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question about contract analysis ?

5 replies [Last post]
Jehad Aldaoud PMP...
User offline. Last seen 5 years 26 weeks ago. Offline
Joined: 8 Oct 2010
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Dear planners 

i need summary for contract anaylsis, like 

what is contract anaylsis 

what is the big points that i must looking for it when i analysis a contract

please advise

Replies

Mike Testro
User offline. Last seen 25 weeks 8 hours ago. Offline
Joined: 14 Dec 2005
Posts: 4420

Hi Jiahd

The extension of time clause is to protect the employers nright to take Liquidated damages.

If there is no Extension of Time clause it is good news for the contractor because if the employer delays the work he loses his right to LD's.

This is just one example of why it is important to know a bit about construction law before reviewing a contract document.

Best regards

Mike Testro

Jehad Aldaoud PMP...
User offline. Last seen 5 years 26 weeks ago. Offline
Joined: 8 Oct 2010
Posts: 57
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Dear Mike 

 

Thank you for your answer

About the question, in general if the contractor didn't find anything about extention of time in the contract, it will be sign to the contractor that the contract will be dangerous 

 

Best Regrads 

Mike Testro
User offline. Last seen 25 weeks 8 hours ago. Offline
Joined: 14 Dec 2005
Posts: 4420

Hi Jiahd

A contract document is a statement of how the inherent risks are to be shared between the contracting parties.

A good starting point would be to look at the explanation sections of the standard Fidic suite of contracts.

All the published forms are risk neutral but employers often try to skew things in their favour and put more risks on the contractor.

It doesn't always work.

You have to have a lot of experience in contract management before you can review a contract.

For instance if you read a contract where the Extension of Time Clause had been deleted would that be good or bad for the contractor?

Have a think about it and come back with an answer.

(Please all you PP experts - let Jiahd answer this one - any hints and I will delete it OK)

Best regards

Mike Testro

Jehad Aldaoud PMP...
User offline. Last seen 5 years 26 weeks ago. Offline
Joined: 8 Oct 2010
Posts: 57
Groups: None

yes, actual contract docmunet 

i need headline about the subect, artical, book anything can i depen on it 

please advice 

Mike Testro
User offline. Last seen 25 weeks 8 hours ago. Offline
Joined: 14 Dec 2005
Posts: 4420

Hi Jiahd

Are you talking about the actual contract document?

If so there are as many versions as there are projects so your question is very difficult.

Best regards

Mike Testro