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16 Cards in this Set

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Planning, scheduling, and monitoring closeout activities:

Obtain and approve termination plans from involved functional managers. • Prepare and coordinate termination plans and schedules. • Plan for transfer of project team members and resources to other projects. • Monitor completion of all contractual agreements. • Monitor the disposition of any surplus materials and projec

Final closeout activities:

• Close out all work orders and approve the completion of all subcontracted work. • Notify all departments of project completion. • Close the project office and all facilities occupied by the project organization. • Close project books.• Ensure delivery of project files and records to the responsible managers.

Customer acceptance, obligation, and payment activities:

• Ensure delivery of end-items, side items, and customer acceptance of items. • Notify the customer when all contractual obligations have been fulfilled. • Ensure that all documentation related to customer acceptance as required by contract has been completed. • Expedite any customer activities needed to complete the project. • Transmit formal payment and collection of payments. • Obtain from customer formal acknowledgment of completion of contractual obligations that release the contractor from further obligation (except warranties and guarantees).

The post-completion project review should cover the following:

1. Initial project objectives in terms of technical performance, schedule, and cost; and the soundness of the objectives in view of the needs and problems the system was supposed to resolve. 2. Changes in objectives, and reasons for changes, noting which changes were avoidable and which were not. 3. The activities and relationships of the project team throughout the project life cycle, including the interfaces, performance, and effectiveness of project management; relationships among top management, the project team, the functional organization, and the customer; cause and process of termination; customer reactions and satisfaction. 4. The involvement and performance of all stakeholders, including subcontractors and vendors, the client, and outside support groups. 5. Expenditures, sources of costs, and profitability; identify organizational benefits, project extensions, and marketable innovations. 6. Areas of the project where performance was particularly good, noting reasons for success and identifying processes that worked well. 7. Problems, mistakes, oversights, and areas of poor performance, and the causes. 8. A list of lessons learned from the project and recommendations for incorporating them into future projects.

The contractor sometimes remains involved with the customer and operational system during this phase in two ways:

1. An agreement to maintain/repair the system, 2. A new project to enhance or replace that same system.

In general, priority and selection of projects is based upon consideration of:

• Project price• Solution’s ability to satisfy stated needs• Return on investment (ROI) • Project plan and management • Reputation of contractor• Likelihood of success or failure (risks) • Fit to contractor resources and technological capability

Among factors the customer considers are:

• Is the contractor big enough to do the project? • Is it adequately financed to do the project? • Does it have a good track record with this kind of project? • Does it have a good reputation in the industry? • Has it been involved in litigations and arbitrations?• Will the company ’ s management be accessible? • Is it ISO 9000 certified? • Will the relationship with the company likely be amicable or touchy? Proposal finalists are notified and competing contractors might be requested t

The prime/main contractor (also called the SDO), developer, promoter, or consultant), include

(a) Contractor top management (corporate and functional managers) (b) Project management (project manager and staf ) (c) The doers—professional, trade, assembly, and other workers

The basics of contract managemen

 Contract management is when someone takes on the responsibility of managing contracts for employees or vendors/suppliers or other parties.  Contract managers need legal knowledge to accurately lead the contract management process.  Not all companies have set contract managers, so either they hire or subcontract the services of contract managers. The company or contractor have dedicated staff or personnel to assist or work under the leadership of the contract manager

Types of Contract Agreements:

•fixed price contracts


•cost-plus contracts


•incentive contracts

When a contract management strategy is successfully implemented, organizations can expect to see:

 The expected business benefits and financial returns are being realized.  The supplier is cooperative and responsive to the organization's needs.  The organization encounters no contract disputes or surprises.  The delivery of services is satisfactory to both parties.

Creating a contract can prove quite time-consuming. The process includes several of the following steps:

1. Initial requests. The contract management process begins by identifying contracts and pertinent documents to support the contract's purpose. 2. Authoring contracts. Writing a contract by hand is a time-consuming activity, but through the use of automated contract management systems, the process can become quite streamlined.3. Negotiating the contract. Upon completion of drafting the contract, employees should be able to compare versions of the contract and note any discrepancies to reduce negotiation time. 4. Approving the contract. The instance in which most bottlenecks occur is getting management approval. Users can pre-emptively combat this by creating tailored approval workflows, including parallel and serial approvals to keep decisions moving at a rapid pace. 5. Execution of the contract. The contract becomes executory or effective when all parties have agreed and signed the contract. 6. Obligation management. This requires a great deal of project management to ensure deliverables are being met by key stakeholders and the value of the contract isn't deteriorating throughout its early phases of growth. 7. Revisions and amendments. Gathering all documents pertinent to the contract's initial drafting is a difficult task. When overlooked items are found, systems must be in place to amend the original contract. 8. Auditing and reporting. Contract management does not simply entail drafting a contract and then pushing it into the filing cabinet without another thought. Contract audits are important in determining both organizations' compliance with the terms of the agreement and any possible problems that might arise. 9. Renewal. Contracts can be renewed by both parties with the option of including new terms and conditions, or any changes in reference to the previous contract.

The Contents of a Project Contract There are essential elements of a project contract, which can result in major vulnerabilities if overlooked:

Full Name, Address, Signature of both parties.


•scope of work


•project cost and payment terms


•schedule of work


•authority


•drawings and plans


•insurance coverage


•legal obligations


•special terms and conductions

The five most common causes of contract disputes according to The National Real EstateInvestor are:

1. Contract errors or omissionsThe biggest reason for construction disputes is one that can be perhaps most easily avoided. A thoroughly vetted contract that is fully agreed upon by all parties can save a huge headachedown the line. 2. Differing site conditionsWhile a construction bid is based on the assumption that site conditions are reflected withinthe initial package, this is often not the case. Subsurface condition differences and otherunexpected changes can be a large cause for constriction disagreements. 3. Non-compliance of contractual obligationsWhile a well-worded contract can be a difference maker, it’s sometimes not enough. If acontractor, sub-contractor, employer or any other party fails to comply with their obligations, the other parties involved will generally try to seek recourse.4. Failing to correctly administer the contract As a legal obligation for all the parties, disputes arise when certain terms and conditions are not followed. Thus, it is imperative the contract is followed throughout the duration of the project. 5. Claims errors A claim that is poorly drafted, poorly defined or even unsubstantiated can make a big difference.

Other preventive measures to consider when planning and executing a project include:

 make significant upfront planning before beginning work;  carefully read and understand the contract;  negotiate clauses that are murky or potentially problematic;  be diligent when it comes to pre-construction work, such as putting together estimates, schedules, contacting subcontractors, making important orders, etc.;  make sure schedules are realistic and executable and plan for delays and disruptions;  document any issues and challenges that arise during the execution - daily reports are irreplaceable;  deal with problems as they arise, do not postpone them;  identify risks in advance and consult specialists; and  adopt systems that increase predictability of every process, and provide greater information transparency to all parties.

When drafting the contract, and in particular the dispute resolution clause, there are a number of resolution methods at hand. These are:

Negotiation


Mediation


Expert determination


Adjudication


Arbitration


Litigation