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THIS PAPER MUST BE ATTACHED TO YOURSCRIPT AT THE END OF THIS
EXAM
SCHOOL OF THE BUILT ENVIRONMENT
D31PZ1 Contracts and ProcurementD31PX1 Contracts and Procurement
(DUBAI)
Semester 1 - 2008/09
Date: Wednesday 17 December 2008 Time: 13:30 -15:30 (UK)16:30
-18:30 (Dubai)
Course(s)
Students are entitled to bring an unmarked copy of the JCT05
Standard BuildingContract With Quantities SBC/Q Revision 1 2007
into this examination.
Answer any THREE questions.
All questions carry equal marks.
Attached:
Supplied
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Heriot-Watt University D31PZ1 Contracts and Procurement Semester
1 2008-09
D31PX1 Contracts and Procurement Semester 1 2008-09
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Q.1
A client wants to adapt the design and build procurement route
to improve the qualityof design and workmanship they will receive.
They are undecided between:
requiring prospective contractors to pass a pre-qualification
process thatassesses the contractors' design competency; or
appointing their own design team to develop a concept solution
so that they cannovate this solution to the successful
contractor.
Which of these two options would you recommend to this client?
Explain why youwould make this recommendation and why the
alternative is not, in your view,appropriate.
(33 marks)
Q.2
When a PFI scheme is developed by negotiation with a single
interested bidder,value for money cannot be achieved. (Anon.,
2008).
Critically analyse the ability of the Competitive Dialogue
process to address thiscriticism of current PFI procurement
practices.
(33 marks)
Q.3
A partnership structured by a partnering contract that defines a
"core group" is notreally a partnership. Discuss.
(33 marks)
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Heriot-Watt University D31PZ1 Contracts and Procurement Semester
1 2008-09
D31PX1 Contracts and Procurement Semester 1 2008-09
Page 3 of 3
Q.4
a) A prospective construction industry client is proposing to
employ a contractorusing a contract that it has written
specifically for the project. Advise the clientas to whether or not
they should do this. Support your position with an analysisof the
main risks the client would be exposed to by using its own contract
ratherthan one of the many standard construction contract
forms.
(11 marks)
b) Assume that the Client employed a Contractor using a
non-standard contractwritten specifically for the project. Also
assume that expenditure on the projecthas exceeded the agreed
Contract Sum but the work is not yet complete and
the Contractor is requesting additional payment. The Client has
discovered thatthe contract does not provide a process for paying
the Contractor extra money.Advise the Client regarding how it
should respond to the Contractor's request.
(22 marks)
Q.5
In a site meeting, the Contractor provides a fully-documented
heads of claim
requesting payment of Loss and Expense incurred as a consequence
of ongoingdelays in the Employer's response to a series of queries
over the last three months.How should the Employer react to the
provision of this document in accordance withJCT05 SBC/Q?
(33 marks)
END OF PAPER
