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Index

Practical Guide to Engineering Procurement and Construction Contracts


Page 151

Index

Index

  • Basic Design and Engineering Package (BDEP) 5
  • BDEP see Basic Design and Engineering Package (BDEP)
  • bias: in dispute causes 2;
    • optimism and 31;
    • political 2, 48, 56;
    • psychological 2, 48, 56
  • cap on liability 65
  • causal connection, in claims 107108
  • change control: in contract management 94
  • change valuation 105106
  • choice of law: Joint Ventures and 126, 147
  • claim(s): anticipation 95;
  • collaboration 5455
  • conceptual design 3435
  • concurrent delay 7677;
    • see also delay
  • confidentiality: Joint Ventures and 121122, 140141
  • consequential changes 103
  • consequential or indirect damages 50
  • Consortium: expulsion from 148;
    • formation of 126128;
    • insurance in 118119;
    • Joint Venture vs. 126127;
    • leader 147148;
    • liabilities 148;
    • offer by 117;
    • reasons for forming 114;
    • securities in 117118;
    • steering committee with 147;
    • see also Joint Venture (JV)
  • construction/erection all risks insurance 118, 137
  • construction management: daily tasks of 69;
    • responsibilities of 6869;
    • setting out in 6970;
    • team 67
  • Construction Program Manual (CPM) 94
  • constructive acceleration 103105
  • constructive changes 101
  • contract conditions 3637, 46, 47, 5257;
    • change control in 94;
    • claim anticipation in 95;
    • method of performance changes and 102;
    • subcontract 6465
  • contract management: change valuation and 105106;
    • claims management in 9596;
    • consequential changes and 103;
    • constructive acceleration and 103105;
    • constructive changes and 101;
    • Contractor-ordered changes and 100;
    • defective specifications and 101;
    • defects and 96101;
    • documentation control in 9394;
    • entitlement preservation and 110111;
    • information supply and 3;
    • notices and 108109;
    • over-inspection and 102;
    • Owner-ordered changes and 99100;
    • Owner-provided defective materials or property and 102103;
    • plans and procedures in 93;
    • program 9396;
    • purpose of 9192;
    • records in 109110;
    • and rejection of conforming work 102;
    • schedule control in 94;
    • third party changes and 100;
    • variation orders and 9899
  • Contractor: in contract tendering and negotiation 4952
  • contract review 93
  • contract tendering and negotiation: award criteria in 47;
  • contractual exclusions 50
  • cooperation 29
  • cost control 67
  • damage: as dispute cause 2124;
    • liability for, as Owner obligation 4244
  • damages: for delay, liquidated 19;
    • as dispute cause 2124;
    • penalties vs. liquidated 19
  • defect(s): contract management and 96101;
    • Contractor-ordered changes and 100;
    • failure to remedy 89;
    • Owner-ordered changes and 99100;
    • price reduction for 89;
    • search 8889;
    • subcontractor warranties and 9798;
    • third party changes and 100;
    • variation orders and 9899
  • defective specifications 101
  • Defects Liability Period 8788, 96
  • delay: delay-causing events 7576;
    • concurrent 7677;
    • as dispute source 1819;
    • liquidated damages for 19;
    • sequential 7778
  • design: complexities of 60;
    • liability 5860;
    • submission of documents, to Owner 5960;
    • variations provision and 6061
  • Design Brief 4
  • dispute causes 126;
    • bias in 2;
    • damages in 2124;
    • delay in 1819;
    • information supply in 24;
    • origins of 1;
    • from outside contractual parties 1517;
    • payment in 1115, 13;
    • price in 911;
    • quality in 1920;
    • rely-upon information and 3;
    • scope of work in 46;
    • site access as 78
  • dispute resolution 24
  • documentation control 9394
  • drawings: as Owner obligation 39
  • due diligence: decision-making after, in project conception 3032
  • duty of non-interference 3940
  • Employer’s Requirements: conceptual design in 3435;
    • contract conditions in 3637;
    • facility requirements in 35;
    • general requirements in 35;
    • overview of 34;
    • Owner’s obligations in 3744;
    • particular requirements in 35;
    • tender phase in 3536
  • entitlement preservation 110111
  • environmental protection 7172
  • EOT see extension of time (EOT)
  • equipment: Ownership of 73;
    • Owner-supplied 72
  • exchange rates 10
  • exclusions: in contract tendering and negotiation 50;
    • in scope of work 6
  • experience 29
  • expulsion: from Joint Venture 122124
  • extension of time (EOT) 94
  • facility requirements 35
  • feasibility study 2830
  • FEED see Front-End Engineering and Design (FEED)
  • Final Acceptance 4142, 89
  • financing: in Joint Venture 120
  • fixed price contract 910
  • Flyvbjerg, Bent 2, 31, 48, 56
  • Force Majeure 17
  • forward contract 10
  • fossils 70
  • Front-End Engineering and Design (FEED) 36, 48, 58
  • general purchase conditions 65
  • general requirements 35
  • Health, Safety and Environment (HSE) 68;
    • see also safety
  • hold harmless 2223
  • HSE see Health, Safety and Environment (HSE)
  • information: as Owner obligation 39
  • information supply: as dispute cause 24
  • innovation 29
  • inspection: joint 88;
  • instructions: as Owner obligation 39
  • insurance: construction/erection all risks 118;
  • invoicing: in Joint Venture 119, 138
  • knock-for-knock 2123, 26, 42
  • knowledge sharing 30
  • labour shortage 76
  • late payments 1112
  • L/C see letter of credit (L/C)
  • letter of credit (L/C) 1213, 13
  • liability: Consortium and 148;
    • in contract tendering and negotiation 5052;
    • for damages 124;
    • design 5860;
    • Joint Ventures and 122, 141142, 144145;
    • as Owner obligation 4244;
    • for work provided 124
  • liability insurance 119
  • loss of profit, loss of use 50
  • lump sum pricing 910, 55
  • marine cargo/transportation insurance 118, 137
  • materials: Ownership of 73;
    • Owner-supplied 72;
    • shipping responsibility for 73
  • method of performance changes 102
  • milestone payments 18
  • mineral deposits 70
  • mutual hold harmless 2223
  • non-interference, duty of 3940
  • notices 108109
  • optimism 31
  • option contract: exchange rates in 10
  • overall liability cap 50
  • over-inspection 102
  • Owner: changes ordered by 99100;
    • in contract tendering and negotiation 4649;
    • defective materials or property provided by 102103;
    • equipment supplied by 72;
    • materials supplied by 72;
    • plant supplied by 72;
    • services to be supplied by 72;
    • submission of design documents to 5960;
    • supplies to be supplied by 72
  • Owner’s obligations: acceptance of work as 4142;
    • approvals as 38;
    • drawings as 39;
    • duty of non-interference as 3940;
    • in Employer’s Requirements 3744;
    • information as 39;
    • instructions as 39;
    • liability as 4244;
    • payment as 4041;
    • permits as 38;
    • site access in 3738;
    • site possession in 3738;
    • start date as 3839
  • Owner’s risks 17
  • particular requirements 35
  • payment: advance 11;
  • penalties: liquidated damages vs. 19
  • performance measurement 20
  • performance tests 7980
  • permits: as Owner obligation 38
  • physical conditions, unforeseeable 1517
  • Planning Fallacy 31
  • plant: Ownership of 73;
    • Owner-supplied 72
  • political bias 2, 48, 56
  • price: as dispute cause 911;
    • reduction, defects and 89
  • procurement, project 32
  • project conception: cooperation in 29;
    • due diligence in, decision-making after 3032;
    • experience in 29;
    • feasibility study in 2830;
    • innovation in 29;
    • knowledge sharing in 30;
    • management in 2728;
    • preparation in 29;
    • procurement and 32;
    • standardisation in 29
  • project management: in Joint Venture 116117, 131133

  • Page 154

    psychological bias 2, 48, 56
  • public convenience 71
  • public utilities 72
  • Punch List 89
  • purchase conditions 65
  • quality: as dispute cause 1920
  • recordkeeping 109110
  • Reference Class Forecasting 3132, 4849, 5657
  • rely-upon information 3
  • requirements: facility 35;
    • general 35;
    • particular 35
  • Ruskin, John 48
  • safety: in construction 7071;
    • see also Health, Safety and Environment (HSE)
  • schedule control: in contract management 94
  • scope of work: as dispute cause 46;
    • exclusions in 6;
    • subcontract and 64
  • securities: in Joint Venture/Consortium 117118, 136
  • sequential delay 7778;
    • see also delay
  • setting out 6970
  • shipping responsibility 73
  • site access: as dispute source 78;
    • failure, in delay 76;
    • as Owner obligation 3738
  • software issues 88
  • specifications, defective 101
  • standardisation 29
  • start date: as Owner obligation 3839
  • storage responsibility 73
  • strikes 76
  • subcontract: conditions 6465;
    • scope of work and 64
  • subcontractor warranties 9798
  • substitution: expulsion by 124, 145
  • Taking-Over: assessment procedures after 84;
    • certificate 8384;
    • conditions 82;
    • procedure 83;
    • relevance of 84;
    • responsibility transfer in 8283
  • taxes: and Joint Ventures 121, 140
  • tender phase 3536
  • termination: of Joint Venture 125
  • tests, performance 7980
  • third parties: disputes arising from 1517
  • third-party liability insurance 138
  • time management 67
  • transportation insurance 118
  • unforeseeable physical conditions 1517
  • variation orders 9899
  • variations provision 6061
  • warranty: contractual 5052;
    • quality and 20;
    • subContractor 9798
  • wear and tear 88
  • workman’s compensation insurance 119, 137138

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