CONSTRUCTION CONTRACTS

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There are three essential requirements of any contract.

  1. Incentive: The prime aim is to provide an adequate incentive for efficient performance from the contractor. This must be reflected by an incentive for the client to provide appropriate information and support in a timely manner
  2. Flexibility: the prime aim is to provide the client with sufficient flexibility to introduce change which can be anticipated but not defined at the tender stage. An important requirement is that the contract should provide for systematic and equitable evaluation of such changes.
  3. Risk sharing: the prime aim is to allocate all risk between Client and Contractor. This must take into account the management and control of risk which materialize.

Types of Construction Contracts

There are various types of contract strategies in construction industry. Some of the main choices available are:

  • Traditional Contracts

A consultant (or team of consultants) undertakes the process of feasibility, detailed
design, and contract preparation. A tender process follows and thereafter construction
installation and commissioning by the appointed contractor. The consultants who
developed and designed the project supervise these.

  • Design and Build

A consultant undertakes the process of feasibility, establishing the client’s basic needs
and contract preparation. A tender process follows and thereafter the appointed
contractor undertakes detailed design, construction, installation and commissioning.
This type of contract is also known as turn key or prime contracts

  • Management contracts

The client initially appoints consultants to undertake feasibility and costing and
perhaps outline design.A management contractor is appointed early in the project life and has considerable design input.

The management contractor’s responsibility is to prepare and appoints trade contracts or supply packages. Separate contracts are drawn up for independent parts of the construction project. A large amount of work is divided amongst several contractors.

  • Build Own Operate Transfer (BOOT)

In its many forms a BOOT contract not only includes the initial design and
construction of the facility but a continuing maintenance and perhaps refurbishment
of over a number of years until final transfer to the client. Finance is often provided
by the contractor who recovers his cost through the life of the project. Other terms are
PFI, PPP etc

The concession agreement is the structured contract between the client and contractor.
It identifies and allocates risk. 

Modes of Payments

The two main payment systems used in construction contracts are:

  • Price Based: this system consists of lump sum and admeasurements. Prices or rates are submitted by the Contractor in his tender
  • Cost Based: This payment system consists of cost-reimbursable and target cost. The actual costs are incurred by the contractor and reimbursed, together with a fee for overheads and profits.
  • Price Based Payment System

Risk Allocation
A prime function of the contract is to allocate risk. The identification and
consideration of risk is a logical way to develop the organisational and contractual
policies for any project. Some of these uncertainties will remain whatever type of
contract is adopted and the contractor must then include a contingency sum for them
in his tender.
Different levels of risk contingencies can explain the wide range of bid prices
frequently received for admeasurements contracts. Another consequence of risk is that
fewer contractors are prepared to respond to or submit unqualified bids.
All parties to a project are at risk to some extent whatever the contract between them,
for instance that work may be frustrated by the forces beyond their control. If so, the
time lost and all or some of their consequent const may not be recoverable. The
choice of type of contract can motivate (or fail to motivate)

 

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Buying property for FREE

It’s sounds unbelievable but every entrepreneur knows that it does not take money to make money.

bigstockphotoHouseKeys

Today we are sharing ideas on how to buy property ( Real Estate) with no money down.

Many real estate investors think that money will make or break a real estate deal. A lack of funds can stop a potential purchaser from bidding on a property. However, it is possible to purchase real estate with no money from the buyer’s pockets. If the deal is right, the funding can easily fall into place.
Although there are many ways an investor can purchase real estate without handing over a down payment at settlement, it’s important to understand the pros and cons of each type of agreement before signing on the dotted line. Here are some examples of no-money-down real estate deals:
BORROW THE MONEY
Probably the easiest way to purchase a property with no money down is by borrowing the down payment. Either find a lender offering a low interest rate, or use a home equity or other line of credit loan (friends, family, other network) or you can also borrow from your real estate broker – arrange to borrow the broker’s commission for a short time and use those funds for the down payment.

In Kenya, banks are the typical lenders but there also exists hard money lenders. You may be limited by the amount or the interest rates may be too high. The key however, is to to determine beforehand whether the income from the property can be able to equal or exceed the monthly (or annual) loan repayments.
ASSUME THE EXISTING MORTGAGE
Some purchasers can use a “subject to” contract, where the buyer uses the seller’s existing financing for part of the purchase price. Using the seller’s existing financing is especially successful if the current loan has a low interest rate. The buyer receives the title to a property in return for making payments on the seller’s mortgage.
LEASE WITH OPTION TO BUY
Many purchasers do not realize that they may be able to rent a property from the owner with an option to buy. Under the terms of the lease/option agreement, the buyer and seller negotiate a sum to be paid at regular intervals for use of the property. This agreement allows the lessor to purchase the property at a predetermined price during the term of the lease. Usually, a portion, and sometimes all, of the rental payments will be credited toward the purchase price.

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NEGOTIATE THE DOWN PAYMENT

Along with everything else in a real estate contract, the amount of the down payment and who pays it is almost always negotiable. A buyer may elect that the seller pay the down payment, or give credit at closing for the buyer’s down payment. A buyer could also request to pay the down payment in installments, whether in monthly installments or as a balloon payment at the end of the year.

Real estate transactions, like all other business transactions, can be customized

SWAP PERSONAL PROPERTY

Anything you own may be useful as a cash substitute for a no-money-down deal. For example, if the seller is planning to retire, your unused motor home would probably be much more valuable than a cash down payment. Cars, furniture and appliances are all acceptable replacements for a cash down payment.
EXCHANGE YOUR SKILLS

A buyer may be able to offer skills instead of cash. Accountants, contractors, mechanics, plumbers, doctors, lawyers, and so on, all have tradable skills that would be useful in lieu of a cash down payment.
TAKE ON A PARTNER

Finding other cash buyers is another way to purchase a property with no money down. However, this could get messy as other hands get into the deal. To simplify this process, you can organize the deal on a smaller scale by bringing in one or two more people at the most. In return for their financing, you can promise to take on the responsibilities of putting together the deal and managing the real estate investment.

OFFER A HIGHER PRICE OR BETTER TERMS

Again, Real estate transactions, like all other business transactions, can be customized. Some owners may be willing to accept a higher price for the property, even if it comes in installments, in lieu of accepting a down payment.

EXCHANGE PROPERTY
If you already own property, you may want to exchange it for another property. You could either exchange the property with a buyer, or use it in combination with a small amount of cash to obtain the property you want.

it does not take money to make money

The key to getting these kind of deals is research and actively searching for such opportunities. You must also think outside the box and remember, NEVER make the first offer.

 

Email us at info@stroikagroup.org for consultation.

PROJECT PLANNING PROCUREMENT

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There are various types of construction projects. These include building construction, heavy or civil engineering works and industrial construction work. Civil works here include the construction of roads and bridges while industrial works deal mainly with medicine, petroleum, chemical, power generation, manufacturing industries. Buildings generally require a significantly smaller teams but this varies depending on the nature of the project. Individual residential buildings require a smaller group or number of individuals compared with high rise commercial buildings. Industrial construction require larger groups of people working together to bring a project to completion.

Construction procurement is involved with the acquisition of the above mention construction works. The methods of procuring buildings rely mainly on the type of contract that has been entered into between the client and the contractor. The four basic types of contacts include:

  • Separated contracts/ Traditional ( Lump sum contracts,  Measurement contracts, Cost plus percentage)
  • Management contracts( Management contract,  Construction management contract,Design, management and construction contract)
  • Integrated contracts (Design and build contract,  Turn-key contract, Build own, operate and transfer (BOOT))
  • Discretionary contracts (Partnership, Joint venture)

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Traditional Procurement methods
Separated contract or traditional procurement systems are those in which the design and construction stage are separated. The traditional structure for project procurement is seen as a sequential method because the employer takes his scheme to an advanced stage with his professional team before appointing a contractor.

The designer/architect is employed to advise the client, design and ensure that the work is kept within the cost limit and that it complies with the standards required. A Quantity Surveyor can be engaged to give guidance on design costs and budgets, prepare bills of quantities, check tenders, prepare interim valuations and advise on the value of variations.

The contract price/sum is often based on a bill of quantities provided by the Quantity Surveyor which quantifies, so far as possible, every aspect of the works. Consultant structural and services engineers may be employed by either the client or his advisers to design the specialist parts of the project.

Generally, the separation of responsibilities for design and construction causes difficulty in ascertaining whether defects in the outcome are a result of designing or the quality of workmanship. Designing defects render the client liable for losses while workmanship and material quality liability are borne by the contractor.

These types of contracts are usually characterized by inadequate or incomplete designing before construction commences and consequently problems in the determination of the final costs of a project. The various types of separated contracts are discussed below.
Lump sum contract are consequently separated contracts where the contractor gives an estimate of the total cost of a project. This type of contract is effective where all design parameters are measurable. A lump sum contract is compiled after the project briefs, proposals; preliminary and detailed designs have been completed. This type of contract is time consuming as all the required details must be made available before tendering commences. It also has the disadvantage of uncertainty. Before tendering for this type of project, it is important to determine the buildability of the project.
Measurement contracts on the other hand rely on an item by item means of measuring quantities. The tender documents are supplied along with a detailed bill of quantities. The bill of quantities included details on the item serial number, quantity, unit of measurement and the amount required.
The cost plus percentage contract is applied in small project. It is similar to the measurement contract except that an additional cost of the percentage of actual cost is added to the gross sum i.e. after adding the price of individual items.

Management Contracts
Management contracts involve the services of a contracted management contractor. The management contractor role ensures that a large number of small subcontractors do not send their quotations. The key roles of this individual include preparing the overall schedule, prepare the work package schedule and to coordinate with the designers in the project.
The construction management project involves a construction manager who assists in procurement, managing the project and coordinate activities. The duties of the construction manger include advising the designers, assisting in procurement and managing the building process.
Design, management and construction projects involve an individual or consultancy taking responsibility for the entire construction process. The client however, is responsible for calling for tenders. The clients also sublet the designing and building of the project to subcontractors in practice.

Under_construction Integrated Contracts
Integrated contracts include the design and build contract. In this case an individual usually an architect or the engineer is responsible for the entire construction project. This eliminates contractor-designer conflicts. This kind of contract is adopted where the client has no in-house design and engineering departments. The key advantage of this type of contract is the technical expertise and the reduction of unnecessary law suits.
The turnkey contract involves contractors’ roles include surveying, drawing, designing, constructing and testing the output for the client. The client simple ‘turns the key’. The advantage of the turnkey include the fact that the project benefits from a large technical capacity and that it may include on the job training on how to operate on the site.
The build own,operate and transfer (BOOT) contract involves an agreement between the contractor and the owner to the effect that after construction is complete, the contractor can operate the facility for a given duration. This type of contract takes place where the client seeks alternative sources of funding project and is common in the public sector.

The client can raise funds in the contractor’s court to effectuate this contract. Because of the long term nature of this type of contract it is important for both parties to assess the associated project risks and these may be social, economic and political risks of undertaking this kind of project. An example of this would be a BOT contract formed by hydro-electric power plants. In these cases, private companies are contracted to build a power plant and later on operate it for a given duration say 15 years after which ownership may change.

WCRE_CONSTRUCTION-OVERVIEW-

Discretionary Contracts
Discretionary contracts include the partnership and Joint venture. In a partnership, the contractor and the client form a partnership .construction commences after the project goals have been set. Disputes between them are settled through their stated (in the contractual agreement) means of dispute resolution.

A partnership agreement will usually define the means of operation that is how the project will be planned, designed and executed. This type of contacts can be long-term or short term. Short term partnership agreements are those that are agreed upon for say a set project period or until completion of a project.
Joint ventures are necessitated by the inadequacies of individual contracting firms. The firms merge forming a ‘mini-company’. These firms also establish a Memorandum of Understanding and internal articles for the duration of the project. The different parties to a joint venture each contribute staff to the new merged company.

The most widely used procurement method in Kenya today is the traditional system of procurement. However, the choice of management contracting is a preferred alternative especially for larger project due to the necessity of proper resource management.

ESTIMATING THE COST OF CONSTRUCTING YOUR HOME (KENYA)

Thinking of building a new home? Here are some tips…

BETTER WAY

1. Contact Local Builders

Meet with builders who construct houses that are similar in size, quality, and features to the home you want. Builders will tell you how much per square foot they usually charge for home construction. If you ask, some builders will provide you a list showing the materials they will use.

Our independent consultants offer advice on material sourcing, costing and labour fees for only 3% of the cost.

Submit your building material request now.

2. Count the Square Footage
Look at newly constructed homes that are similar in size, style, quality, and features to the home you want. Take the price of the home, deduct the price of the land, and divide that amount by the square footage of the home.

For example, if the home is selling for KES 16.3 Million and the land costs KShs. 300,000, then the construction cost is around KShs. 16 million. If the home is 2,000 square feet, then the cost per square foot is Kshs.8000.

Use several new homes in your area to get an approximate square footage price. After you have calculated an average square footage cost, you can multiply that cost by the finished square footage of your house plan to get a ballpark estimate.

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