We've sort of had discussions around this before, but in an ideal world wouldn't it be great if the following occurred.....
1. On a Monday, at the start of a job, we had the most brilliant Works Information and Accepted Programme (I saw you roll your eyes then..!). We were in a position to therefore manage the job for once and not just administer it.
2. During the day there were a couple of early warnings notified, a bit of a Contractor delay discovered and 2 compensation events popped up.
3. On Tuesday the [change management team] (basically add whatever name you want here) worked through the 5 things that arose on the Monday such that first thing Wednesday we had made a few changes to the Works Information, the Completion Date happened to stay the same, the Prices (let's assume it's an ECC Option C target contract) moved up a bit, we had a new Accepted Programme and the forecast Defined Cost slightly changed.
4. Repeat 2&3 for the next 6 months/year/whatever the duration of the job. The point being, we had some dedicated resource to work through the entire effects of the day before and conclude them all that day ready to pick up today's stuff tomorrow. Make sense?!
So,
a. do people do this (or have done, I'm not just talking about CEs)?
b. is this realistic?
c. do people want this?
d. what might this cost be and would this be cheaper than the way we do it now?
Answers on a postcard please.....
For dedicated resource I was thinking that Employer/Contractor pooled very capable people (planner, estimator, designer, QS, buyer and so on) and somehow split the costs. Possibly not even full time commitment, at least to start off. We're away from man marking here and we're into a real time process of dealing with risk and opportunity.
Insane end of the week head in a bucket of sand stuff, or something that would turn the industry on its head in terms of how we actually address risk and opportunity on a real time basis?
Friday, 25 April 2014
Don't restrict the use of early warnings.....
I've recently read an opinion that the 4 bulleted instances stated in clause 16.1 of the ECC are the only occasions the Project Manager/Contractor could notify an early warning. I don't think the contract says that at all.
For a start, the Contractor may notify any other matter which could increase his total cost (see clause 16.1), but even this is too narrow in its thinking. Regard the 4 bullets as the minimum instances an early warning must be given (this is in fact an obligation on PM/Contractor) therefore there is no maximum scenario in practice. The ECC does not say 'in these instances only' or 'do not otherwise notify' or anything like that. So why not think about notifying opportunities through the early warning process as well as the bad things..."Here's something we may be able to exploit, let's have a risk reduction meeting to discuss...."
We should use the early warning process for good and bad matters; we should of course notify the matters we must notify but make sound judgement on those we therefore may wish to notify if we believe such are worth of our time.
For a start, the Contractor may notify any other matter which could increase his total cost (see clause 16.1), but even this is too narrow in its thinking. Regard the 4 bullets as the minimum instances an early warning must be given (this is in fact an obligation on PM/Contractor) therefore there is no maximum scenario in practice. The ECC does not say 'in these instances only' or 'do not otherwise notify' or anything like that. So why not think about notifying opportunities through the early warning process as well as the bad things..."Here's something we may be able to exploit, let's have a risk reduction meeting to discuss...."
We should use the early warning process for good and bad matters; we should of course notify the matters we must notify but make sound judgement on those we therefore may wish to notify if we believe such are worth of our time.
Tuesday, 8 April 2014
Student NEC dissertation
Dear all,
Another student's questionnaire for you to complete at lunchtime if that's ok! In his own words....
"I am currently completing my MSc via Leeds Met the final part of which is my dissertation. I am going to do it on NEC3 and in particular bespoke Z Clauses. I have prepared a questionnaire which I am struggling to get responses to. Would you mind having a look at it and possibly completing it. Also if there is anyone you know suitable to complete it please forward it on. All in all it should make a good piece of research particularly as I feel Z clauses do not help or improve NEC3 in many instances."
Thanks in advance,
Rob
https://www.surveymonkey.com/s/TTG2YPR
Another student's questionnaire for you to complete at lunchtime if that's ok! In his own words....
"I am currently completing my MSc via Leeds Met the final part of which is my dissertation. I am going to do it on NEC3 and in particular bespoke Z Clauses. I have prepared a questionnaire which I am struggling to get responses to. Would you mind having a look at it and possibly completing it. Also if there is anyone you know suitable to complete it please forward it on. All in all it should make a good piece of research particularly as I feel Z clauses do not help or improve NEC3 in many instances."
Thanks in advance,
Rob
https://www.surveymonkey.com/s/TTG2YPR
Thursday, 13 March 2014
Student NEC research
Dear all,
Another student would like 5 minutes of your time, but please act quickly. In his own words.....
"I am currently studying a degree in Quantity surveying part-time at Northumbria University. As part of my final year I am currently undertaking a research project in the form of a dissertation. I am looking to examine whether, through its use on projects, it is felt the NEC3 suite of contracts can better help deliver over other traditional forms of contract on defined objectives of; time certainty, cost certainty, quality, partnering and value for money.
I am particularly looking at the contracts use on Public Sector Works within the UK, where secondary data research has highlighted these over-arching objectives should be on the agenda of all project teams working within the public domain.
As highlighted above the research is looking at UK Public Sector works only but respondents are welcome from all users of the NEC3 whom have engaged with or work within the Public Sector in delivering Construction, Engineering, Health and Energy, Oil & Gas projects.
An online survey has been design to collect data, the link to which is included with this correspondence. I would be very grateful if you could share a link to my online survey on the NEC3 User Group forum as it would allow me to expand my data collection from its current limit of the North East of England.
The questionnaire should take approximately 5 minutes comprising of 10 questions involving single choice, multiple choice and matrix questions only. The questionnaire will close for responses at 18:00hrs on Monday the 17th of March, 2014.
In responding to the questionnaire, participants are agreeing that you have been informed of the purposes of this research and that your responses may be used for the purposes of this research only.
All responses will be held anonymously and in confidence.
I very much hope that you will give the time to assist in my research and would like to thank you in advance for sharing your experience in this area.
Thank you for taking the time to read this and for your consideration on the matter."
Thanks,
Rob
https://www.surveymonkey.com/s/VYVJ2JC
Another student would like 5 minutes of your time, but please act quickly. In his own words.....
"I am currently studying a degree in Quantity surveying part-time at Northumbria University. As part of my final year I am currently undertaking a research project in the form of a dissertation. I am looking to examine whether, through its use on projects, it is felt the NEC3 suite of contracts can better help deliver over other traditional forms of contract on defined objectives of; time certainty, cost certainty, quality, partnering and value for money.
I am particularly looking at the contracts use on Public Sector Works within the UK, where secondary data research has highlighted these over-arching objectives should be on the agenda of all project teams working within the public domain.
As highlighted above the research is looking at UK Public Sector works only but respondents are welcome from all users of the NEC3 whom have engaged with or work within the Public Sector in delivering Construction, Engineering, Health and Energy, Oil & Gas projects.
An online survey has been design to collect data, the link to which is included with this correspondence. I would be very grateful if you could share a link to my online survey on the NEC3 User Group forum as it would allow me to expand my data collection from its current limit of the North East of England.
The questionnaire should take approximately 5 minutes comprising of 10 questions involving single choice, multiple choice and matrix questions only. The questionnaire will close for responses at 18:00hrs on Monday the 17th of March, 2014.
In responding to the questionnaire, participants are agreeing that you have been informed of the purposes of this research and that your responses may be used for the purposes of this research only.
All responses will be held anonymously and in confidence.
I very much hope that you will give the time to assist in my research and would like to thank you in advance for sharing your experience in this area.
Thank you for taking the time to read this and for your consideration on the matter."
Thanks,
Rob
https://www.surveymonkey.com/s/VYVJ2JC
Thursday, 13 February 2014
Call for Papers 2015 - International perspectives on construction contracts
Dear all,
The journal Management, Procurement and Law are looking for papers as per the title above. Have a look and maybe you've a paper in you somewhere...!
Rob
www.icevirtuallibrary.com/upload/journals/MPLcontract.pdf
The journal Management, Procurement and Law are looking for papers as per the title above. Have a look and maybe you've a paper in you somewhere...!
Rob
www.icevirtuallibrary.com/upload/journals/MPLcontract.pdf
Thursday, 6 February 2014
Student research on NEC3
Dear all,
A student is working on a dissertation entitled ‘Is The Philosophy of the NEC3 Form of Contract That of a Truly Collaborative Contract’.
The basis of his review on this subject is:
1. To evaluate and analyse the strategic, high-level procurement objectives of the UK Government;
2. Review 3 key reports into the state of construction (Rethinking Construction, Constructing the Team and Never Waste a Good Crisis);
3. Undertake primary data gathering research via a survey of people on NEC3 projects;
4. Identify whether the widely endorsed NEC3 contract is truly a collaborative contract.
In an effort to garner the true opinions of individuals with experience on projects where the NEC3 contract is or has been in use (item 3 above), he has pulled together a quick online survey (link below), which he would be very grateful if you could distribute kindly complete. This will form an integral part of his data from which he will attempt to draw conclusions and recommendations. All responses are completely anonymous and so all responses to the survey should be as honest and open as possible in order for an accurate analysis to be carried out. There are a total of 32 questions, 6 of which are optional text based responses, and the survey itself should hopefully take no more than 5 minutes to complete.
Thank you in advance for your assistance, the survey will remain open for 3 weeks.
Rob
http://freeonlinesurveys.com/s.asp?sid=onl1yyh87xceprb407231
A student is working on a dissertation entitled ‘Is The Philosophy of the NEC3 Form of Contract That of a Truly Collaborative Contract’.
The basis of his review on this subject is:
1. To evaluate and analyse the strategic, high-level procurement objectives of the UK Government;
2. Review 3 key reports into the state of construction (Rethinking Construction, Constructing the Team and Never Waste a Good Crisis);
3. Undertake primary data gathering research via a survey of people on NEC3 projects;
4. Identify whether the widely endorsed NEC3 contract is truly a collaborative contract.
In an effort to garner the true opinions of individuals with experience on projects where the NEC3 contract is or has been in use (item 3 above), he has pulled together a quick online survey (link below), which he would be very grateful if you could distribute kindly complete. This will form an integral part of his data from which he will attempt to draw conclusions and recommendations. All responses are completely anonymous and so all responses to the survey should be as honest and open as possible in order for an accurate analysis to be carried out. There are a total of 32 questions, 6 of which are optional text based responses, and the survey itself should hopefully take no more than 5 minutes to complete.
Thank you in advance for your assistance, the survey will remain open for 3 weeks.
Rob
http://freeonlinesurveys.com/s.asp?sid=onl1yyh87xceprb407231
Wednesday, 13 November 2013
Competent NEC3 ECC Project Manager (PM) Part III
It's been a while since we looked at this subject. It seems to be a topical question at the most but what sorts of traits/competencies should such a person have? Lots, that I can see, but a few to be thinking about are that the PM.....
- positively challenges Contractor submissions such as design/programme/cost. I'm not saying challenge for the heck of it, but being mindful of what it is the client actually is looking to procure....could there be a better way/solution that that designed by the Contractor? Does the programme look realistically achievable? Is the forecast Defined Cost realistic? Could WE do something different/better to create a more efficient outcome?
- makes sure that the PM and any of the PM delegates respond to communications in a timely manner. Late replies = compensation events! The ECC sets out precisely what is meant by timely, giving maximum periods of time for each communication. So knock spots off the time periods you have and use a QMS that is a help to logging/recording such communications, in and out.
- has one eye on the Employer - has the Employer done what he promises in the contract he will do eg payment within x weeks, free issue supply planned for y, etc?
- has another eye on the Contractor - has/is the Contractor doing exactly as he promised he would do in accordance with the contract?
- doesn't just become a proficient and competent PM overnight. It takes time, support and acknowledgement of role. An individual will have to invest into becoming that competent PM - maybe studies beyond their first degree, perhaps receives further training (see eg the new 4-day accredited PM training course), has a prolific working knowledge of the ECC, has complimentary soft skills, is perhaps mentored by their employing company if they are developing into that role, encourages, supports, offers others the opportunity to develop, and so on.
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