 10, 15%, suitable for building construction, x for earthwork; advan:

    guarantee $ for work specified, owner w/out worrying abt contingency, reduced

    work of field measurement for c ontractor; disadvan: lack flexibility to change

    design/modify contract, any deviation to ori plan must handled as change order,

    potential litigation, adversary contractual r/ships.Unit-price contracts:

    payments based on precise measurement of field quantities, work is broken

    down into work items c haracterized by units; larger quantities allow ec onomies

    of scale; flexibility for variations in amount of work; price renegotiation if actual

    field quantity deviates from guide quantity; advan: flexibility in accommodating

    in variation in field quantities, precision of quantity takeoff need not be as exact

    as lump-sum contract, reduce no. of change orders, used in heavy & highway

    contracts (earthwork, foundation work); disadvan: owner x precise final $,

    contingency allowances must bemade.

    Management organization: areas & levels of responsibility of members of firm;

    communication of members. Legal organization: influencing/dictating governinglaws & taxes; liability distribution if firm fails; ability to raise capital.

    Organizational:legal & business structure, functional areas of management,

    interaction btw head office & field managers.Pro level: pro breakdown; time,

    cost, quality control of pro. Process & operation: construction tech & processes;

    at field lvl. Task: identification & assignment of work to field units & work crews.

    Proprietorship: simplest form; indi retains ownership & sole control of firm; all

    revenue to firm is personal cash revenue to proprietor; all losses/expenses

    incurred are personal expenses to proprietor; taxed as indi, x separate taxation

    of firm; Before-tax Profit=Revenue/Income-Cost/Expenses; Tax=(Before-tax

    Profit-Deductions)x(Tax Rate); credit that firm can obtain & its ability to

    generate new capital are limited by personal assets; x limitation of liability, x

    suitable for high-risk business; bankruptcy of firm is personal bankruptcy; life

    corresponds to owner, die, proprietorship ceases to exist; assets divided among

    heirs to proprietors estate. Partnership: 2/> ppl start a firm together; division of

    ownership based on monetary/ non-monetary assets, specified in Charter of

    Ownership, equal ownership if based on verbal mutual agreement only; to

    division risk & pool resources; partners share profits & losses according to their

    degree of ownership; x limitation of liability, directly transmitted to partners; 1

    partner may carry more liability as liability of each is not limited. Limited

    partnership: carry a limited liability, liable only to his investments; x voice in

    management of firm; allow general partners to attract capitals resources to firm;more difficult to establish; contribution made by limited partner must be

    tangible (cash, shares of stock, x patent, x copyright); partnership is terminated

    if 1 partner dies; agreement can be made for continuation; general partners

    actively involved in management may decide to pay themselves a salary

    (taxable), action of 1partner is binding on all partners; marriageCorporation:

    company is a separate legal entity; initial issuance of shares of stock to establish

    level of ownership of initial stockholders; protection of stockholders personal

    assets; most complicated: lawyer to prepare legal doc, fees to cover actions by

    chartering body, printed stock, formal meetings by principals; advan: limitation

    of liability-good for businesses with high risks, only assets belonging to it are

    subject to claims settlement & losses; get capital by sell stock instead of borrow

    $, not subject to repayment/not a liability on balance sheet, corporations

    continuity is independent of stockholders, unless firm is bankrupt/ corporate

    charter lapses/all stockholders agree to dissolve;disadvan: reduced lvl of control

    in management decision making, larger company more decentralized ownership,

    difficult to reach agreement of all stockholders; certain restrictions when

    operating outside of its place of incorporation-foreign corporation, legal

    restrictions; double taxation- same profit that is taxed within corporation is

    taxed again when it is distributed to stockholders as a dividend