Thiyagarajan Vignesh MK55EMM2014 Essay

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M54EKM- CONTRACTING MANAGEMENT

ASSIGNMENT

By
VIGNESH THIYAGARAJAN
53185
Table of contents

1. Executive Summary………………………………………………………………………………5
2. Introduction…………………………………………………………………………………………6
2.1. Contracting Management…………………………………………………..6
2.2. Contract Formation…………………………………………………………….7
3. Role Of Contract Manager…………………………………………………………………….7
3.1. IT Contract Manager…………………………………………………………..8
4. Tendering Process………………………………………………………………………………..8
4.1. Types of Tendering……………………………………………………………..8
5. Negotiation………………………………………………………………………………………….9
6. Offer & Invitation To Treat……………………………………………………………………11
6.1. Conditional Offers……………………………………………………………..11
6.2. Revocation of Offers………………………………………………………….11
6.3. Offer Distinguished from invitation to Treat……………………..11
7. Acceptance…………………………………………………………………………………………..12
7.1. Acceptance of Tenders……………………………………………………… 12
7.2. Acceptance by Tenders……………………………………………………..12
8. Letter Of Intent…………………………………………………………………………………….13
9. Areas Of Potential Dispute……………………………………………………………………14
10. Liability Of Each Party In A Contract Dispute……………………………….15
11. Health & Safety……………………………………………………………………………..17
11.1. Title to Property…………………………………………………………18
11.2. Tort Law……………………………………………………………………..19
12. Good Commercial Practice……………………………………………………………..21
12.1. Project planning and Scheduling…………………………………21
13. Conclusion……………………………………………………………………………………..23
14. Recommendation…………………………………………………………………………..23

Declarations:

I therefore declare that, this work is my own particular work and has not been duplicated in part or in entire from whatever viable source with the exception of where appropriately recognized. Accordingly, all utilization of previously distributed work has been recognized inside the fundamental report to an item in the References.

VIGNESH THIYAGARAJAN
5318597

Date: 25.04.2014

1. Executive Summary
Self-investment around managers in an agreement is the real issues in development contracts. This work introduces an investigation of the lawful issues confronted by gatherings in a development contract and the part of an agreement administrator in illuminating these issues by directing the foundation of the agreement.
A portion of the normal issue ranges distinguished were Offer, acceptance and settlement of contracts, including letters of intent Areas of potential dispute, liability of each party in a contract dispute, Health and Safety issues, title to property and tort law, Good Business Planning and scheduling. Results were given where Manager adjusts the danger and remunerates in contract to restrict liabilities to the manager and minimize budgetary misfortune by making sensible contracts terms and conditions to be composed in an agreement to ensure the superintendent and guarantee the compelling execution of foremen to do development extend effectively.

2. Introduction
2.1Contracting Management
The contract life cycle management is “the development of consistently and conveniently managing contract formation, beheading and investigation for maximising operational and financial Act and minimising act” (CIPS). It is the process that secure both parties to a contract completely recognize their corresponding agreement and that these are realised as a effectively and efficiently as possible to provide the worthy value for money. It will results in the impact of “adversial” approach to the contract management. The contract manager role is approximately supervising in nature, to protecting their contractors with meet their “requirements”.
2.2. Formation of Contract
"A contract is a promise or set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty" (Goldberg, 1976).
(Restatement, 1981) “Contract” means that the total legal agreement which results from the all parties’ obligations is affected by this Act and any other relevant…